Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - Cheques were entrusted with accused in terms of collective decision taken by General Body of Union - No case of prosecution that said cheques were dishonestly misappropriated by accused contrary to terms of an obligation imposed - Cheques were seized by police and same has been produced before Magistrate -..........
Indian Penal Code, 1860, Section 504 -- Offence u/s 504 IPC - Allegation that on the relevant date and time, accused intentionally insulted complainant to provoke his breach of peach - However, on perusal of charge sheet at column No.17, I.O. has not stated about the ingredients of S.504 of IPC - Proceedings quashed...........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Theft of vehicle - Incident of theft on 26.06 and FIR registered on 27.06 - Intimation given to Insurance Company on 02.07 - There was thus no breach of Condition No.1 of policy...........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Repudiation - Theft of vehicle - FIR was registered after the incident of theft and intimation was also given to insurance company - There was thus, no breach of condition No.1 - However, since driver of vehicle was negligent in leaving vehicle unattended with the key in the ignition, there is breach of..........
Indian Penal Code, 1860, Section 376 -- Rape - Distinction between "mere breach of promise" and "giving a false promise to marry" - Only a false promise to marry made with an intention to deceive a woman would vitiate the woman's consent being obtained under misconception of fact, but mere breach of promise cannot be said to be a false promise...........
Indian Penal Code, 1860, Section 376(2)(N), 506, 34 -- Rape - Prosecutrix was in physical relationship with accused for a long period - She herself went with accused to a house where incident occurred - It cannot be said that her consent was obtained by misconception of fact - At the most, it can be said to be a breach of promise to marry - Moreover, near about more than..........
Prevention of Corruption Act, 1988, Section 13(1)(c) -- Offence u/s 13(1)(c) of the Act - Ingredients of criminal breach of trust and misappropriation have to be proved by prosecution for establishing offence u/s 13(1)(c) of the Act...........
Indian Penal Code, 1860, Section 417 -- Cheating - Breach of promise to marriage - Complainant is already married and having a child - If she is already married, there can be no question of cheating on the breach of promise of marriage - Offence u/s 417 IPC cannot be laid against accused...........
Rent and eviction -- Sub-letting - Tenant assigned his business in the leased premises in favour of sub-tenant by executing assignment agreement and also received earnest money - Very act of execution of document was sufficient in itself to complete breach of lease condition and statutory mandate and did not require anything further - Breach being complete on his part..........
Indian Penal Code, 1860, Section 420 -- Cheating - Deception is essence of offence of cheating - Mere breach of contract is not criminal, unless it was at the same time dishonest and was manifested by some overt act...........
