Copyright Act, 1957, Section 63, 13, Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420 -- Infringement of copyright and cheating - Quashing of complaint - Allegations of use of title `Desi Boys' of synopsis of story written by complainant for title of film by appellant - Said title cannot be considered to be literary work and no copyright is..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 409, 420, 467, 477A, Prevention of Corruption Act, 1988, Section 13 -- Cancellation of anticipatory bail - Challenge as to - Offence u/ss. 409, 420, 467, 477A IPC and S.13 of PC Act - Allegations of corruption and misappropriation of public funds released for rural development - Considering..........
Indian Penal Code, 1860, Section 420 -- Cheating - In order to bring a case for the offence of cheating, it is not merely sufficient to prove that a false representation had been made, but it is further necessary to prove that representation was false to knowledge of accused and was made in order to deceive the complainant...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 419, 420 -- Quashing of criminal proceedings - Offence u/ss 419, 420 IPC - Allegations in complaint does not constitute offence alleged - Continuation of criminal proceedings not just and proper - Proceedings quashed...........
Indian Penal Code, 1860, Section 420, 467 -- Cheating and forgery - Forgery is the principle allegation and cheating the consequential offence and as such in case forgery goes, cheating cannot stand - Accordingly, without proving the offence of forgery, cheating cannot be there...........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 423 -- Cheating and forgery - Allegation that accused with the help of his three brothers, forged the signatures of his father and got transferred the tractor in his own name - However, all the brothers of accused were acquitted except accused - More so, signatures in dispute not compared with standard signatures of..........
Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Indian Penal Code, 1860, Section 420, 471, 477A -- Reduction of sentence - White collar offences - Such cases does not occasion use of power u/art.142 of Constitution to reduce sentence below minimum prescribed by legislature - However, in peculiar facts and circumstances of the instant case, ends of justice will..........
Indian Penal Code, 1860, Section 409, 420 -- Offence u/ss 409, 420 IPC - Conviction u/s.409 IPC - Award of funds to Sarpanch for execution of certain works within stipulated time - As per documents of Inspection and materials on record Sarpanch was unable to finish work undertaken within time and also no extension of time sought by him - Work of only certain amount was..........
Indian Penal Code, 1860, Section 302, 392, 328, 201, 473, 420, 34 -- Taxi hired by accused persons to visitvarious temples - Body of deceased taxi owner found after 10 days - Prosecution duly proved that vehicle was hired by accused - Recovery of vehicle and registration of vehicle duly proved - Recovery of knife, rod, rope and30 tablets of lorazepam from vehicle made -..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Cheating - Quashing of FIR - Allegations in FIR clearly refer malafide intention on part of petitioner - Even, when he was fully aware that he has closed his account, then why he has issued cheque - Hence, mens rea was..........
