Criminal Procedure Code, 1973, Section 482, Mines and Minerals (Regulation and Development) Act, 1957, Section 21, Indian Penal Code, 1860, Section 467, 420 -- Quashing of order sought vide which cognizance of offence taken u/s 21 of MMDR Act, 1957 and u/s 420 and 467 of IPC - Allegations that challan earlier issued by Mining Department for transportation of iron ore were..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, Copyright Act, 1957, Section 63 -- Pre-charge evidence - Closing of - Petitioner was given 14 opportunities for producing pre-charge evidence - He has failed to produce any pre-charge evidence - Held, when enough opportunities were given to petitioner and he has not been able to produce..........
Negotiable Instruments Act, 1881, Section 138, 141(2), Indian Penal Code, 1860, Section 420 -- Dishonor of cheque issued by a company - Prosecution of managing director and others - Petitioners sought quashing of complaint alleging that they were neither directors nor partners nor employees of the company - Not a whisper in the complaint that petitioners were responsible..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 120B, 409, 420, 423, 424, 465, 7, 10, 11, 13(2) - - Bail - Grant of - Applicant is a sitting Minister - He has sufficient property - Likelihood of his absconding is scarce - He is a man of sixty years and has a frail health as described in bail application which is not specifically disputed by..........
Indian Penal Code, 1860, Section 415, 420, 34 -- Cheating - mens rea - Accused a branch manager of bank allegedly caused wrongful loss to bank in granting advances to firm - No evidence to prove dishonest intention of accused to obtain any illegal gratification from concerned firm - Ingredients of fraudulent and dishonest intentions on the part of accused not proved beyond..........
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..........
Indian Penal Code, 1860, Section 191, 182, 209, 420, Criminal Procedure Code, 1973, Section 482 -- Respondent and petitioner, husband and wife - Petitioner got a criminal case registered against respondent u/ss 498-A, 406 and 506(ii) IPC - Respondent also filed a petition for divorce - Respondent filed private complaint u/ss 191, 182, 209 and 420 IPC against petitioner,..........
Indian Penal Code, 1860, Section 406, 420 -- Cheating and criminal breach of trust - There must be fraudulent or dishonest intention on the part of accused at the beginning of the transaction - If fraudulent or dishonest intention becomes after the initial transaction then liability of accused would be of civil nature and criminal prosecution is not maintainable with..........
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..........
