Indian Penal Code, 1860, Section 419, 420, 465, 468, 471, 406, 409, Constitution of India, 1950, Article 226 -- Matter of illegal payments to no, existent schools - Accounts opened in the name of no, existent persons and fictitious withdrawal of amount of minority scholarship - Investigation by investigating agency is determinative of complicity of alleged offender -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 419, 467, 468 -- Quashing of criminal proceeding - Only question in to be decided in the matter is that whether in two sale deeds executed in favour of informant, the property is situated in plot No.64/4 or in plot No.66/1/2 - Held, this may be decided only by civil Court regarding which a..........
Indian Penal Code, 1860, Section 419, 420, 468, Criminal Procedure Code, 1973, Section 482 -- Cheating and forgery - Quashing of criminal proceedings - Application u/s 156(3) - Registration of case - Case is at the stage of investigation and charge-sheet has not yet been filed - Criminal case and a civil suit have arisen out of the same fact over same property - Held,..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 419, 420, 467, 468, 471, 409, 506 -- Bail applications - Rejection of - Validity - Applicants were President, Secretary and Treasure of Housing Society - Land was sold by applicants without any proper authority - Land was sold as if land was private property of applicant "S" and not property of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 419, 420, 471 -- Bail - Offences punishable u/ss 419 and 471 are bailable - Charges are to be framed and prosecution evidence to be taken - Further proceedings of trial stayed by High Court - Accused detained for about 15 months at present u/ss 419, 420, 471 IPC providing maximum punishment up to..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 419, 420, 467, 468, 471 -- Compromise - Offence u/ss 419, 420, 467, 468 & 471 IPC - Charges except u/ss 419 & 420 IPC compounded by Magistrate - No dispute now survives - Complainant also does not want to proceed in any manner further - Criminal proceedings quashed...........
Indian Penal Code, 1860, Section 419, 420, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482 -- Quashing of prosecution - Factors to be considered - Held, prosecution cannot be quashed by looking into the defence of accused which has to be pleaded at the appropriate stage by them - For scuttling prosecution at it's inception and nipping it into the bud, case..........
Chartered Accounts Act, 1949, Section 24, 24A, 25, 26, 28, Indian Penal Code, 1860, Section 419, 468, 471 -- Accused passed examination of Chartered Accountant but not registered with Institute of Chartered Accountants, and could not legally function as Chartered Accountant - Accused however functioned as Chartered Accountant which constituted offence u/ss 24-A, 25 and 26..........
General Clauses Act, 1897, Section 26, Constitution of India, 1950, Article 20(2), Criminal Procedure Code, 1973, Section 300, Indian Penal Code, 1860, Section 419, 420, 120B -- Double jeopardy - Accused secured passport in India after furnishing fake particular and gained entry into Portugal with the aid of fake passport - Accused arrested, prosecuted, convicted and..........
General Clauses Act, 1897, Section 26, Constitution of India, 1950, Article 20(2), Criminal Procedure Code, 1973, Section 300, Indian Penal Code, 1860, Section 419, 420, 120B -- Double jeopardy - Article 20(2) of the Constitution of India prohibits second conviction for the same offence - If the offences are distinct or same set of facts constitute two different offences..........
