Indian Penal Code, 1860, Section 420, 409, 406 - - Company - Vicarious liability - Complaint against company, its Managing Director, Company Secretary and 4 directors - Summoning order against Managing Director, Company Secretary and four directors quashed as (i) Witnesses examined by complainant did not specifically state as to which of the accused committed breach of..........
Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Will - Alleged to be forged - A criminal complaint is maintainable notwithstanding the fact that appeal against grant of succession certificate is still pending - When there is allegation of forgery it is a criminal act - Order of Courts below holding it a case of civil nature, set aside - Such document ordered to be..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, Criminal Procedure Code, 1973, Section 156(3) -- Will - Alleged to be forged and on the basis of such forged Will, succession certificate procured - Complaint filed - Courts below held it to be a case of civil nature as succession certificate issued by civil court is under challenge before appellate court - Held, a..........
Indian Penal Code, 1860, Section 420 -- Cheating - Where a charge of cheating rests upon a representation which is false and which relates not to an existing fact but to an event that is to occur in future, it must be established by prosecution that representation was false to the knowledge of accused at the time when it was made...........
Indian Penal Code, 1860, Section 420 -- Cheating - Consent given by prosecution, to sexual intercourse with a person with whom she is deeply in love on a promise that he would marry her on a late date, cannot be said to be given under a misconception of fact - However a representation deliberately made by accused with a view to elicit the assent of the victim without..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Agreement to sell - Failure to execute sale deed - For that civil remedy is available - There was no dishonest intention from the very beginning to cheat the complainant or to commit an offence of criminal breach of trust - FIR quashed...........
Indian Penal Code, 1860, Section 420, 467, 468, 471 -- FIR registered under - Petition for quashing FIR on ground that both parties were claiming Hibanama in their favour and civil suits were pending filed by both sides regarding Hibanama - Whether FIR filed when civil suits were pending was liable to be quashed? Yes...........
Indian Penal Code, 1860, Section 406, 420, Negotiable Instruments Act, 1881, Section 138 -- Conviction of accused u/s 138 NI Act - Further prosecution u/ss 406, 420 IPC is barred...........
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 13(1), 13(1)(d), 19, Indian Penal Code, 1860, Section 467, 468, 471, 420 -- Public servant - Sanction for prosecution - Sanction granted u/s 19 of Act of 1988 for offence u/s 13(1) and 13(1)(d) of Prevention of Corruption Act and S.420 IPC - Sanction not granted for offence u/ss 467,..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 120B, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of FIR - (i) Delay in lodging FIR - It is an issue which is to be adjudicated upon by the trial Court; (2) Whether there is direct evidence or circumstantial evidence to prove the existence of offence u/s 120-B IPC is naturally..........
