Showing : 1-10 of 55 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 417, 418, 420, 422, 120(B), 34, Criminal Procedure Code, 1973, Section 482-- Cheating and criminal conspiracy - Contract of civil nature - If there is element of cheating and fraud it is always open for a party in a contract to prosecute the other side for the offences alleged - Order quashing complaint, set aside...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 417, 418, 420, 422, 120(B), 34, Criminal Procedure Code, 1973, Section 482-- Cheating and criminal conspiracy - Element of cheating and fraud - Mere filing of suit or complaint u/s 138 N.I. Act by itself not a ground to quash the proceedings - Order quashing complaint, set aside...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 417, 418, 420, 422, 120(B), 34, Criminal Procedure Code, 1973, Section 482-- Cheating and criminal conspiracy - Contract of civil nature - Novation of contract - Whether there is novation of contract or not and the effect of such entering into contract is a matter which is to be considered after trial but not at the stage of considering application u/s 482 Cr.P.C. - Order..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 376, 417, 504, 506(2)-- Rape - False pretext of marriage - Allegations in FIR do not on their face indicate that promise by accused was false or that prosecutrix engaged in sexual relations on basis of this promise - No allegation in FIR that when accused promised to marry prosecutrix, it was done in bad faith or with..........
CALCUTTA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 420, 417, 376-- Discharge - Cheating - Rape - False promise of marriage - Prosecutrix is a married woman and mother of a daughter, gave consent for physical relation with accused on promise and assurance to marry her and due to such promise she gave kulla talaque to her erstwhile husband to marry accused - Even..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 417-- Cheating - Prosecution has established by evidence of PW1 that accused induced her to have sexual intercourse with him by falsely promising her that he will marry her - Accused rightly convicted u/s 417 IPC...........
CALCUTTA HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 376, 417, 419-- Rape - False promise of marriage - Love affair between parties - Promise to marry by cousin brother - Prosecutrix must be in full knowledge of fact that such marriage would never occur - Prosecution failed to substantiate charges levelled against accused beyond reasonable shadow of doubt - Accused..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 420, 406, 467, 468, 471, 417, 166, 167, 218, 120B-- Cheating - Criminal conspiracy - Quashing of proceedings - Allegations made against accused are very generalized insinuations - It is alleged that accused is a part of conspiracy but not an iota of evidence produced in support of same - Similar allegations were made against other accused but they..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 417, 420-- Anticipatory bail - Rape and cheating - Contents of FIR and statement of victim shows that accused lured her, promised to marry and enjoyed her sexually, but for that she could not have consented - It is thus, an offence of rape u/s 375 IPC, as no free consent as contemplated by S.39 IPC is there..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 109, 420, 201, 120B, 417, 467, 468, 477A, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2)(d)-- Sanction for prosecution - Offence u/ss 109, 420, 201, 120-B, 417, 467, 468, 477-A IPC and Ss.13(1)(d), 13(2)(d) of P.C Act - Prosecution failed to take sanction to prosecute applicant prior to filing of charge sheet - Even trial Court proceeded to take cognizance on said charge sheet - More so,..........

Showing : 1-10 of 55 Results