Indian Penal Code, 1860, Section 406, 498A, 506 -- Cruelty in connection with dowry demand and misappropriation of dowry articles - Proof - Maternal Uncle in no way can be held as beneficiary of demand of dowry as he was not residing in matrimonial home of parties - As per compromise deed it has been proved that husband and wife have taken away all articles from..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 406, 34 -- Anticipatory bail - Offences u/ss 498-A, 406 & 34 IPC - Settlement between parties - Parties arrived at settlement for a comprehensive settlement of an amount of Rs.6 lacs - Joint petition for divorce by mutual consent shall be filed within two weeks - Amount settled to be paid at..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 406, 466, 467, 471, 120B -- Anticipatory bail - Offence u/ss 406, 466, 467, 471, 120-B IPC - Petitioners by deliberate concealment of material facts and narration of wrong facts to complainant, induced the complainant to part with the hefty amount of Rs.25 crores - Prima facie case for proceeding..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406 -- Quashing of FIR - During enquiry a lot of material has been collected by investigating agency and on basis of enquiry report, FIR was registered - Another FIR was also registered for stealing rice, machinery and account books of mill - Petitioner was arrested - Held, no case is made..........
Indian Penal Code, 1860, Section 498A, 406, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Divorce by mutual consent - Criminal proceedings initiated before grant of divorce - After grant of divorce no further dispute survived between parties, though it was not so expressly recorded in the order - No liberty was reserved by wife to continue further proceedings against..........
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), Indian Penal Code, 1860, Section 406, 409, 420, 120B -- Prosecution of a public servant under Prevention of Corruption Act and offences under IPC - Exoneration in departmental proceedings on same charges - Does not ipso facto lead to acquittal of accused in the criminal trial...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 423, 424, 34 -- Anticipatory bail - Offence u/ss 420, 406, 423, 424 & 34 - Dispute is purely a business transaction - Whether there was any dishonest intention to cheat the complainant remains to be seen only when parties adduce oral and documentary evidence - Disputed questions of fact..........
Indian Penal Code, 1860, Section 420, 406 -- Cheating - Contractual allegations - A distinction has to been kept in mind between mere breach of contract and the offence of cheating - It depends upon intention of accused at the time of the inducement - Subsequent conduct is not the sole test - Mere breach of contract cannot give rise to criminal prosecution for cheating..........
Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - Prosecution must prove : (i) that the accused was entrusted with property or with dominion over it and (ii) that he (a) misappropriated it, or (b) converted it to his own use, or (c) used it, or (d) disposed of it - The gist of the offence is misappropriation done in a dishonest manner - There are two..........
Indian Penal Code, 1860, Section 406, 420 -- Criminal breach of trust & cheating - Non-payment of bill amount pertaining to contract between parties does not amount to criminal breach of trust - Moreover, there are no allegations as to cheating or dishonest intention of appellants in retaining money in order to have wrongful gain to themselves or causing wrongful loss to..........
