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PUNJAB AND HARYANA HIGH COURT

Year of decision: 2006
Details

Indian Penal Code, 1860, Section 406, Criminal Procedure Code, 1973, Section 184 (4), 191(4) -- Misappropriation of dowry articles - Territorial jurisdiction - After being turned out of matrimonial home, complainant was staying at Faridabad - FIR lodged under section 406 IPC at Faridabad - Faridabad Court had jurisdiction to deal with the matter - Offence of criminal..........

JAMMU AND KASHMIR HIGH COURT

Year of decision: 2006
Details

Indian Penal Code, 1860, Section 406, 420 -- Bank loan - Failure to repay loan subsequently - To constitute offence of cheating it is to be shown that there was fraudulent or dishonest intention from the very beginning - Mere failure to repay loan amount subsequently cannot be said that there was dishonest intention from the very beginning - Complaint quashed...........

JAMMU AND KASHMIR HIGH COURT

Year of decision: 2006
Details

Indian Penal Code, 1860, Section 406, 418, 420, Criminal Procedure Code, 1973, Section 177 -- Bank loan - Failure to pay - Offence of cheating - Jurisdiction - Bank sanctioned loan at Delhi and accused availed the same at Delhi - Demand to repay loan made at Delhi - Thus entire transaction took place at Delhi - It is Court at Delhi and not at Srinagar which has..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2006
Details

Criminal Procedure Code, 1973, Section S.439, Indian Penal Code, 1860, Section 304B, 498A, 406 -- Bail - Offence u/ss 304-B/498-A/406/34 IPC - Accused behind bars for the last two years and eleven months - Prosecution failed to conclude its evidence for almost three years - Reports not revealed any poison - Bail allowed...........

DELHI HIGH COURT

Year of decision: 2006
Details

Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 498A, 406 -- Cancellation of bail - Stands entirely on different footing from an application for release on bail - Considerations are entirely different - Unless the situation such as tampering with the evidence, threatening the witnesses, misusing the liberty granted etc. are made out, bail..........

BOMBAY HIGH COURT

Year of decision: 2006
Details

Indian Penal Code, 1860, Section 406, 420 -- Criminal breach of trust and cheating - Require mens rea - Cannot be committed by a juristic person...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2006
Details

Indian Penal Code, 1860, Section 420, 406, Criminal Procedure Code, 1973, Section 482 -- Agreement to sell - Land sold to someone else - No offence of cheating - Culpable intention at the beginning, when promise was made, cannot be presumed when there is failure to keep up promise subsequently - FIR is an abuse of process of law - FIR and all proceedings taken thereunder..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2006
Details

Indian Penal Code, 1860, Section S.406, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Dispute of civil nature - Paddy given for de-husking and the same not returned after de-husking - Arbitration clause in agreement that in case there is a dispute between parties the matter would be referred to Arbitrator - Dispute is of civil nature - FIR quashed...........

ALLAHABAD HIGH COURT

Year of decision: 2006
Details

Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 504, 506 -- Quashing of proceedings - Matrimonial offence - Wife filed complaint under Sections 406, 504 and 506 IPC against husband and in-laws - Husband filed divorce petition in Family Court - Parties compromised matter in Family Court and agreed to dissolution of marriage - Husband agreed..........

SUPREME COURT OF INDIA

Year of decision: 2006
Details

Indian Penal Code, 1860, Section 406, 419, 420, 120B, Criminal Procedure Code, 1973, Section 202, 203, 204, 482 -- Oral agreement to sell - Taking place in 2002 but payments made in 2000 - Self contradictory - No offence made out even if allegations made in complaint are accepted to be true and correct - Complaint and order taking cognizance quashed...........

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