Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Court cannot go into disputed questions of fact in a petition for quashing FIR...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - While examining a complaint, quashing of which is sought, Court cannot embark upon an enquiry as to reliability or genuineness or otherwise of allegations made in FIR or in complaint...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Courts would not thwart any investigation - It is only in cases where no cognizable offence of any kind is disclosed in the FIR that Court will not permit an investigation to go on...........
Service -- Writ petition - Challenging decision of Tribunal - Matter transferred to Supreme Court - Order passed by Tribunal was complied with by department on pain of contempt and benefits under order passed by Tribunal were conferred upon respondents - Since order of Tribunal is complied with, transferred case dismissed leaving all questions of law open...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 153A, 295A, 505, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(I)(V) -- Anticipatory bail - Offence u/ss 153-A, 295-A, 505 IPC and S.3(I)(V) of SC/ST Act - Prima facie evidence is on record that Facebook posts were uploaded by petitioner are not only..........
Constitution of India, 1950, Article 226 -- Inter se dispute between two parties - High Court in exercise of power under Art.226 of Constitution would not interfere in the order passed by Board of Revenue on an inter se dispute between two parties, at the instance of a stranger to the controversy...........
Criminal trial -- It is incorrect to decide a criminal case based on judgment of civil court alone - Civil case is decided based on preponderance of probability whereas criminal case is decided based on proof beyond doubt...........
Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - An act of breach of trust simpliciter involves a civil wrong of which the person wronged may seek his redress for damages in a civil court but a breach of trust with mens rea gives rise to a criminal prosecution as well - Dishonest intention is an essential element to constitute an offence of criminal..........
Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - Civil and criminal wrong - Entrustment of vehicle for repairs - Prosecution failed to trace out vehicle - No case for prosecution that accused dismantled vehicle for purpose of destroying evidence - Nothing on record to show that accused received vehicle with mala fide intention of misappropriating the same..........
Service -- Disciplinary proceedings - High Court while exercising Writ jurisdiction cannot re-appreciate evidence led during departmental enquiry...........
