Court : Mumbai Aurangabad
Decided on : Jul-12-2011
..... report bearing crime no.i-456/2010, dated 16.12.2010, registered under section 420 r/w/ 34 of indian penal code, registered at pathardi police station, district ahmednagar, be quashed and set aside. after filing present application, interim relief was granted by this court and the prosecution, the subject ..... frivolous or vexatious, in that event there would be no jurisdiction for interference by the high court. when an information is lodged at the police station and an offence is registered, then the mala fides of the informant would be of secondary importance. it is the material collected during the ..... in the first information report and other materials, if any, accompanying the f.i.r. do not disclose a cognizable offence, justifying an investigation by police officers under section 156(1) of the code except under an order of a magistrate within the purview of section 155(2) of the code. ( ..... proceeding against the accused. (6) where there is an express legal bar engrafted in any of the provisions of the code or the act concerned (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in ..... the code or the act concerned, providing efficacious redress for the grievance of the aggrieved party. (7) where a criminal proceeding is manifestly attended with mala fides and .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jul-29-2011
Reported in : (2011)12SCC437
..... the allegations in the first information report and other materials, if any, accompanying the fir do not disclose a cognizable offence, justifying an investigation by police officers under section 156(1) of the code except under an order of a magistrate within the purview of section 155(2) of the code.(3 ..... where, the allegations in the fir do not constitute a cognizable offence but constitute only a non- cognizable offence, no investigation is permitted by a police officer without an order of a magistrate as contemplated under section 155(2) of the code.(5) where the allegations made in the fir or ..... of the process of any court or otherwise to secure the ends of justice. this section was added by the code of criminal procedure (amendment) act of 1923 as the high courts were unable to render complete justice even if in a given case the illegality was palpable and apparent. this section ..... proceeding against the accused.(6) where there is an express legal bar engrafted in any of the provisions of the code or the concerned act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the ..... code or the concerned act, providing efficacious redress for the grievance of the aggrieved party.(7) where a criminal proceeding is manifestly attended with mala fide and/or where .....Tag this Judgment!
Court : Kolkata
Decided on : Jul-29-2011
..... xviii rules for cases arising in the andaman & nicobar islands framed by the court in exercise of the power conferred on it under section 4 of the calcutta high court (extension of jurisdiction) act, 1953 (act no.41 of 1953) 1. in this chapter, unless the context otherwise requires: (a) case includes suit, appeal, application, petition and reference; (b) circuit bench means a ..... time to time may appoint, in order to exercise in respect of cases arising therein the jurisdiction and powers vested in this court by the constitution and the calcutta high court (extension of jurisdiction) act, 1953: provided that such visit shall be made at least once a month unless the chief justice otherwise directs. 3. all cases including applications under articles 226 ..... time to time may appoint, in order to exercise in respect of cases arising therein the jurisdiction and powers vested in this court by the constitution and the calcutta high court (extension of jurisdiction) act, 1953, provided that such visit shall be made at least once a month unless the chief justice otherwise directs. (emphasis supplied by us). thus, a circuit bench ..... 3 of chapter xviii relied upon by the learned counsel for the parties, merely enables the circuit bench to decide the cases by virtue of the provision of calcutta high court (extension of jurisdiction) act, 1953 and the said rule is subject to the provisions contained in rule 4 of the said chapter. 19. we are unable to accept the contention of .....Tag this Judgment!
Court : Chennai
Decided on : Aug-02-2011
..... learned counsel that the impugned order is per see illegal, unsustainable and amounts to delegating the functions of the court to decide the issue are misconceived and hence rejected. the act of appointing a commissioner cannot be termed as one without jurisdiction. .........learned judge ought to have allowed the respondent-petitioner to complete his side of the evidence and then resorted ..... already on record. the trial court had the jurisdiction to decide under what circumstances it can appoint a commissioner. the commissioner so appointed is not performing a judicial act and it is a ministerial act . nothing is left to discretion and there is no occasion to use judgment or adjudicate the issue involved but only noting the details and reporting the actual .....Tag this Judgment!
Court : Delhi
Decided on : Sep-22-2011
..... was made out and for that reason alone, as a matter of extra caution, sanction for lieutenant governor was sought, although it was not required as the accused police officials had acted beyond the scope of their official duty. 16. learned dr. vijendra mahndiyan, advocate appearing for the complainant/additional respondent submits that perusal of the impugned order of learned ..... the deceased upender @ rupender @ kanu jat ran towards the back side of the house with a revolver in his hand and jumped from the window while firing at the police party. the police party, which was holding position in the back side of the house also fired in retaliation and consequently, upender @ rupender @ kanu jat was killed. si vinay tyagi ..... thus:- "and whereas there is nothing on record to prima facie disclose the conspiracy amongst the aforesaid alleged accused police officials to kill the deceased kanu jat. the record, rather, prima-facie discloses that the aforesaid alleged police officials have not acted in any pre- determined manner whatsoever, and the death of the deceased kanu jat was a natural consequence of ..... the retaliatory firing while exercising their right of private defence, that ensure when the team of special staff comprising the aforesaid alleged accused police officials raided the house of the deceased .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Nov-25-2011
Reported in : 2012(1)KLT4(S.N); 2012(1)LW1; 2012(2)SCC196,2012(1)SCJ513,2012(1)CTC741; 2012(2)SCC196; 2012(1)KCCR6(SN); 2012(1)MWN(Civil)434; 2012(2)MLJ595; AIR2012SCW1101
..... inspire confidence as assignment has been made for a consideration of rs. 500/- which is too meager and, as a matter of fact, the bombay police after investigation found that the two assignment deeds dated may 1, 1986 and april 1, 1992 were forged and fabricated. 65. we are not persuaded ..... supervisory jurisdiction. having regard to the facts of the present case, which we have already indicated above, it cannot be said that the trial court acted illegally or with material irregularity or irrationally or in an arbitrary manner in passing the orders dated february 28, 2005 and march 17, 2005. the ..... the courts of civil judicature also have to adhere to the procedure prescribed in the code and where the code is silent about something, the court acts according to justice, equity and good conscience. the discretion conferred upon the court by the code has to be exercised in conformity with settled judicial ..... was an appealable case. he also argued that the documents referred to in the affidavits have not been proved according to the provisions of the evidence act and under order xviii rule 4 of the code. it was, thus, contended by the learned senior counsel that there has been absolutely non-application ..... ors.1, this court stated the principle that one who hears must decide the case. the court said : the second objection is that while the act and the rules framed thereunder impose a duty on the state government to give a personal hearing, the procedure prescribed by the rules impose a duty .....Tag this Judgment!
Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
Decided on : Aug-18-2011
..... .2.2008, and, thus, this tribunal has no jurisdiction to determine the issues arising therefrom having regard to the provisions contained in sections 14 and 14 a of the trai act, 1997. this tribunals jurisdiction is inter alia confined to the disputes between two service providers in relation to the telecom activities of the parties which in view of the ..... losses, the petitioner no.2 would be forced to recover such losses from respondents 1 to 10, as it deems fit. the petitioners contend that the concerned respondents did not act in the interest of the affairs of the petitioner no.1 company and respondents no.2, 5, 6, 9 and 10 have been attempting to take link/feed/connection of ..... is not a case where having regard to the principles contained in order i rule 3 cpc, any right to obtain a relief arises out of the same act or transactions or series of acts or transactions and/or if separate suits were brought against such persons, any common question of law or fact would arise. order ii rule 3 cpc provides ..... s.b. sinha, j. the petitioners herein are companies incorporated and registered under the indian companies act, 1956. respondent no.1 is a partnership firm wherein originally the respondents no.2 to 5 and 7 were partners. the respondents no.6 and 8 to 10, however, joined .....Tag this Judgment!
Court : Chhattisgarh
Decided on : Oct-17-2011
..... it is then contended that from the fir and the statements recorded by the police during investigation, there is no iota of evidence of demand of dowry or any cruelty soon before death or any overt act by the petitioners so as to prima facie make out a case of commission ..... said word. section 139 of the code of criminal procedure of 1861 (act 25 of 1861) passed by the legislative council of india read that `every complaint or information' preferred to an officer in charge of a police station should be reduced into writing which provision was subsequently modified by section ..... 112 of the code of 1872 (act 10 of 1872) which thereafter read that `every complaint' preferred to an officer in charge of a police station shall be reduced in writing. the word `complaint' which occurred in previous two ..... codes of 1861 and 1872 was deleted and in that place the word `information' was used in the codes of 1882 and 1898 which word is now used in sections 154, 155, 157 and 190(c) of the present code of 1973 (act ..... case, appreciating the submission that the offence was alleged to have been committed at patiala, the high court arrived at the conclusion that the police of police station - paschim vihar, new delhi was not having territorial jurisdiction to entertain and investigate the fir lodged therein. the supreme court, holding that .....Tag this Judgment!
Court : Tamil Nadu State Consumer Disputes Redressal Commission SCDRC Chennai
Decided on : May-30-2011
..... , since no case has been made out, against the appellant, on the basis of consideration, or deficiency in service, or on the basis of negligent act also. for these reasons, we conclude the appeal deserves acceptance, to be allowed. 14. in the result, the appeal is allowed, setting aside the ..... recorded in the finding ??moreover, the first opposite party was holding an honorary post and he will not come under the purview of the consumer protection act ? , has rendered an erroneous finding, that the affidavit filed by the electrical contractor, proved the fact that the 1st opposite party also accompanied to ..... , if the 2nd opposite party had committed unfair trade practice, in the sale of goods, he may come within the clutches of the consumer protection act. as per the pleadings, no case was made out, that the complainant availed the service of the 1st opposite party to purchase the goods from the ..... that the 1st opposite party functioned as service provider, though a repeated plea was made in the complaint that the 1st opposite party, acted in collusion with the 2nd opposite party, thereby caused loss to the institution or something like that, for which the remedy available is not under ..... arguments of the appellants, perused the records, and passed the order on merit. 10. the benefits/reliefs given under the consumer protection act, are though in addition to other benefits available under anyother law, for the time being in force, in order to claim the benefits under the .....Tag this Judgment!
Court : Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram
Decided on : Apr-12-2011
..... essential medicines etc. worth more than rs. 1.25 lakhs. the same contained many valuable gift articles also. the loss was immediately reported at the nearest police out post since the ground handling agency m/s. egypt air was found closed. the complainants had to buy the dress materials and other articles afresh. alleging ..... air foundations are operating through out the day in the airport. the complainants have not produced any record as to the complaint alleged by filed before the police. in the absence of the pir the opposite parties had difficulties to arrange for tracing of the missing baggage. the baggage tab was also not handed ..... not disclosed to the opposite parties. they have not made any declaration as to the contents of the baggage vide the provisions in the carriage by air act, 1972. the contention that the baggage contained articles worth more than rs. 1.25 lakhs is disputed. the offer to pay 400 u.s. dollars ..... for quite a long time. also stands not discredited in the cross examination of pw1. it is their case that the police authorities in the nearest station and was not able to understand english and with the help of another person the complainants somehow registered the complaint. the ..... police authorities shouted at them when they asked for acknowledgment and then they left the place. we find that there is nothing to dis .....Tag this Judgment!