PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 468, 471, 120B-- Pre-arrest bail - Offence u/ss 420, 468, 471 & 120-B IPC - Accused by adopting dubious means transferring property in the name of co-accused who was further trying to sell the property - Estate Officer in connivance with petitioner issued `No objection certificate' - Held, role of petitioner is..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 321, Indian Penal Code, 1860, Section 420, 463, 468, 471-- Case registered against an MLA, on the allegation that he misappropriated funds to the tune of Rs.4.23 lacs by fabricating medical re-imbursement bills - Application for withdrawal of case made by public prosecutor on the direction of the govt. - Held, State did not act in public interest but in..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Indian Penal Code, 1860, Section 420, 406-- Breach of contract - Every breach of contract does not give rise to an offence of cheating - Breach of contract amounts to cheating only when there was any deception at the very inception - If intention to cheat developed later on the same cannot amount to cheating...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 409, 420, 471-- Accused one of persons who conspired and cheated bank and misappropriated crores of rupees - FIR registered u/ss 409, 420, 467, 471 against accused and others - Accused granted bail by High Court after he had remained in custody for 8 months subject to his deposit of Rs.2384 lacs - Appeal against..........
RAJASTHAN HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, 120B, Criminal Procedure Code, 1973, Section 482-- Quashing of FIR - FIR lodged for offences u/ss 420 and 120-B of IPC - No element of cheating or entering into criminal conspiracy - If at all any offence is committed, it is the offence u/s 138 of Negotiable Instruments Act and not the offences u/ss 420 & 120-B IPC - Allowing the FIR to continue..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 300(4), Indian Penal Code, 1860, Section 406, 420, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x)-- Complaint for offence u/ss 406, 420 IPC and S.3(1)(x) and (xi) referred to police for investigation u/s 156(3) Cr.P.C. - Police had earlier filed charge sheet qua the same occurrence for offence u/s 498-A IPC and advised complainant to seek his remedy under SCST Act separately in law - Legal right..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Indian Penal Code, 1860, Section 406, 420, 120B, Criminal Procedure Code, 1973, Section 482, 177-- Offence u/ss 406, 420 r/w S.120-B IPC - Quashing - Appointment of appellant's company as C&F Agent of respondent's company - Agreement entered into at Patna - Letter of appointment delivered in Patna - Part of cause of action prima facie appearing to have arisen at Patna - Magistrate at Patna has..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Indian Penal Code, 1860, Section 420-- Ingredients of S.420 IPC are : (i) Deception of any persons; (ii) Fraudulently or dishonestly inducing any person to deliver any property; or (iii) To consent that any person shall retain any property and finally intentionally inducing that person to do or omit to do anything which he would not do..........
RAJASTHAN HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 406, 420-- Bail - Offence u/ss.406, 420 IPC - Accused an illiterate person and could only put signatures - Taking advantage of that, an agreement to sale of land prepared at the instance of the complainant - Accused not possessing any plot - Signatures were put only for the purpose of obtaining loan through..........
PATNA HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 205-- Exemption from personal appearance - Grant of - Nature of allegations, conduct of accused, inconvenience of personal appearance are relevant considerations for deciding the question of exemption from personal appearance - Two petitioners figure as accused for offence u/ss 409, 420, 468, 471 and..........