Indian Penal Code, 1860, Section 409, 477A -- Company - Company charged with offence u/ss 409, 477 IPC - Proceedings quashed by High Court on the ground that company could not be prosecuted for offences which require imposition of a mandatory term of imprisonment coupled with fine - Order of High Court set aside - Held, company can be prosecuted even in a case where Court..........
Indian Penal Code, 1860, Section 409 -- Criminal breach of trust - Return of amount misappropriated by public servant - Does not absolve him of the offence u/s 409 IPC...........
Criminal Procedure Code, 1973, Section 239, Indian Penal Code, 1860, Section 409, 468, 477A, 120B, Prevention of Corruption Act, 1988, Section 1391)(d), 13(2) -- Land acquired for establishing University - Accused filled earth in a most perfunctory and irregularly manner and he obtained a pecuniary advantage of Rs.59.51 lacs - Petitioner discharged as : (a) Allegation..........
Indian Penal Code, 1860, Section 409, West Bengal Co-operative Societies Act, 1983, Section 23, 2(31), 8, West Bengal Criminal Law Amendment (Special Courts) Act, 1949, Section 4, Criminal Procedure Code, 1973, Section 197 -- Co-operative society - Secretary of - Public servant - Held, Secretary of co-operative society is not a public servant as contemplated in S.197 of..........
Indian Penal Code, 1860, Section 409, West Bengal Co-operative Societies Act, 1983, Section 23, 2(31), 8, West Bengal Criminal Law Amendment (Special Courts) Act, 1949, Section 4 -- Co-operative society - Secretary of - Public servant - Sanction for prosecution - Held, Secretary of Co-operative society can not be tried by Special Court in view of West Bengal Criminal Law..........
Indian Penal Code, 1860, Section 409, 120B, Prevention of Corruption Act, 1947, Section 5 -- Award of construction work at a very high and exorbitant rate with special conditions - From the prosecution evidence it was established that accused A-1, A-3 and A-6 committed the offence by (a) awarding works at a very and exorbitant rate with special conditions having heavy..........
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 405, 406, 409 -- Accused Chairman of Maharashtra State Electricity Board (MSEB) - Respondent company entered into contract with MSEB for execution of work - Respondent company deposited Rs 5, 00, 000 with MSEB as security - Dispute having arisen, MSEB adjusted Rs.5, 00, 000/- against dues payable by respondent company - Respondent company..........
Indian Penal Code, 1860, Section 405, 406, 409, 34 -- Accused Chairman of Maharashtra State Electricity Board (MSEB) - Respondent company entered into contract with MSEB for execution of work - Respondent company deposited Rs 5, 00, 000/- with MSEB as security - Dispute having arisen, MSEB adjusted Rs.5, 00, 000/- against dues payable by respondent company - Respondent..........
Indian Penal Code, 1860, Section 409, 467, 468, 419, 420 -- Embezzlement of public money - Diversion of GPF money to wrongfully appointees - Act of giving appointments to employees who may not be entitled to employment under the statutory provisions, only on the strength of some interim or final orders of the Court, and then making payments to them from the GPF money of..........
