when the impugned FIR is nothing but an abuse of process of law and to harass the appellants-accused, we are of the opinion that the High Court ought to have exercised the powers under Article 226 of the Constitution of India / 482 Cr.P.C. and ought to have quashed the impugned FIR to secure the … Read more
Section 151 CPC – plaintiff withholding of documents or material information – dismissal of suit – It is correct that while considering the rejection of a plaint the averments made in the written statement cannot be seen but that principle may not be applicable in the case of a summary dismissal of a suit … Read more
clever drafting creating illusions of cause of action are not permitted in law and a clear right to sue should be shown in the plaint. Similarly the Court must see that the bar in law of the suit is not camouflaged by devious and clever drafting of the plaint. Moreover,the provisions of Order VII Rue … Read more
For considering dissolution of marriage at the instance of a spouse who allege mental cruelty, the result of such mental cruelty must be such that it is not possible to continue with the matrimonial relationship. In other words, the wronged party can not be expected to condone such conduct and continue to live with his/her … Read more
Holding peaceful processions, raising slogans, would not be and cannot be an offence under India’s Constitution. ANALYSIS AND REASONING: 9.The FIR nowhere mentions the role of the petitioner. Even if this Court presumes the petitioner present at the spot, it would still not lead to an automatic inference of her acting with a common object … Read more
The Court’s orders have to be implemented / complied in letter and spirit. If the officials are unable to do that, they are unfit to hold the post that too, in a disciplined force, like police force. As per the order of this Court, when the Advocate Commissioner went to inspect the property to note … Read more
Toolkit Case – Citizens are conscience keepers of government in any democratic Nation. They can not be put behind the bars simply because they choose to disagree with the State policies. The offence of sedition cannot be invoked to minister to the wounded vanity of the governments. It is claimed that applicant accused created … Read more
It is clear that the person (Director/Managing Director/Joint Director/other officers and employees) of company can not be prosecuted under Section 138 of N.I. Act unless the company is impleaded as an accused. THE HIGH COURT OF MADHYA PRADESH PRINCIPAL SEAT AT JABALPUR Bench : HON’BLE SHRI JUSTICE RAJENDRA KUMAR SRIVASTAVA M.Cr.C No.735/2020 Bhupendra Suryawanshi VS. … Read more
