Indian Penal Code, 1860, Section 420, 405 -- Word `property' - Meaning of - Held, word `property' is used in IPC in a much wider sense than the expression `movable property' - Whether offence defined in a particular section of IPC can be committed in respect of any particular kind of property will depend not in interpretation of word `property' but on fact whether that..........
Criminal Procedure Code, 1973, Section 300, Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420 -- Cheating - Cheque bouncing - Bar on second trial - Held, dishonour of a cheque for insufficiency of funds may, in a given case constitute offence u/s 420 IPC and S.138 of NI Act for both of which offender is liable to be prosecuted either in..........
Criminal Procedure Code, 1973, Section 177, Indian Penal Code, 1860, Section 420, 467, 468, 471, Prevention of Corruption Act, 1988, Section 13(1)(d) -- Territorial jurisdiction - Getting job on basis of fake degree certificates - Fake certificates obtained from Ranchi University and getting job in Bombay - Court at Ranchi has jurisdiction where all records are available...........
Indian Penal Code, 1860, Section 420 -- Cheating - Cheque dishonoured as signatures differed - Accused had no intention to cheat from the very inception - No offence u/s 420 IPC is made out - FIR quashed...........
Indian Penal Code, 1860, Section 420 -- Cheating - No allegation that there was intention to cheat from the very inception - Ingredients of S.420 IPC not made out...........
Indian Penal Code, 1860, Section 420 -- Ingredients of the provision of S.420 IPC are : (i) Deception of any persons; (ii) Fraudulently or dishonestly inducing any person to deliver any property; or (iii) to consent that any person shall retain any property and finally intentionally inducing that person to do or omit to do anything which he would not do or omit...........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Order for garments - Buyer refused to accept the goods on the premise that the same were defective and substandard - No allegation made in FIR that any misrepresentation was made at the time of formation of contract - Held, that it was a case of civil liability - FIR quashed...........
Indian Penal Code, 1860, Section 420 -- Cheating - To constituting an offence of cheating, the complainant is required to show that the accused had fraudulent or dishonest intention at the time of making promise or representation - Even when there is failure to keep promise, in absence of a culpable intention at the time of making initial promise being absent, no offence..........
Indian Penal Code, 1860, Section 420 -- Cheating - Facts disclosing the ingredients of the offence must be averred...........
Indian Penal Code, 1860, Section 420 -- Cheating - Only because civil law can be taken recourse to does not necessarily mean that criminal proceedings should be barred...........
