Indian Penal Code, 1860, Section 420, 406 -- Breach of contract - Only gives a civil remedy to the party to enforce the terms of the contract - In order to attract a criminal offence ingredients of offence have to be disclosed and merely by mentioning that breach has been committed with malafide intention cannot constitute an offence...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 406, 468, 420 -- Bail - Second application - While rejecting the previous bail application filed by petitioner, High Court has categorically come to the conclusion that there is a prima face case, reasonable apprehension of tampering with prosecution witnesses as well chance of absconding of..........
Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 177 -- Territorial jurisdiction - Marriage took place between parties at Delhi - Cruelty to wife took place at Delhi - Wife left the matrimonial home and started living at Mohali - Anandpur Sahib Court would have no jurisdiction to try the present case - Only Delhi Courts can try the present..........
Indian Penal Code, 1860, Section 420, 406, 120B, Criminal Procedure Code, 1973, Section 482 -- Agreement to sell - Neither sale deed executed nor earnest money refunded - Limitation to file civil suit expired - Complaint filed after three years of alleged agreement to sell and two years and eight months of the last date fixed for registration of sale deed - Held, where..........
Criminal Procedure Code, 1973, Section 437(6), Indian Penal Code, 1860, Section 406, 408, 420 -- Bail - Grant of - Applicant charge-sheeted u/ss 406, 408 and 420, IPC - Applicant is applying for adjournment and subsequently says now, 60 days are over from first date fixed for taking evidence and he must be enlarged on bail u/s 437(6) of Code of Criminal Procedure - Held,..........
Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 181 -- Offence u/ss 498-A, 406 IPC - Jurisdiction - Marriage solemnised in Punjab - Complainant right from the marriage and her husband lived with her in-laws in Punjab - Husband died - Complainant now residing in Rajasthan - All the alleged acts of cruelty had taken place in the State of..........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 379, 406, 409, 418, 506, 34 -- Compounding of offence - Offence u/s 379, 406, 409, 418, 506 and 34 IPC - Offence u/s 406 not compoundable as amount involved more than Rs.250/- - Dispute arising out of business dealings - Public policy not involved - In disputes where question involved is of a..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 406, 498A -- Anticipatory bail - Offence with regard to demand and misappropriation of dowry articles - Accused directed to surrender before concerned Court and move bail application - Court to dispose of application expeditiously preferably on the date the application is filed...........
Indian Penal Code, 1860, Section 406, 397, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Civil dispute - Labour charges not paid and amount due to the complainant for the machines and accessories supplied not paid - Real dispute between the parties relates to non payment of charges for which remedy lies in the civil Court - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 406, 498A -- Conviction u/s 406 and 498-A IPC - Revision against - Accused in Govt. service - No moral turpitude involved - Conviction stayed during pendency of revision to save dismissal from service...........
