Showing : 61-70 of 105 Results

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, 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..........
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..........
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..........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 62, 71, Indian Penal Code, 1860, Section 406, 34-- Criminal Breach of trust - Conviction - Legality of - Offence purely of technical nature - Amount involved also not very huge and later on paid within very short time - Petitioners or other accused not in any manner contributed for delay - Magistrate passed orders without application of mind and..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 406, 420-- Criminal breach of trust, cheating, mis-appropriation - Arbitration clause in agreement - Not a ground to quash the charges framed against the accused - Jurisdiction of criminal Courts and arbitral tribunals are entirely different and distinct...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 406, 420, Criminal Procedure Code, 1973, Section 468, 472-- Criminal breach of trust, cheating, mis-appropriation - Continuing offence - Item entrusted not returned till date - Offence is continuing one - A fresh period of limitation begins to start at every moment of the time, during which, the offence, continues as envisaged u/s 472 Cr.P.C. - Question of..........

Showing : 61-70 of 105 Results