Indian Penal Code, 1860, Section 307, Criminal Procedure Code, 1973, Section 6, 9, 409 -- Jurisdiction of Assistant Sessions Judge - Attempt to murder - Offence is punishable with sentence of imprisonment of life or imprisonment which may extend to 10 years - Offence triable by Assistant Sessions Judge, as jurisdiction to try case does not dependant on maximum sentence..........
Indian Penal Code, 1860, Section 409, Criminal Procedure Code, 1973, Section 378(4) -- Criminal complaint - Acquittal - Leave to appeal - Application for - Civil suit filed by bank against applicant and his brother was decreed in the year 2002 - Applicant could not succeed - He filed baseless and motivated criminal complaint in the year 2003 on basis of false and frivolous..........
Indian Penal Code, 1860, Section 409, 420 -- Criminal breach of trust - Cheating - Property of partnership firm - Petitioner, a partner of the firm entrusted or given dominion over property that belongs to partnership firm - Held, since he is partner of the firm, he necessarily would be a part owner of property entrusted to him or over which he has been given dominion - He..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 420, 467, 468, 471, 409, 34, Constitution of India, 1950, Article 21 -- Quashing of FIR - Offence u/ss 406, 420, 467, 468, 471, 409 & 34 IPC - Quashing of FIR sought on the ground that FIR was lodged in the year 1988 and trial has not begun yet and that delay is violative of Fundamental Right..........
Indian Penal Code, 1860, Section 409, 467 -- Conviction u/ss 409/467 IPC - No exception can be taken to the findings returned by both the Courts below - Conviction maintained - Accused already undergone 5 months and 23 days of the actual sentence and while on bail during the pendency of revision did not make misuse of the same - Sentence reduced to already undergone while..........
Indian Penal Code, 1860, Section 409 -- Criminal breach of trust by banker - Informant stated that he knew handwriting of accused and identified the signature of the accused - Informant did not state how and on what occasion he had seen the accused writing or putting his signature - Held, unless a person has a direct witness of writing of another person, the evidence of..........
Indian Penal Code, 1860, Section 409, 34 -- Conviction - Acquittal of co-accused on the basis of same evidence - Held, conviction of accused not proper - Parity has to be maintained amongst accused who are similarly situated - More so S.34 is not a distinct offence...........
Indian Penal Code, 1860, Section 420, 409 -- Cheating and criminal breach of trust - Accused company advanced loan to complainant for purchase of vehicle - Agreement of loan authorized the accused company to take possession of vehicle, if complainant made default in repayment of loan - Complainant having become defaulter, accused company sold the vehicle - Held, no offence..........
Indian Penal Code, 1860, Section 409, 406 -- Criminal breach of trust by public servant - It is provision of S.409 which applies...........
Indian Penal Code, 1860, Section 409 -- Criminal breach of trust by public servant - Ingredients of the offence u/s 409 IPC are : (1) The accused must be a public servant; (2) He must have been entrusted, in such capacity with the property; (3) He must have committed breach of trust in respect of such property...........
