Criminal Procedure Code, 1973, Section 181(4), 179, Indian Penal Code, 1860, Section 498A, 406 -- Jurisdiction - Return of Stridhan at the place of present residence - Court at the place of present residence has jurisdiction where consequence of alleged torture ensued though the Stridhan property was retained at another place...........
Indian Penal Code, 1860, Section 498A, 406 -- Compounding of offence - Wife got an FIR lodged u/ss 498-A and 406 IPC - Parties sorted their differences under settlement which was the result of free will and volition without there being undue influence or coercion - Held, no useful purpose will be served by proceeding further with the FIR and the proceedings arising..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 498A -- Quashing of FIR - Offence u/ss 406, 498A IPC - Since the dispute between parties have been amicably settled by respected persons and relatives in interest of harmonious relations between parties - FIR quashed...........
Indian Penal Code, 1860, Section 406, 420 -- Cheating and criminal breach of trust - There must be fraudulent or dishonest intention on the part of accused at the beginning of the transaction - If fraudulent or dishonest intention becomes after the initial transaction then liability of accused would be of civil nature and criminal prosecution is not maintainable with..........
Indian Penal Code, 1860, Section 498A, 406, 34, Criminal Procedure Code, 1973, Section 177 -- Offence u/ss 498-A, 406 read with S.34 IPC - Territorial jurisdiction - Offence of cruelty is not a continuing offence - Offence is triable by Magistrate having territorial jurisdiction of area wherein cruelty is alleged to have been committed and not at the place wherein..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 120B, 201, 406, 420 -- Second bail application - Offence u/ss 120-B, 201, 406 and 420 IPC - No material to connect petitioner for commission of offence u/ss 420 & 406 IPC - Petitioner not named in the FIR and nobody has made allegation for booking and receipt of money by him - Keeping in view the..........
Criminal Procedure Code, 1973, Section 202(1), Indian Penal Code, 1860, Section 498A, 307, 406 -- Quashing of complaint and summoning order - Complaint filed at Kapurthala Court u/ss 498A, 307 and 406 of IPC - Accused residing at Bhawanigarh tehsil which was beyond the jurisdiction of concerned Magistrate - Magistrate issued summoning orders without complying mandatory..........
Criminal Procedure Code, 1973, Section 202(1), Indian Penal Code, 1860, Section 498A, 307, 406 -- Summoning order issued in a private complaint without complying provisions of S.210 of the CrPC - FIR lodged on the same facts and investigation pending - Held, it was incumbent upon the Magistrate to stay the proceedings in the complaint case and to await or call for the..........
Indian Penal Code, 1860, Section 405, 406, 409 -- Accused Chairman of Maharashtra State Electricity Board (MSEB) - Respondent company entered into contract with MSEB for execution of work - Respondent company deposited Rs 5, 00, 000 with MSEB as security - Dispute having arisen, MSEB adjusted Rs.5, 00, 000/- against dues payable by respondent company - Respondent company..........
Indian Penal Code, 1860, Section 405, 406, 409, 34 -- Accused Chairman of Maharashtra State Electricity Board (MSEB) - Respondent company entered into contract with MSEB for execution of work - Respondent company deposited Rs 5, 00, 000/- with MSEB as security - Dispute having arisen, MSEB adjusted Rs.5, 00, 000/- against dues payable by respondent company - Respondent..........
