Showing : 61-70 of 109 Results

DELHI HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 467-- Quashing of FIR - Offence of forgery & criminal breach of trust - Averments in report u/s.173 CrPC that petitioner was a tenant of "A" with a right to sublet premises - Held, if petitioner has lawfully inducted a sub-tenant/tenants and had appropriated rent received by her, there cannot be any..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 405, 406, 415, Criminal Procedure Code, 1973, Section 482-- Criminal breach of trust - Cheating - Quashing of proceedings - Petitioner-rice millers cannot seek quashing only on the ground that they have entered into an agreement with one or other procuring agencies or that no, delivery, shortage of delivery or delivery of poor quality of rice by them gives..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 405, 406, 415-- Criminal breach of trust - Cheating - If dispute has arisen from breach of contract for which a civil remedy was available and availed of, the remedy under criminal law is not barred if the allegations were of a criminal offence and the offence alleged in the complaint is prima facie made out...........
GUJARAT HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 420-- Quashing of FIR at initial stage - Criminal breach of trust and cheating - Held, when investigation is in progress Court would not be justified in concluding that there is no material to allow investigation process to continue and/or to quash FIR at this stage and thereby to foreclose..........
MADRAS HIGH COURT
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 406-- Criminal breach of trust - Retention of certificates of teacher by management - Teacher resigned during middle of the academic year and failed to pay three months salary as agreed - Management retained certificates of teacher - Non payment of three months salary by teacher as he resigned in the..........
JHARKHAND HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 406, 420, 120B, 482- - Dishonour of cheque - Cheating & criminal breach of trust - Quashing of entire criminal proceedings - None of ingredients required to constitute offence u/s.405 of IPC attracted even if entire allegations are accepted to be true - Necessary pleadings with respect to submission, that statutory..........
JHARKHAND HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 142, 420, 482- - Dishonour of cheques - Cheating & criminal breach of trust - Quashing of - First element of deception constituting an offence of cheating is lacking as nowhere allegations made in complaint do indicate about complainant being deceived by petitioner in any manner - None of ingredients required to..........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 406, 420, Criminal Procedure Code, 1973, Section 200, 202-- Breach of contract/cheating/criminal breach of trust - There is very thin difference between a case of breach of contract and a case of cheating/criminal breach of trust - A mere breach of contract is not, necessarily cheating - A mere refusal to repay money or carry on the firm with together is..........
JHARKHAND HIGH COURT
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 406, 420, 120B, Criminal Procedure Code, 1973, Section 482-- Criminal breach of trust - Cheating - Conspiracy - Quashing of proceedings - FIR does not constitute offence of cheating - At the same time, in absence of any dishonest intention, the case of criminal breach of trust is also not made out - Rather the case appears to be a mere breach of contract -..........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 406, 34, Employee's Fund and Miscellaneous Provision Act, 1952, Section 2(e), 14A, Employee's State Insurance Act, 1948, Section 2(17)-- Criminal breach of trust - Non payment of employee's contribution and employers' contribution towards provident Fund and Family Pension Fund payable by the company - Employer - Definition - Employer not include directors and launching of prosecution against directors of establishment is bad in law..........

Showing : 61-70 of 109 Results