Indian Penal Code, 1860, Section 406, 419, 420, 120B, Criminal Procedure Code, 1973, Section 202, 203, 204, 482 -- Oral agreement to sell - Taking place in 2002 but payments made in 2000 - Self contradictory - No offence made out even if allegations made in complaint are accepted to be true and correct - Complaint and order taking cognizance quashed...........
Prevention of Corruption Act, 1988, Section 13(2), 13(1)(c), Indian Penal Code, 1860, Section 409, 471, 477A, 120B -- Fee clerk depositing lesser amount with cashier by forging carbon copy of the receipt - Internal Auditor connived with fee clerk - Amount entrusted to fee clerk as public servant was dishonestly or fraudulently misappropriated duly proved - Conviction of..........
Criminal Procedure Code, 1973, Section 406, Indian Penal Code, 1860, Section 363A, 366, 120B -- Transfer of case - Marriage against wish of parents - Girl stating that she of her own free will and consent accompanied petitioner and married him, without informing anyone in her family in Punjab and reached Assam - Kazi issued marriage certificate - Petitioners apprehended..........
Indian Penal Code, 1860, Section 409, 120B -- Prevention of Corruption Act, 1988, Section 13(1)(c) and 13(2) - Framing of charge - Matter between the accused-contractor and Corporation finally decided by the Civil Court - As against other two accused who are employees of Corporation and public servant, after regular enquiry, penalty of recovery of the amount stated to be..........
Indian Penal Code, 1860, Section 120B -- Criminal conspiracy - Meeting of mind between conspirators has to be proved by direct or circumstantial evidence - Though conspiracy is always hatched in secrecy still prosecution must prove some physical manifestation of agreement although it may not be necessary to prove actual meeting of two persons or the words by which the two..........
Indian Penal Code, 1860, Section 120B, 406, 420, 467, 498A -- Territorial jurisdiction - Alleged acts of cruelty, criminal breach of trust committed at Delhi - None of the acts alleged to have been committed at Ajmer - Court at Ajmer has no territorial jurisdiction to try the case...........
Indian Penal Code, 1860, Section 420, 120B -- Sale of land - Land of complainant sold by accused claiming himself to be the owner of land - Accused identifying vendor as owner of land - Accused are guilty of cheating - Cognizance rightly taken by Magistrate - Order of Sessions Judge quashing cognizance set aside...........
Indian Penal Code, 1860, Section 120B -- Conspiracy - There can be no charge of conspiracy without the aid of a substantive offence...........
Indian Penal Code, 1860, Section 120B, 420, 471, 468, Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Conviction u/ss 420, 468, 471 IPC - Accused a public servant - Conviction suspended during pendency of appeal...........
Indian Penal Code, 1860, Section 406, 420, 120B, Negotiable Instruments Act, 1881, Section 138 -- Loan money - Cheque issued for return of loan - Petitioner alleged to have persuaded complainant to give loan in question to accused No.1 and loan so given misappropriated by accused No.1 - Nothing stated against petitioner - Proceedings against petitioner quashed...........
