Indian Penal Code, 1860, Section 420, 406, Criminal Procedure Code, 1973, Section 482 -- Agreement to sell - Non execution of sale deed - At the time of entering into agreement to sell there was no intention of accused to cheat complainant and thereby dishonestly inducing him to deliver the amount - Non compliance of agreement on later point of time may be due to many..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Does not include the provision or a right to seek lump sum amount for residential accommodation though the word `maintenance' includes all benefits towards food, lodging, boarding, medicines, clothes, transportation, education, entertainment etc...........
Criminal Procedure Code, 1973, Section 256, 246 -- Dismissal of complaint at the stage of S.246 Cr.P.C - Absence of complainant - Appeal against dismissal of complaint is pending from last 30 years - Complainant did not take any interest in proceeding of case and adopted lethargic attitude towards case - Nothing on record which may spell on fact that witnesses were being..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Can certainly be made even after final report u/s 173(2) Cr.P.C. has been submitted - It is not mandatory for I.O. to obtain prior permission of Court concerned, but it is desirable to inform Court in order to show respect and regard to it before making any further investigation...........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 482 -- Domestic violence - Quashing of proceedings - Compliant against mother-in-law and husband - Husband having extra marital affair and residing separately from wife - Mother-in-law pressurizing wife to consent for giving divorce to her husband and also retained her..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default at the stage when it was fixed for addressing arguments - Complainant was duly represented by his counsel - Magistrate was not justified in dismissing complaint in default for single absence of complainant, particularly on a..........
Criminal Procedure Code, 1973, Section 397(3) -- Successive revision petition - Maintainability - Where revision petition was dismissed as withdrawn on account of dismissal of main complaint, order passed wherein was basis of filing first revision petition cannot be treated as a bar to prefer successive revision petition after revival of original complaint...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Prima facie cognizable offence - To be examined keeping in view contents of FIR and prima facie material, if any, requiring no proof - At this stage High Court cannot appreciate evidence nor can draw its own inferences from the contents of FIR and material relied on - It is more so when material relied on is..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - FIR disclosing prima facie commission of various cognizable offences - High Court instead of dismissing application in part should dismiss application as a whole to uphold the entire FIR...........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Magistrate has no jurisdiction to order registration of FIR and direct investigation into offences under IPC against petitioner in absence of their being any sanction for prosecution u/s 197 Cr.P.C...........
