Abuse of process of Court -- (1998) 3 SCC 573 referred wherein held : A proceeding being filed for a collateral purpose, or a spurious claim being made in litigation may also in a given set of facts amount to an abuse of process of Court - Frivolous or vexatious proceedings may also amount to an abuse of the process of Court especially where the proceedings are absolutely..........
Abuse of process of Court -- 2013 (2) SCC 398 referred wherein held : Principles - (a) A person coming to Court with `unclean hands' is neither entitled to be heard on merits nor entitled to any relief; (b) A person approaching Court for ex parte relief should state the whole case fully and fairly and where litigant has broken such faith, discretion of Court cannot be..........
Service -- Selection and appointment - Participation in the selection process without any objection - Procedure cannot be challenged later on...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR and proceedings in furtherance thereto for offence u/ss 420, 467, 471, 472/120-B of IPC - FIR filed after 10 years of original agreement signed between parties - Admittedly, complainant himself gave specific reason in FIR that agreement to sell could not be executed because of variation of price in immovable..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 343, 374, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 75, 79 -- Anticipatory bail - Offence u/ss 343, 374 IPC and Ss.75, 79 of JJ Act - Establishment of accused is not dealing with any hazardous process - There is no ostensible engagement of the child and keeping the..........
, Section 56 -- Appointment - Post of Head master - Minority educational institution - Once the Management makes a conscious choice of a qualified person from the minority community to lead the institution, either as a Headmaster or Principal, ignoring available senior teachers from same community, Court cannot go into merits of choice or rationality or propriety of the..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Deletion of name of defendant - Suit for recovery of damages for defamation - Suit proceeded not against publishers of news but against persons who are prosecuting plaintiff for offence complained - Information which defendant/I.O has supplied to newspaper is not beyond contents of FIR or is contrary to investigation carried..........
Criminal Procedure Code, 1973, Section 203 -- Dismissal of first compliant - Second complaint on the same facts - Maintainability - First complaint not dismissed on merits but due to non examination of witnesses - Second complaint filed and initial statement and statements of witnesses recorded u/s 202 Cr.P.C., Magistrate prima facie found the case and issued process..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 409, 419, 420, 506 -- Quashing of complaint - Offence u/ss 406, 409, 419, 420, 506 IPC - Compromise arrived between parties and both parties agreed to part away each other - No date fixed for filing divorce petition in compromise - Time taken by Court while recording evidence and deciding..........
Criminal Procedure Code, 1973, Section 195(1)(b)(ii), Indian Penal Code, 1860, Section 420, 471, 468, 467, 109, 34 -- Bar u/s 195(1)(b)(ii) Cr.P.C - Cheating and forgery - Investigating agency prima facie found that Process Server in connivance with two witnesses and petitioners prepared documents outside Court in revenue proceedings - Bar u/s 195(1)(b)(ii) Cr.P.C not..........
