Criminal Procedure Code, 1973, Section 482 -- Order declaring proclaimed offender - Quashing of - Held, petitioner who is proclaimed offender and who has not submitted to jurisdiction of Court cannot invoke inherent jurisdiction of High Court u/s 482 Cr.P.C. - Petition dismissed...........
Criminal Procedure Code, 1973, Section 482, 320 -- Non-compoundable offences - Quashing of proceedings - Exercise of inherent powers - No due certificate issued by respective banking authorities would go to show that the balances, which were due to respective banks were paid and settled by way of one time settlement scheme and hence second respondent bank has also stated..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - Scope and jurisdiction of High Court - Held, scope and jurisdiction for quashing a complaint, as envisaged under Section 482 Cr.P.C. is not res integra - The power under this Section has to be exercised with great care and caution and on sound principle - These powers are not to be exercised to stifle..........
Civil Procedure Code, 1908, Order 40, Rule 1, 2, 3, 4 -- Appointment of Receiver - Loss caused by Receiver - Power of Court - Held, Court is very well equipped with ample jurisdiction to exercise its penal powers to make good the loss caused by Receiver due to failure to discharge his duties or by occasion of loss to property by willful default or gross negligence...........
Civil Procedure Code, 1908, Order 23, Rule 3-A -- Compromise decree - Passed by Revenue Court - Challenged to be fraudulent - Can be challenged in civil Court - O.23.R.3-A CPC does not bar the institution of a suit before the civil court in regard to decrees or orders passed in suit and/or proceedings under different statutes before a Court, tribunal or authority of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Territorial jurisdiction - Transaction between parties took place at Delhi - Cheques in question were issued at Delhi - They were deposited for encashment in bank at Delhi and that drawee bank of petitioner was stated to be at Delhi - Held, Delhi Court apparently had territorial jurisdiction..........
Practice and Procedure -- Illegal and improper order - Enforceability of - Held, if an authority, who has jurisdiction, passes an order which is improper or illegal, same cannot be treated as void - It remains enforceable until it is set at naught in an appropriate proceeding by an appropriate authority...........
Civil case and criminal prosecution -- Jurisdiction of civil and criminal Courts is entirely different and distinct from each other - The matter of cheating, misappropriation and removal of documents, falls within the domain of criminal Court and the decision of civil Court, with regard to the genuineness of the Will, would not debar the prosecution to prosecute the..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of criminal prosecution - Inherent jurisdiction of High Court - In case, on the bare reading, the offences are made therefrom, no order can be made for quashment of criminal prosecution - Such criminal prosecution at the initial stage can be quashed in the rarest of rare cases, only if it is proved that the same was..........
Legal Services Authorities Act, 1987, Section 19 -- Cognizance by Permanent Lok Adalat - Any matter falling within jurisdiction and not brought before any Court for which Lok Adalat is recognized - Can be taken into cognizance by Permanent Lok Adalat...........
