Indian Penal Code, 1860, Section 420, 468, 471 -- Forgery - Appeal against acquittal - Original suit filed for possession by `B' through `A' as attorney - But during the pendency of appeal, B died - Thereafter `A' moved an application for impleading himself as legal representative and the same was allowed - Though it was for limited purpose of deciding the appeal, however,..........
Indian Penal Code, 1860, Section 376, 420, 494 -- Rape - Prosecutrix and accused belong to same area and their families are in social relations with each other - Both are known to each other from last 3 years - Prosecutrix stayed with accused in hotel room with her free volition having raised no hue and cry - Medical report shows no injury on the body of prosecutrix and..........
Indian Penal Code, 1860, Section 420, 406, 467, 468, 471, 417, 166, 167, 218, 120B -- Cheating - Criminal conspiracy - Quashing of proceedings - Allegations made against accused are very generalized insinuations - It is alleged that accused is a part of conspiracy but not an iota of evidence produced in support of same - Similar allegations were made against other accused..........
Indian Penal Code, 1860, Section 420, 406, 120B, Negotiable Instruments Act, 1881, Section 138 -- Offence u/ss 420, 406, 120-B IPC - Quashing of FIR - FIR cannot be quashed merely on the ground that complaint u/s 138 of N.I Act is filed, particularly when police has found material to present challan against petitioner showing his involvement in conspiracy - Petition for..........
Indian Penal Code, 1860, Section 420, 406, 120B, Negotiable Instruments Act, 1881, Section 138 -- FIR u/ss 420, 406, 120-B IPC and complaint u/s 138 of N.I. Act - Where legally enforceable liability is incurred, despite being based on fraud, such liability remains legal and valid against person who had played fraud - In that situation, person would definitely be liable for..........
Indian Penal Code, 1860, Section 420, 406, 467, 468, 471, 120B -- Cheating and forgery - Criminal conspiracy - Quashing of FIRs - Specific allegation against accused that they hatched a conspiracy and got registered sale deed executed in their favour, regarding property which falls in the share of complainant and already partitioned - Prima facie case found against accused..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 417, 420 -- Anticipatory bail - Rape and cheating - Contents of FIR and statement of victim shows that accused lured her, promised to marry and enjoyed her sexually, but for that she could not have consented - It is thus, an offence of rape u/s 375 IPC, as no free consent as contemplated by..........
Indian Penal Code, 1860, Section 420, 406, Criminal Procedure Code, 1973, Section 320, 482 -- Cheating - Compounding of offence - Accused deposited the amount involved in alleged transaction - Complainant has no intention to proceed with prosecution, since he is getting his money - Since alleged offence is compoundable with permission of Court, accused permitted to move..........
Prevention of Corruption Act, 1988, Section 19, 13(2), 13(1)(d), Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 420, 409, 471 -- Sanction for prosecution - Cheating - Misappropriation of funds - Although investigation was conducted by CBI under the orders of High Court and charge sheet was also submitted, but competent authority did not grant..........
Criminal Procedure Code, 1973, Section 439, Punjab Excise Act, 1913, Section 61, Indian Penal Code, 1860, Section 420, 465, 468, 471, Trade Marks Act, 1999, Section 103, 104 -- Bail - Offence u/s 420, 465, 468, 471 IPC, s.61 of Punjab Excise Act and Ss.103, 104 Trademark Act - FSL report has not been received - Offence is triable by Magistrate and only challan has been..........