Indian Penal Code, 1860, Section 406 -- Offence u/s 406 IPC - Mere breach of a promise, agreement or contract does not, ipso facto, constitute the offence of criminal breach of trust contained in S.405 IPC without there being a clear case of entrustment...........
Indian Penal Code, 1860, Section 406 -- Offence u/s 406 IPC - Loan for consideration of interest - There is no question of entrustment as such there is no criminal breach of trust - FIR and proceedings arising therefrom quashed...........
Indian Penal Code, 1860, Section 406, Dowry Prohibition Act, 1961, Section 6 -- Stridhan - Non-return of Stridhan - Complaint by father - Locus standi - Father has no right when daughter is alive, well, and entirely capable of making decisions such as pursuing the cause of recovery of her stridhan - Moreover, action was initiated for securing possession of articles and..........
Indian Penal Code, 1860, Section 406, Dowry Prohibition Act, 1961, Section 6 -- Stridhan - Non-return of Stridhan - Complaint by father - There is no iota of proof on record to show that father had entrusted the stridhan of his daughter to appellants which allegedly was illegally kept by them - Nothing on record to substantiate that appellants converted the stridhan..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2), 406, 506 -- Bail - Rape - Accused involved in four cases pertaining to Negotiable Instruments Act and also involved in three other FIRs but he is on bail in all other cases - Pendency of these criminal cases against accused cannot be construed as a ground sufficient by itself to deny..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2), 406, 506 -- Bail - Rape - Accused has suffered incarceration for about 3 months and 28 days - Total 18 PWs have been cited and culmination of trial will take its own time - Accused involved in four cases pertaining to Negotiable Instruments Act and also involved in three other FIRs but he..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 420, 406, 467, 468, 471 -- Cancellation of anticipatory bail - Cheating - Forged documents - Veracity and authenticity of documents alleged to be forged were to be ascertained by I.O. - Charges were framed against accused - Custodial interrogation of accused not required - Anticipatory bail..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 384, 389, 406, 120B, 34 -- Quashing of FIR - Cheating - Aspect about complicity of a person who was involved in the forgery is a disputed question of fact and the same will have to be addressed after a proper appreciation of evidence which can be done only during trial and not at such a..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 406, 420, 120B, Rajasthan Public Examination (Prevention of Unfair Means) Act, 1992, Section 4, 6 -- Bail - Leakage of REET question paper - Case at the stage of framing of charge - Accused in custody for more than a year - No likelihood of conclusion of trial within a short time - Bail granted...........
Indian Penal Code, 1860, Section 498A, 406, 504, 34, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Cruelty - Specific and categoric roles are attributed to each accused independently and collectively - Sole aim of accused appears to be to extort money from complainant and her parents, as even after driving her out of matrimonial home, they have..........
