Constitution of India, 1950, Article 226, 227, Land Acquisition Act, 1894, Section 4, 6 -- Locus standi to challenge acquisition proceedings - Notification u/s 4 & 6 for acquiring land - Petitioner purchase land after notification u/s 4 - Writ for quashing notifications - Sale of land after issuance of notification u/s 4 an encumbrance by owner - Sale void against state -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summoning order - Quashing of - Plea that goods were rejected and complainant was not entitled to get the cheque encashed - Summoning order cannot be quashed on this ground - Plea is available at the time of defence...........
Constitution of India, 1950, Article 226, 227, Land Acquisition Act, 1894, Section 4, 6 -- Acquisition of land - Scope of interference in writ jurisdiction - Writ for quashing notifications u/s 4 & 6 of the Act - Notifications challenged on the ground that petitioners purchased land for constructing a hospital for public welfare - Power to acquire land under the Act vests..........
Constitution of India, 1950, Article 226, 227 -- Vague writ petition - Auction of shops on lease by Municipal Council - Writ of certiorari for quashing auction proceedings on account of violation of provisions of Punjab Municipal Act, Rules framed thereunder and principles of natural justice - Auction notice not placed on record - Relevant rules govering auction and their..........
Criminal Procedure Code, 1973, Section 482 -- Complaint and summoning order - Quashing - Allegations made in a complaint if taken at the face value and accepted in its entirety, do not constitute prima facie an offence or make out a case against the accused then Court is well within its powers to quash the complaint...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of complaint - Whether there is any enforceable debt, whether accused gave the cheque for discharge of such debt and whether there was any material alteration in the cheque are the questions to be considered during the course of trial - Complaint not to be quashed on these grounds...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 464, 423, 420, 34 -- FIR - Quashing of - Sale of land to daughter by General Power of Attorney holder inspite of specific notice of revocation of Attorney - Complaint cannot be quashed by holding that it is a matter of civil dispute when it prima facie discloses ingredients of offence complained...........
Criminal Procedure Code, 1973, Section 482 -- FIR - Quashing of - FIR and consequent investigation cannot be quashed unless there is no offence spelt out from the same - FIR has to be taken on its face value and then it is to be examined as to whether it spells out the offences complained of - Merits of allegations or testing the veracity of allegations is not permissible..........
Criminal Procedure Code, 1973, Section 167(5), 482 -- Charge sheet filed during pendency of the petition for quashing - FIR can be quashed even if charge sheet has been filed during pendency of the petition...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - In proceedings u/s 482 of Cr.P.C. High Court is not to go into the truthfulness of the allegations - Once a complaint discloses the commission of an offence, the veracity of the allegations is not to be tested in proceedings u/s 482..........
