Showing : 91-100 of 240 Results

SUPREME COURT OF INDIA
Year of decision: 2013
Details
Prevention of Corruption Act, 1988, Section 13(2), Indian Penal Code, 1860, Section 420, 120B-- Special Judge appointed to try offence under Prevention of Corruption Act - Special Judge can try offence under IPC - Persons accused of different offences committed in the course of the same transaction may be charged jointly as per S.223 Cr.P.C...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 420-- Cheating - Agreement to sell - Selling land to someone else - Proceedings quashed by High Court as (a) A copy of the agreement to sell not produced; (b) Details of agreement to sell not given; (c) date of alleged agreement to sell not given; (d) Area of land covered by the agreement or the rate at..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 439, Prevention of Corruption Act, 1988, Section 13(1)(c)(d), 13(2), Indian Penal Code, 1860, Section 120B, 420, 409, 477A-- Bail - Economic offences - Economic offences constitute a class apart and need to be visited with a different approach in the matter of bail - The economic offence having deep rooted conspiracies and involving huge loss of public funds needs to be viewed seriously and considered as grave offences..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 409, 477A, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(c), 13(1)(d)- - Bail in economic offences - Economic offences constitute a class apart and need to be visited with a different approach in the matter of bail - While granting bail, the court has to keep in mind the nature of accusations, the nature of evidence in support thereof, the severity of the punishment..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
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...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
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..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973- - Trial - Offences punishable u/s.408, 420, 467, 468 and 471 of IPC - Case was pending before Magistrate against appellant as on date Amendment Act came into force - Magistrate on receipt of a charge-sheet which tantamount to institution of a case against appellant committed case to Sessions as..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306, 420-- Anticipatory bail - Cancellation - Legality - Appellants aged and rustic - Not influential persons holding high office to put pressure on the investigating agency - Unlikely that police would find it difficult to interrogate them because of anticipatory bail order - No concrete material has been..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 120B, 419, 420, 467, 468, 471, 109, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Criminal Procedure Code, 1973, Section 482-- Wrong legal advice - Criminal liability - Bank disbursing loan to some person on legal advice of Advocate, that proved to be wrong later on - Prosecution of Advocate who was not named in FIR - No material on record to show that accused joined hands with original conspirators for giving false..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 300, Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420,406-- Accused tried for offence u/s 138 of NI Act - Subsequently prosecuted for offence u/ss 406/420 IPC - It is not double jeopardy - Double jeopardy is only when ingredients of the offence in earlier case as well as in the latter case are the same - Test to ascertain whether the two offences are the..........

Showing : 91-100 of 240 Results