Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 464, 466, 468, 469, 471, 166A, 120B -- Anticipatory bail - Cheating - Accused is a witness in a bribery case against complainant and he has already been interrogated by I.O on several occasions - One of I.O already granted clean chit to him - Without expressing any opinion on merits of case,..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 506 -- Illegal encroachment and land grabbing - Civil suit pending regarding registration as well as before Revenue Court regarding mutation - Till adjudication of civil suit and revenue proceedings, summoning of accused cannot be ordered - Summoning order set aside - Matter remitted for decision afresh...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Quashing of proceedings - Cheating - Compromise - Parties have settled their dispute amicably - Complainant does not want to press charges levelled against accused - There is no possibility of accused being convicted in the case pending against him - No useful purpose..........
Indian Penal Code, 1860, Section 420, 406, 34 -- Cheating - Criminal breach of trust - Offence by company - Vicarious liability - When company is offender, vicarious liability of directors cannot be imputed automatically, in absence of any statutory provision to that effect...........
Indian Penal Code, 1860, Section 420, 406, 34, Criminal Procedure Code, 1973, Section 482 -- Cheating - Criminal breach of trust - Offence by company - Vicarious liability - There is no vicarious liability in criminal law upon directors of a company, when offence is committed by company - A director of a company can be made an accused along with company only if there is..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 120B, Prevention of Corruption Act, 1988, Section 8, 13(2), 13(1)(d) -- Bail - Cheating - Allegation against appellant is that he has aided illegal transactions being Finance Minister to co-accused, who is his son - However, complicity of appellant will have to be established in trial -..........
Indian Penal Code, 1860, Section 420, 467, 470, 471 -- Cheating - Quashing of FIR - Dispute relates to claim of title of land - Allegation that accused forged documents i.e MOU and SPA with fraudulent motive to transfer property belonging to respondent company - Ex facie allegations do not disclose commission of a criminal offence - Company if required and necessary can..........
Indian Penal Code, 1860, Section 420, 419, 467, 468, 471, 506, 201, 120B, Criminal Procedure Code, 1973, Section 197, 482 -- Cheating - Quashing of proceedings - Applicant Principal of Primary Education Institution - Allegation that applicant helped father of accused of a rape case by changing date of birth in transfer certificate of minor victim - As regarding sanction..........
Criminal Procedure Code, 1973, Section 154, 482, Indian Penal Code, 1860, Section 420, 468, 467, 471 -- Quashing of second FIR - Offence u/ss 420, 468, 467, 471 IPC - Both FIRs lodged against same accused in respect of same incident of same occurrence - Though complainant in both the FIRs is different person of same department who have lodged FIR on behalf of such..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 379, 406, 420, 120B -- Bail - Offence u/ss 379, 406, 420, 120-B IPC - FIR outcome of a monetary dispute between parties - Petitioner has no concern with Sharma Agro wherein machinery was alleged to have been concealed - Petitioner is in custody for over 5 months and out of 13 witnesses only one..........
