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SUPREME COURT OF INDIA

Year of decision: 2006
Details

Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 420, 467 -- Complaint - Summoning order - Quashing of - Complaint cannot be quashed on the ground of mala fides - Question of mala fide has to be decided on the facts of the case...........

RAJASTHAN HIGH COURT

Year of decision: 2006
Details

Indian Penal Code, 1860, Section 498A, 406 -- Jurisdiction - Cruelty - Demand of dowry - All acts of cruelty committed at Gwalior - Not a single act of cruelty committed at Jaipur - Dowry articles given by the family of complainant lying at Gwalior - Refusal to deliver the Stridhan made at Gwalior - Court at Jaipur has no jurisdiction - Order of cognizance, set aside...........

ALLAHABAD HIGH COURT

Year of decision: 2005
Details

Indian Penal Code, 1860, Section 406 -- Breach of trust and criminal breach of trust - There is a thinner line in between the two - Such a thinner line is nothing but mens rea - Without mens rea a breach of trust may not result in criminal breach of trust...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2005
Details

Indian Penal Code, 1860, Section 406 -- Criminal breath of trust - Pendency of arbitration proceedings as per arbitration clause in agreement - Not a bar for initiation of criminal proceedings...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2005
Details

Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - Necessary ingredients are : (i) Entrusting a person with property or with any dominion over the said property, (ii) the person entrusted (a) dishonestly misappropriates or converts the property to his own use or (b) dishonestly uses or disposes of that property or willfully suffers any other person so to do..........

PATNA HIGH COURT

Year of decision: 2005
Details

Indian Penal Code, 1860, Section 406, 420, 120B, Negotiable Instruments Act, 1881, Section 138 -- Loan money - Cheque issued for return of loan - Petitioner alleged to have persuaded complainant to give loan in question to accused No.1 and loan so given misappropriated by accused No.1 - Nothing stated against petitioner - Proceedings against petitioner quashed...........

RAJASTHAN HIGH COURT

Year of decision: 2005
Details

Indian Penal Code, 1860, Section 406, 498A, Criminal Procedure Code, 1973, Section 397, 401 -- No allegation as to entrustment of stridhan or dowry articles and no allegation as to refusal to return the same - No allegation that any particular dowry article was ever demanded by petitioner - Offence u/s 406, 498-A IPC not made out even if allegations in complaint are taken..........

SUPREME COURT OF INDIA

Year of decision: 2005
Details

Criminal Procedure Code, 1973, Section 406 -- Criminal case - Transfer from one State to another - If there is reasonable apprehension on the part of a party to a case that justice may not be done, he may seek transfer of the case - The apprehension entertained by the party must be a reasonable one and the case cannot be transferred on a mere allegation that there is..........

SUPREME COURT OF INDIA

Year of decision: 2005
Details

Criminal Procedure Code, 1973, Section 406, 277 -- Criminal case - Transfer from one State to another - While directing transfer of a criminal case the language spoken by the witnesses assumes great importance as translation of deposition of a witness apart from being a difficult job, often does not carry the same sense which the witness wants to convey...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2005
Details

Indian Penal Code, 1860, Section 406, 420, Criminal Procedure Code, 1973, Section 482 -- Agreement to sell - Earnest money paid - Breach of contract - Accused not returning earnest money - Cannot be termed as 'misappropriation' within the meaning of S.405 of IPC - For cheating dishonest intention must arise at the inception of the transaction - FIR not disclosing any facts..........

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