Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 409, 420 -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 419, 420, 467, 468, 471, 409, 506 -- Bail applications - Rejection of - Validity - Applicants were President, Secretary and Treasure of Housing Society - Land was sold by applicants without any proper authority - Land was sold as if land was private property of applicant "S" and not property of..........
Criminal Procedure Code, 1973, Section 218, Indian Penal Code, 1860, Section 409, 477A -- Joinder of charges - Contention of petitioner that Scheme of Ss.408, 409 IPC goes to show that distinct offences have been provided respectively for clerks or servants and for bankers and petitioner has been charged for offence u/s 409 IPC as he is a banker, but at the same time, he..........
Indian Penal Code, 1860, Section 409, 477A -- Breach of trust - Misappropriation of money - Petitioner was public servant at the relevant time - He was entrusted with the money of depositors - He has falsified the account books to defraud depositors and account books were in possession of petitioner - Held, petitioner acted fraudulently and misappropriated the money -..........
Criminal Procedure Code, 1973, Section 173(8), 482, Indian Penal Code, 1860, Section 409 -- Further investigation - Exercise of power by High Court - Held, simply because a person has a grievance that his first information report was not lodged or after registration of first information report, proper investigation was not done or even if investigation was done but accused..........
Indian Penal Code, 1860, Section 409, 477A -- Company - Company charged with offence u/ss 409, 477 IPC - Proceedings quashed by High Court on the ground that company could not be prosecuted for offences which require imposition of a mandatory term of imprisonment coupled with fine - Order of High Court set aside - Held, company can be prosecuted even in a case where Court..........
Indian Penal Code, 1860, Section 409 -- Criminal breach of trust - Return of amount misappropriated by public servant - Does not absolve him of the offence u/s 409 IPC...........
Criminal Procedure Code, 1973, Section 239, Indian Penal Code, 1860, Section 409, 468, 477A, 120B, Prevention of Corruption Act, 1988, Section 1391)(d), 13(2) -- Land acquired for establishing University - Accused filled earth in a most perfunctory and irregularly manner and he obtained a pecuniary advantage of Rs.59.51 lacs - Petitioner discharged as : (a) Allegation..........
Indian Penal Code, 1860, Section 409, West Bengal Co-operative Societies Act, 1983, Section 23, 2(31), 8, West Bengal Criminal Law Amendment (Special Courts) Act, 1949, Section 4, Criminal Procedure Code, 1973, Section 197 -- Co-operative society - Secretary of - Public servant - Held, Secretary of co-operative society is not a public servant as contemplated in S.197 of..........
Indian Penal Code, 1860, Section 409, West Bengal Co-operative Societies Act, 1983, Section 23, 2(31), 8, West Bengal Criminal Law Amendment (Special Courts) Act, 1949, Section 4 -- Co-operative society - Secretary of - Public servant - Sanction for prosecution - Held, Secretary of Co-operative society can not be tried by Special Court in view of West Bengal Criminal Law..........
