Indian Penal Code, 1860, Section 408, 468, 471, 477A -- Offence u/ss 408, 468, 471, 477-A IPC - Reduction of sentence - Accused is aged about 54 years and was affected by cancer and various ailments - Main accused forged the documents and accused colluded with him - But, there is no evidence for recovery of amount - Accused already paid fine amount imposed by trial Court -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 413, 408, 406, 411, 120B, Information Technology Act, 2000, Section 43, 66, 66B, 66D -- Bail - Cheating - No specific allegation against petitioner - Petitioner has no criminal history - Keeping in view the nature of evidence, period of detention already undergone, unlikelihood of early..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 408, 409, 120B, Prevention of Corruption Act, 1988, Section 13(2) -- Anticipatory bail - Cheating - Petitioner is joining and co-operating investigation - He is not in a position to tamper with prosecution evidence nor in a position to flee from justice, as he is permanent resident of..........
Prevention of Corruption Act, 1988, Section 19, 13(1)(c), 13(2), Indian Penal Code, 1860, Section 465, 467, 468, 471, 201, 408, 120B -- Sanction for prosecution - Offence u/ss 13(1)(c), 13(2) of PC Act and Ss.465, 467, 468, 471, 201, 408, 120-B IPC - Acts done in discharge of official duty - Can only be decided when evidence is led - At the initial stage it need not to be..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 406, 408, 420, 387 -- Bail - Offence u/ss 406, 408, 420, 387 IPC - Simply because some of the co-accused are required to be arrested is no ground to deny the concession of bail...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 406, 408, 420, 387 -- Bail - Offence u/ss 406, 408, 420, 387 IPC - Guilt of accused can only be determined during trial - Even though challan has been filed but conclusion of trial is likely to take some time - Moreover, accused persons are behind bars for more than 4 months and their further..........
Companies Act, 2013, Section 408, 410, Insolvency and Bankruptcy Code, 2016, Section 60 -- NCLT - Power of judicial review - NCLT being a creature of a special statute to discharge certain specific functions, cannot be elevated to the status of a superior Court having the power of judicial review over administrative action...........
Civil Procedure Code, 1908, Section 9, Companies Act, 2013, Section 408, 410, Insolvency and Bankruptcy Code, 2016, Section 60 -- NCLT - Is not a civil Court which has jurisdiction by virtue of S.9 CPC to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred - Therefore, NCLT can exercise only such powers within..........
Companies Act, 2013, Section 408, 410, Insolvency and Bankruptcy Code, 2016, Section 60 -- Wherever the corporate debtor has to exercise a right that falls outside the purview of IBC, 2016 especially in the realm of the public law, they cannot, through resolution professional, take a bypass and go before NCLT for the enforcement of such a right...........
Companies Act, 2013, Section 408, 410, Insolvency and Bankruptcy Code, 2016, Section 60, 61, 65(1) -- Alleagtion of fraud - Power of NCLT - NCLT has jurisdiction to enquire into allegations of fraud...........
