Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 465, 467, 461, 406, 411, 420, 506, 120B, 34, Prevention of Money Laundering Act, 2002, Section 4 -- Bail - Offence u/ss 465, 467, 461, 406, 411, 420, 506, 120-B, 34 IPC & S.4 Prevention of Money Laundering Act, 2002 - Economic offences constitute a class apart and need to be visited with a..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 465, 467, 461, 406, 411, 420, 506, 120B, 34, Prevention of Money Laundering Act, 2002, Section 4 -- Bail - Offence u/ss 465, 467, 461, 406, 411, 420, 506, 120-B, 34 IPC & S.4 Prevention of Money Laundering Act, 2002 - Second bail application - Plea that charge sheet has been filed - Collection of..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 201, 120B - - Anticipatory bail - Offence u/ss 420, 406, 201, 120-B IPC - Complaint does not mention name of applicant directly - No direct averment in complaint that it was applicant who received cash - Applicant claims herself to be only an employee of firm without any knowledge of the..........
Indian Penal Code, 1860, Section 420, 406, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Grant of - Petitioners have already joined investigation - They are no longer required for further interrogation - There is no history of their previous involvement in any other criminal case - Since police has not submitted final police report, so, conclusion of..........
Drugs and Cosmetics Act, 1940, Section 27(b)(ii), 27(d), Indian Penal Code, 1860, Section 406, 420, 273, 34 - - Merely by writing Ss.406, 420, 273 & 34 IPC in the FIR, police cannot assume jurisdiction to investigate the case when on the face of allegations made in the FIR the ingredients of those offences are not attracted - FIR and investigation by police are without..........
Indian Penal Code, 1860, Section 420, 406, 409 -- Breach of trust or cheating - Both are civil wrong and a criminal offence - Where the act alleged predominantly is a civil wrong, such an act does not constitute a criminal offence...........
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 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 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..........
Indian Penal Code, 1860, Section 420, 406, 120B -- Offence u/ss 420, 406, 120-B IPC - Complainant convicted u/s 138 NI Act - Complainant alleging misuse of the same very cheque - Such a frivolous prosecution cannot be permitted to be continued - Order taking cognizance quashed...........
