Indian Penal Code, 1860, Section 406, Dowry Prohibition Act, 1961, Section 6, Criminal Procedure Code, 1973, Section 482 -- Dowry demand or harassment - Quashing of proceedings - Distant relations - Mere naming of distant relations is not enough to summon them in absence of any specific role and material to support such role - Court has to be careful in summoning distant..........
Indian Penal Code, 1860, Section 406, Dowry Prohibition Act, 1961, Section 6, Criminal Procedure Code, 1973, Section 204 -- Criminal breach of trust - Entrustment of stridhan - Specific date of entrustment and specific date of demand not mentioned - Magistrate even failed to take any consideration of limitation and proposition of law - Summoning order quashed - Matter..........
Indian Penal Code, 1860, Section 406, 417, 420, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Complaint that husband has remarried - Complaint not only against husband but also against father-i, law, mother-i, law, unmarried sister-i, law, who are not concerned with the marriage - No material to show that applicants had knowledge of remarriage or..........
Indian Penal Code, 1860, Section 406, 420, 120B, Criminal Procedure Code, 1973, Section 482 -- Agreement to sell - Sale to third person - Non return of advance amount of Rs.Twenty Five lacs - At this stage it cannot be concluded as to whether accused had no intention of cheating the complainant at the time of entering into agreement with them - Factum of intention of..........
Indian Penal Code, 1860, Section 406, 498A, 506, 34, Criminal Procedure Code, 1973, Section 178(b) -- Criminal breach of trust - Territorial jurisdiction - Allegations made in complaint and final report that matrimonial offences were committed while residing at Mumbai, Pune and Chennai - Property entrusted outside the place at `T' - No allegation that consequence of..........
Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - Entrustment of property alone is not sufficient to attract offence u/s 406 IPC - Allegation regarding dishonest misappropriation or conversion of those articles into their own use in violation of any direction is necessary in a complaint...........
Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - Essential ingredients of criminal breach of trust are (i) the accused must be entrusted with property or dominion over it and (ii) he must have dishonestly misappropriated the property or converted to his own use or disposes of it in violation of any trust - Gist of the offence is dishonest misappropriation..........
Criminal Procedure Code, 1973, Section 181(4), Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - Jurisdiction - Offence of criminal misappropriation or of criminal breach of trust may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or any part of the property which is subject of the offence was received or..........
Indian Penal Code, 1860, Section 406, 420, Criminal Procedure Code, 1973, Section 482 -- Criminal breach of trust - Cheating - Quashing of complaint - Complaint does not disclose any breach of contract nor intention to cheat - Only sale amount was not paid in part - Offence discloses only a civil liability - Held, no offence u/ss 406 & 420 IPC is made out - Prosecution is..........
Indian Penal Code, 1860, Section 406, 323, 34 -- Criminal breach of trust - Absence of specific allegations of entrustment of dowry articles and specific allegation of beating - Accused cannot be convicted u/ss 406 and 323 IPC...........
