Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Offence under - Bail - Petitioner registered owner of truck and had given it to co-accused on hire basis - Co-accused admitted to bail - Without expression opinion on merits, bail granted...........
Criminal Procedure Code, 1973, Section 256, 302, Indian Penal Code, 1860, Section 406, 420 -- Complaint u/ss 406, 420 IPC - Death of complainant during pendency of complaint - Open to sons of complainant to apply for continuation of proceedings...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 464, 423, 420, 34 -- FIR - Quashing of - Sale of land to daughter by General Power of Attorney holder inspite of specific notice of revocation of Attorney - Complaint cannot be quashed by holding that it is a matter of civil dispute when it prima facie discloses ingredients of offence complained...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420 -- Accused borrowed money and issued two cheques - Two options were available to complainant to either get the cheques encashed or in the alternative to get plot of 100 square yards - Subsequent to the bouncing of cheques complainant did not avail of second option - Held, as there was..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420 -- Dishonour of cheque - Post dated cheque - Initiation of proceedings u/s 138 of the Act - Initiation of separate proceedings u/s 420 IPC for the offence of cheating is maintainable as it does not amount to double jeopardy...........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 34 -- Forged power of attorney by accused No.1 in collaboration with accused No.5 - On that basis sale deed executed in favour of accused Nos.2 to 4 - Involvement of accused No.1 in murder of owner of land not in dispute - Accused No.1, who turned approver named only accused No.2 in his statement but not accused Nos.3 &..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Bail - Name of accused not mentioned in FIR - Investigation complete and challan filed - Trial likely to be protracted as the prosecution has cited 21 witnesses - Bail allowed...........
Indian Penal Code, 1860, Section 420, 471, 120B, 466 -- Admission in Medical College on basis of forged mark sheet - Conviction - Notice restricted to quantum of sentence - Both appellants had been in jail for 70 days and appellant No.2 was 81 years of age, a retired Engineer having suffered cardiac arrest once - Appellant No.1 had undergone two open heart surgeries -..........
Criminal Procedure Code, 1973, Section 173(2), 173(8), Indian Penal Code, 1860, Section 420, 466, 467, 471 -- Investigation - Withdrawal of cancellation report - Police thoroughly investigated the entire matter and submitted cancellation report - Later, police sought withdrawal of cancellation report which cannot be permitted - Police can seek permission of Court to make..........
Indian Penal Code, 1860, Section 420 -- Breach of contract - Amounts to cheating only if intention to cheat existed at the very inception - If such intention developed later on the same do not amount to cheating and in such an event the remedy available is to file a civil suit...........
