Showing : 91-100 of 230 Results

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..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 420,406,161-- Public servant - Sanction for prosecution - Accused summoned u/ss 420, 406 & 161 IPC - Held, sanction for prosecution for these offence not required - Trial to proceed as per the summoning order...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 471, 468, Criminal Procedure Code, 1973, Section 439-- Bail - Factors to be considered while granting bail - Held, at the stage of granting bail, a detailed examination of evidence and elaborate documentation of merits of case need not be undertaken but reasons be indicated why bail was being granted - Court granting bail has to consider, among other..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 420, 415, 423, Criminal Procedure Code, 1973, Section 179-- Cheating - Territorial Jurisdiction - Agreement to sell goods entered in India - Goods were to be supplied in Dubai - Seller faithfully performed its obligation - Purchaser/accused dishonestly avoided payment - Criminal complaint instituted in India - Held, jurisdiction vest with competent Court..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 420, 415-- Cheating - Criminal and Civil proceedings - Remedies available to a party deprived of his property by way of cheating - Held, party can maintain civil suit for recovery of property and criminal action for act of cheating etc. - Monetary consideration cannot be claimed in criminal proceedings - For..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 439, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Indian Penal Code, 1860, Section 420B, 468, 471, 109-- Bail - Offence u/ss 13(2), 13(1)(d) Prevention of Corruption Act and Ss.420-B, 468, 471 & 109 IPC - Economic offence of huge magnitude - Investigation completed and charge sheet filed - No serious allegation that accused if released on bail would interfere with the trial or tamper with evidence -..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 420-- Dispute arising out of a contract - Essential ingredients of offence u/s 420 IPC of dishonest intention to deceive another person not seen or even inferred from the complaint - Entire dispute pertains to contractual obligations between the parties - Since the very ingredients of S.420 IPC not..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 420-- Company - Vicarious liability of officers of company - Concept of `vicarious liability' is unknown to criminal law - In absence of specific allegations against officers of the company, no person other than company can be prosecuted...........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 120B, 121, 121A, 186, 353, 302, 468, 471, 474, 420, Arms Act, 1959, Section 25, Explosive Substances Act, 1908, Section 4, Foreigners Act, 1946, Section 14-- Militant attack on Lal Quila - Appellant was responsible for incident of shooting inside Lal Quila (Red Fort) which resulted in death of three soldiers of Army - Incident was result of well planned conspiracy between appellant and some other militants including deceased Abu Shamal who was killed..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 120B, 121, 121A, 186, 353, 302, 468, 471, 474, 420, Arms Act, 1959, Section 25, Explosive Substances Act, 1908, Section 4, Foreigners Act, 1946, Section 14-- Militant attack on Lal Quila - Criminal conspiracy - Proof - Held, once prosecution proves that there was meeting of minds between two persons to commit crime, there would be an emergence of conspiracy - Fact that barely within minutes of attack, BBC correspondents in Srinagar and Delhi were..........

Showing : 91-100 of 230 Results