Complicated questions of law and facts -- Summary jurisdiction - Banking service - Alleged wrongfully passing of cheques by the Bank - Not a simple case where signature on the cheques have only to be identified to hold deficiency in service on the part of the Bank, its officials etc. - Complicated questions of law and facts involved - Such type of complaint cannot be..........
Civil Procedure Code, 1908, Order 18, Rule 17-A -- Further evidence - Court should be liberal in permitting the parties to adduce such evidence as they wish to bring on record, provided it is not an abuse of process of Court or a part of delaying tactics...........
Constitution of India, 1950, Article 226 -- Abuse of process of law - Court duty bound to show petitioner exit door and also to burden him with heavy costs - Petition filed to perpetuate injustice - Dismissed with costs quantified at Rs. 25, 000/-...........
Criminal Procedure Code, 1973, Section 468 -- Haryana Development and Regulation of Urban Areas Act, 1975, Sections 3(i) and 10 - Cognizance of offences - Limitation - Quashing of FIR - FIR registered on 8.11.1983 for violation of provisions of Clause (i) of Section 3 of the 1975 Act - Challan submitted on 11.11.1986 - Delay not explained - Continuation of proceedings..........
Second Complaint -- First complaint decided - Second complaint filed on the same cause of action before other District Forum - Order of the District Forum holding the same as abuse of the process of the Forum upheld...........
Companies Act, 1956, Section 614A -- Filing of defective balance sheet before Registrar of Companies - Registrar filing criminal complaint u/s 614-A - Held, in case the documents submitted by the Company were not in proper form or were not accompanied by the audit report, then it is incumbent upon the Registrar of Companies to point out the defect to the Company itself..........
Criminal Procedure Code, 1973, Section 125, 482 -- Interim maintenance - Second marriage - Son from previous marriage adopted - Courts below denied maintenance to wife as dissolution of her previous marriage was yet to be established on evidence and allowed Rs.400/- p.m. alongwith Rs.800/- as costs of litigation expenses to son - Held, order passed by Courts below neither..........
Criminal Procedure Code, 1973, Section 145, 146 -- Civil Court in a suit passed interim order restraining defendant not to dispossess the petitioners from land till disposal of suit - Held, during pendency of civil proceedings, SDM has no jurisdiction to initiate proceedings u/s 145 and 146 Cr.P.C. - Order of attachment by SDM is abuse of the process of Court and liable to..........
Insecticides Act, 1968, Section 24(4) -- Quashing of complaint - Samples of insecticide found misbranded - Second part sent for Re-testing to Central Insecticides Laboratory found as per prescribed specifications - Held that the continuation of the criminal complaint and all subsequent proceedings taken thereon would amount to be an abuse of the process of law and are..........
Civil Procedure Code, 1908, Section 151 -- Inherent jurisdiction - To prevent unnecessary harassment and to prevent miscarriage of justice - Court has ample powers under Section 151 to make such orders as may be necessary for the ends of justice - Power must be exercised with caution and due diligence with the object to prevent miscarriage of justice or to prevent the..........
