Indian Penal Code, 1860, Section 417 -- Cheating - Allegation that accused cheated deceased by not marrying her despite promising to do so - However, accused and deceased had secretly married and deceased wanted their marriage to be solemnized as per Hindu rites and customs - Accused had made arrangements for such marriage but for some reason same did not happen - No..........
Plot allotment -- Cancellation - Requirement of lease determination by Chief Executive Officer - Arises only when there is any violation of the terms of lease - If condition precedent for grant of lease itself was fraudulent then cancellation of lease was not required to be preceded by permission of Chief Executive Officer - Moreover Chief Executive Officer has granted..........
Real Estate (Regulation and Development) Act, 2016 -- Scope - (i) Regulation 9 of the Regulations of 2017 is not ultra vires the Act or is otherwise not invalid; (ii) The delegation of powers in the single member of RERA to decide complaints filed under the Act even otherwise flows from Section 81 of the Act and such delegation can be made in absence of Regulation 9 also;..........
Negotiable Instruments Act, 1881, Section 4, 78, 8 -- Kisan Vikas Patras (KVPs) issued by Post Office - Fraudulent encashment by agent with connivance with employee of post office - Post office/bank can be held, liable for fraud or wrongs committed by its employees...........
Negotiable Instruments Act, 1881, Section 4, 78, 8 -- Kisan Vikas Patras (KVPs) issued by Post Office - Fraudulent encashment - KVPs is in the name of appellants - Payments made to `R' who not being a holder is not a valid discharge u/s 78, r/w S.8 of the Act - Respondents as maker of KVPs have not discharged the liability in terms of S.78 of the Act, as payment to `R' was..........
Companies Act, 2013, Section 271(c) -- Order of Winding up of company - Appeal against - In instant case, company was incorporated with a fraudulent motive to collude and connive with the officials of respondent to get bandwidth from it by entering into an agreement in 2005, which was subsequently cancelled by the Government - These findings are actually borne out by..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Suit for permanent injunction - Defendant admitted that he is residing in same property with plaintiff and after a lapse of 7-8 years he has filed an application U.O.7.R.11 CPC alleging that plaintiff has played fraud terming lease deed to be sale deed - However, it cannot be said that averment made..........
Indian Penal Code, 1860, Section 420, 405 -- Cheating - Breach of contract - Mere breach of contract cannot give rise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of transaction, that is the time when offence is said to have been committed...........
Service -- Fraudulent appointments - Termination - 38 workmen secured appointment through fraudulent process in connivance with a Dealing Assistant and Personnel Manager - Departmental action was taken by appellants/Management against these two delinquent employees - Moreover, contradictory stand of workmen at different stage would suggest that they were conscious and..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 419, 418, 405, 467, 468, 471, 474, 120B, 34 -- Anticipatory bail - Cheating - Fraudulent misappropriation of funds - Serious allegations against accused of fraudulent misappropriation of amounts intended to be paid by company to farmers affected by work of road widening being undertaken by..........
