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..........
Indian Penal Code, 1860, Section 406, 420, 120B, Criminal Procedure Code, 1973, Section 482 -- Criminal breach of trust - Cheating - Conspiracy - Quashing of proceedings - FIR does not constitute offence of cheating - At the same time, in absence of any dishonest intention, the case of criminal breach of trust is also not made out - Rather the case appears to be a mere..........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Pleadings - False and irrelevant pleas - Duty of Court in such cases - (i) To uphold truth and do justice; (ii) Dishonest and unscrupulous litigants have no place in law courts; (iii) Once the Court discovers falsehood, concealment, distortion, obstruction or confusion in pleadings and documents, Court should in addition to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Mens rea - In prosecution u/s 138 N.I. Act, mens rea i.e. fraudulent or dishonest intention at the time of issuance of cheque is not required to be proved...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 406, 420, Criminal Procedure Code, 1973, Section 482 -- - Dishonour of cheque - Cheating - Quashing of complaint - From testimony of complainant and that of bank official it is prima facie seen that though petitioner was not partner of firm, but he had so represented and executed receipts and..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - Ordinarily Court must not refuse bona fide, legitimate, honest and necessary amendments and should never permit mala fide and dishonest amendments - Normally amendments are allowed in the pleadings to avoid multiplicity of litigations...........
Equity -- There can be no equity in favour of a dishonest person...........
Haryana Ceiling on Lands Holdings Act, 1972, Section 18(6) -- Permissible area - Retaining of by fraudulent means - Power of State - Whether exceptional remedy provided u/s 18(6) of the Act can be availed by State without first exhausting the remedy of appeal u/s 18(1) and of revision provided u/s 18(4) of the Act - Held, there may be a case where landowners may have..........
Registration Act, 1908, Section 81,82 -- of Registration Act if all the essential ingredients contained therein are complete and not otherwise - A person can be prosecuted under the provisions of ,Ss. 81 and 82 - Allegation of selling sale by co-sharer of specific khasra numbers and in the sale deed it was mentioned that no civil suit is pending nor there is stay from the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso Plaint and counter - Amendment - Due diligence - Scope and effect of proviso - Commencement of trial - Held, application for amendment of pleadings can be entertained even after commencement of trial - It must be shown by party that inspite of due diligence he could not raise matter of amendment before commencement of..........
