Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 420, 409, 467, 468, 471, 477A, 120B, Prevention of Corruption Act, 1988, Section 13(2) -- Bail during pendency of appeal - Conviction u/ss 120-B, 420, 409, 467, 468, 471 and 477A IPC and S.13(2) Prevention of Corruption Act - Accused being Chairman of Public Accounts Committee even after having..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 409, 420 -- Quashing of proceedings - FIR lodged by opposite party No.2 against applicant an officiating principal on the basis of allegation that she misused the funds and ousting the applicant from the post of principal in collusion with committee of management of the institution - Dismissal of..........
Indian Penal Code, 1860, Section 409, 420, 477A -- Offence u/ss 409, 420, 477A IPC - Accused cannot be simultaneously prosecuted for the offence u/s 409 as well as for the offence u/s 420 IPC - Accused discharged from the offence u/s 409 IPC - However, accused to be prosecuted for the offence u/ss 420/477A IPC...........
Indian Penal Code, 1860, Section 409, 420, 411, 477A, 120B -- Criminal breach of trust and cheating - Proof - Evidence on record shows that accused No.3 deceived CMF by making a false representation and dishonestly induced official of CMF to deliver Rs.32.50 lakhs in his favour and he dishonestly received amount - Held, offence of cheating u/s.420 made out against accused..........
Criminal Procedure Code, 1973, Section 439, Prevention of Corruption Act, 1988, Section 13(1)(c)(d), 13(2), Indian Penal Code, 1860, Section 120B, 420, 409, 477A -- Bail - Economic offences - Economic offences constitute a class apart and need to be visited with a different approach in the matter of bail - The economic offence having deep rooted conspiracies and involving..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 409, 477A, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(c), 13(1)(d) - - Bail in economic offences - Economic offences constitute a class apart and need to be visited with a different approach in the matter of bail - While granting bail, the court has to keep in mind the nature of..........
Indian Penal Code, 1860, Section 420, 406, 409 -- Breach of trust or cheating - Both are civil wrong and a criminal offence - Where the act alleged predominantly is a civil wrong, such an act does not constitute a criminal offence...........
Indian Penal Code, 1860, Section 420, 409, 406 - - Company - Vicarious liability - Complaint against company, its Managing Director, Company Secretary and 4 directors - Summoning order against Managing Director, Company Secretary and four directors quashed as (i) Witnesses examined by complainant did not specifically state as to which of the accused committed breach of..........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 409, 420 -- Public servant - Prosecution without sanction - Legality - Held, in absence of any sanction no cognizance of the offence can be taken against revisionist on the basis of charge-sheet submitted against him before trial Court - Revisionist liable to be discharged - Revision allowed...........
Indian Penal Code, 1860, Section 419, 420, 465, 468, 471, 406, 409, Constitution of India, 1950, Article 226 -- Matter of illegal payments to no, existent schools - Accounts opened in the name of no, existent persons and fictitious withdrawal of amount of minority scholarship - Investigation by investigating agency is determinative of complicity of alleged offender -..........
