Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 177 -- Jurisdiction - Demand of dowry made twice at place `K' - Held, Court at place `K' has jurisdiction to try the case...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 201, 120B - - Anticipatory bail - Offence u/ss 420, 406, 201, 120-B IPC - Complaint does not mention name of applicant directly - No direct averment in complaint that it was applicant who received cash - Applicant claims herself to be only an employee of firm without any knowledge of the..........
Indian Penal Code, 1860, Section 420, 406, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Grant of - Petitioners have already joined investigation - They are no longer required for further interrogation - There is no history of their previous involvement in any other criminal case - Since police has not submitted final police report, so, conclusion of..........
Drugs and Cosmetics Act, 1940, Section 27(b)(ii), 27(d), Indian Penal Code, 1860, Section 406, 420, 273, 34 - - Merely by writing Ss.406, 420, 273 & 34 IPC in the FIR, police cannot assume jurisdiction to investigate the case when on the face of allegations made in the FIR the ingredients of those offences are not attracted - FIR and investigation by police are without..........
Indian Penal Code, 1860, Section 420, 406, 409 -- Breach of trust or cheating - Both are civil wrong and a criminal offence - Where the act alleged predominantly is a civil wrong, such an act does not constitute a criminal offence...........
Indian Penal Code, 1860, Section 420, 409, 406 - - Company - Vicarious liability - Complaint against company, its Managing Director, Company Secretary and 4 directors - Summoning order against Managing Director, Company Secretary and four directors quashed as (i) Witnesses examined by complainant did not specifically state as to which of the accused committed breach of..........
Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 482, 320 -- Parties compromised in an offence u/ss 498-A, 406 IPC - Petition for quashing of proceedings is different than a petition for compounding of non compoundable offence - S.320 Cr.P.C. does not limit or affect the powers of High Court u/s 482 Cr.P.C. - High Court can quash criminal..........
Indian Penal Code, 1860, Section 406, 498A -- Cognizance - Propriety - Parties living separately since 1994 - No allegation of entrustment of valuables - None of the acts complained fall within definition of cruelty - Order taking cognizance set aside...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 406 -- Dishonour of cheque - Acquittal - Appeal against acquittal could be brought in only by way of filing application for special leave to appeal in High Court u/s 378 Cr.P.C and not in Sessions Court - Judgment of acquittal in a complainant case can only be assailed by way of filing..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 467 -- Quashing of FIR - Offence of forgery & criminal breach of trust - Averments in report u/s.173 CrPC that petitioner was a tenant of "A" with a right to sublet premises - Held, if petitioner has lawfully inducted a sub-tenant/tenants and had appropriated rent received by her, there..........
