Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 468, 471, 467 -- Quashing of proceedings - FIR lodged in 1990 - Cognizance taken in 2000 - Held, manner of investigation spreading over a period of ten years - Initiation of proceeding is an abuse and misuse of process of Court - Any action if allowed to continue would result in great..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Not to be evaluated at the stage of deciding application - However, a duty is cast on the Court to examine prima facie the relevancy of the material sought to be produced so as to conclude that application filed is bonafide and not to abuse the procedural law to harass the opposite party...........
Civil Procedure Code, 1908, Section 151 -- Eviction petition - Additional evidence - Permission sought by tenant to lead additional evidence - No ground made out in the application for leading additional evidence - Plea that evidence closed by counsel without his knowledge - Tenant not filed any complaint against his lawyer - Held, averments made in application are totally..........
Criminal Procedure Code, 1973, Section 202, 482, Indian Penal Code, 1860, Section 379 -- Offence u/s 379 IPC - Jurisdiction - While summoning accused Magistrate did not consider the impact of amended provision of S.202 Cr.P.C. which makes it incumbent upon him to make inquiry if the proposed accused persons are not residing within the jurisdiction vested with him - Entire..........
Limitation Act, 1963, Section 5 -- Delay in filing appeal - Condonation of - Party seeking condonation has not availed remedy available to him - Rather he intentionally filed civil suit for injunction and stood idle for considerable period of 6 years - Application for condonation was nothing but abuse of process of law - Party not eligible for benefit under S.14, Since he..........
Civil Procedure Code, 1908, Section 151, Civil Procedure Code, 1908, Section 151, Constitution of India, Article 226, 227, Locus standi, Order obtained by deceitful means -- Plaint - Quashing - Civil proceedings when initiated with mala fides or with ulterior motive - Continuance of which will amount to abuse of process of Court - High Court can quash such a plaint in..........
Protection of Women From Domestic Violence Act, 2005, Section 3, 12 -- Domestic violence - Among others, takes in economic abuse also...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Contention that no notice was received by applicant and that applicant has already paid the amount in dispute - Even if allegation made in the complaint as well as the documentary evidence brought on record are taken at their face value and accepted in their..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Dishonour of cheque - Demand notice returned unserved - Contention of respondent that even if demand notice was returned unserved then after receiving summons of complaint it was primary duty of accused to make payment of cheque - But instead of doing so,..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 190, 403, 420 -- Dishonour of cheque - Second complaint - Quashing of - Prior to filing of complaint u/ss 190/403/420 IPC, respondent/complainant had already instituted a complaint u/s 138 NI Act on the same set of allegations - Respondent has failed..........
