Criminal Procedure Code, 1973, Section 408, 409 -- Transfer of case - Powers of Sessions Court - Held, in any criminal revision, where grant of bail was challenged, Sessions Judge could not pass an order of transfer of case...........
Indian Penal Code, 1860, Section 406, 408, Essential Commodities Act, 1955, Section 7 -- Quashing of FIR - Double jeopardy - On the basis of physical verification in 1997 some shortage of stock found - FIR lodged on 25.02.1998 - On the basis of another physical verification conducted on 30.06.1997, prior to lodging of FIR on 25.02.1998, a Second FIR u/s 406, 408 IPC and..........
Criminal Procedure Code, 1973, Section 408 -- Criminal case - Transfer of criminal case - Power of Sessions Judge to transfer a case in same Sessions Division - Held that an interested litigant is entitled to invoke Section 409 of the Code before the Sessions Judge for the purpose of withdrawing or recalling cases including revision and appeals already made over to an..........
Indian Penal Code, 1860, Section 408 -- Criminal breach of trust - Accused received debt amount but did not enter in the account books of Society - Matter referred to Arbitrator and Arbitrator passed the award - Held, merely because an act has 'civil profile' is not enough to stop action on criminal side...........
Criminal Procedure Code, 1973, Section 219, 212, Indian Penal Code, 1860, Section 408, 406 -- Misappropriation of Society funds on eight different dates during a year - Three offences in two challans and two offences in third challan - No illegality - Ss.212 & 219 Cr.P.C. operate in different areas...........
Criminal Procedure Code, 1973, Section 409, 407, 408 -- Transfer of case - Power of Sessions Judge - Where trial of a case of hearing of an appeal has commenced and Addl.Sessions Judge has resigned, died or transferred outside the Sessions Division, Sessions Judge may recall the case for trying it himself or by any other Addl.Sessions Judge...........
Indian Penal Code, 1860, Section 408 -- Credit limit from Bank by hypothecating of stock - Stock sold but amount not paid to Bank - In case of hypothecation of goods ownership of the goods still remains with the person who has hypothecated such goods and they are free to deal with the same and dispose of the same being its owners - No offence is made out...........
Criminal Procedure Code, 1973, Section 438, Penal Code, 1860, Section 379,380,406,408,420,467,471, 120B -- Anticipatory bail - Taking into account the gravity of the offences and the manner in which the crime is alleged to have been committed prosecution has to be afforded an opportunity for custodial interrogation of the petitioner to probe into the matter - No..........
Indian Penal Code, 1860, Section 408, 477A -- Embezzlement - Sale of fertilizer bags - It is for prosecution to prove its case and not for the accused to prove that fertilizer bags were not sold...........
Indian Penal Code, 1860, Section 408, 468, 477A -- Criminal breach of trust - Accused head of purchase section of Company - Charge that he manipulated official records and documents and sold 660 empty barrels and appropriated value thereof - Trial Court convicted accused recording finding of falsification of documents, forging railway receipts and misappropriation of sale..........
