Criminal Procedure Code, 1973, Section 439, Maharashtra Control of Organised Crime Act, 1999, Section 21(4), 3(1)(i), (2), (4), 4, Indian Penal Code, 1860, Section 302, 120B -- Grant of bail - Recording of reasons - Held, recording of satisfaction on both the aspects mentioned in clauses (a) and (b) of S.21(4) is sine qua non for granting bail under MCOCA...........
Indian Penal Code, 1860, Section 120B -- Criminal conspiracy - Proof - Held, criminal conspiracy is an agreement to do an illegal act and such an agreement can be proved either by direct evidence or by circumstantial evidence or by both - It is a matter of common experience that direct evidence to prove conspiracy is rarely available - Therefore, the circumstances proved..........
Prevention of Corruption Act, 1988, Section 19, 13(1), 13(2), Indian Penal Code, 1860, Section 419, 420, 465, 468, 471, 120B, Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Declined on three occasions - Subsequently sanction to prosecute granted by Director, Department of Local Govt. Punjab, who was not even the appointing authority and there was..........
Indian Penal Code, 1860, Section 120B, 419, 420, 467, 468, 471, 109, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Criminal Procedure Code, 1973, Section 482 -- Wrong legal advice - Criminal liability - Bank disbursing loan to some person on legal advice of Advocate, that proved to be wrong later on - Prosecution of Advocate who was not named in FIR - No..........
Indian Penal Code, 1860, Section 120A, 120B, 34, 35 -- Criminal Conspiracy - Proof of - Essence of criminal conspiracy is an agreement to do illegal act and such agreement can be proved either by direct evidence or by circumstantial evidence or by both - Circumstances proved before and after occurrence have to be considered to decide about complicity of accused - Offence..........
Criminal Procedure Code, 1973, Section 207, Indian Penal Code, 1860, Section 120B, Prevention of Corruption Act, 1988, Section 7 -- CD tape containing conversation between accused and complainant and others - Prosecution directed to supply the complete transcript version of the CD to the accused - In case prosecution fails to supply the complete transcript version..........
Indian Penal Code, 1860, Section 420, 120B, Criminal Procedure Code, 1973, Section 482 -..........
Indian Penal Code, 1860, Section 467, 468, 471, 120B, 63, 64 -- and 196, Evidence Act, 1872, - Forgery - Memorandum of partition alleged to be forged and fabricated document - Photo copies in absence of non production of original is not admissible in evidence...........
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..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 409, 420, 120B -- Anticipatory bail - Cheating - Number of complainants/investors huge - Amount of their investments considerably rising each and every day - All complainants/investors have been raising hue and cry for having been duped of their hard earned money - Investigating agency pressing..........
