Indian Penal Code, 1860, Section 420, 406 -- Cheating - Criminal breach of trust - One single transaction cannot constitute cheating as well as criminal breach of trust, but it can be either cheating or criminal breach of trust...........
Indian Penal Code, 1860, Section 420, 406 -- Cheating - Criminal breach of trust - When prosecution alleges criminal breach of trust as well as cheating and dishonestly inducing delivery of property for one single act of accused, charges become mutually destructive...........
Indian Penal Code, 1860, Section 420, 406 -- Cheating - Criminal breach of trust - Complaint and charge sheet pertain to three different transactions each constituting a separate offence alleged to have been committed by petitioner, with two of them pertaining to offence u/s 406 IPC and the other pertaining to S.420 IPC - Charges rightly framed...........
Probation of Offenders Act, 1958, Section 3, 4, Criminal Procedure Code, 1973, Section 360, 361, Indian Penal Code, 1860, Section 440 -- Benefit of probation - Offence u/s 440 IPC - Appellants were convicted for maximum period of six months u/s 440 IPC - Therefore, benefit of probation could have been given - But, while awarding sentence said aspect was not considered -..........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Fire insurance - Contract of fire insurance is a contract to indemnify Insured against loss by fire - In order to determine whether in a particular case loss is caused by fire following rules generally apply : (i) There must be an actual fire, hence mere heating or fermentation will not be sufficient to render..........
Indian Penal Code, 1860, Section 302 -- Murder - Dying declaration - Deceased stated that appellant, her aunt-in-law, set her ablaze - Doctor stated that deceased was conscious and was in a position to speak at the time of making declaration - Medical Certificate of deceased states that whole body and clothing having kerosene smelling had burns about 100% - Panchnama,..........
Service -- Compassionate appointment - Father of respondent No.2 would be deemed to have died a civil death upon expiry of 7 years from the date he went missing i.e. 1.9.2019 - Despite having gone missing employee was treated to be in continuous service and he duly retired on 31.1.2015 - Family members were paid all retiral dues and have also been receiving monthly pension..........
Indian Penal Code, 1860, Section 366, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Kidnapping and sexual assault - Quashing of proceedings - Marriage between victim and appellant got solemnized during pendency of appeal before High Court - Victim herself expressed her desire to live a peaceful and stable family life with appellant, upon whom she is..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Right to lead complainant's evidence closed - Complainant seeking her recall for her further cross-examination - Complainant had been neither diligent nor serious about leading her evidence - Matter remained pending for recording complainant's evidence from..........
Indian Penal Code, 1860, Section 302, 149, 307 -- Offence u/ss 302, 149, 307 IPC - Conviction - Accused stood armed with sharp edged deadly weapons committed the murder of `B' and `D', while in order to achieve their common intention, they had also inflicted such injuries on the physical person of `BA' knowing fully well that had `BA' died on account of the said injuries..........
