Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 468, 472 -- Complaint u/s 12 of PWDV Act - Limitation - Wife subjected to domestic violence soon after her marriage and continued even till the year 2014 - Complaint filed in the year 2014, itself cannot be said to be barred by S.468 Cr.P.C, as it is a case of..........
Criminal Procedure Code, 1973, Section 439, Punjab Excise Act, 1913, Section 61, Indian Penal Code, 1860, Section 420, 465, 468, 471, Trade Marks Act, 1999, Section 103, 104 -- Bail - Offence u/s 420, 465, 468, 471 IPC, s.61 of Punjab Excise Act and Ss.103, 104 Trademark Act - FSL report has not been received - Offence is triable by Magistrate and only challan has been..........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 109, 420, 201, 120B, 417, 467, 468, 477A, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2)(d) -- Sanction for prosecution - Offence u/ss 109, 420, 201, 120-B, 417, 467, 468, 477-A IPC and Ss.13(1)(d), 13(2)(d) of P.C Act - Prosecution failed to take sanction to prosecute applicant prior..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 504, 506 -- Cheating - Forgery - Quashing of proceedings - Breach of contract - It is nowhere stated in complaint that there was any intention on part of accused to cheat or defraud at inception of contract - It is admitted that pursuant to agreement, two installments were paid and thereafter subsequent installments were..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 465, 468, 471, 447, 511, 120B -- Anticipatory bail - Cheating - Property dispute - Entire dispute between parties is regarding execution of various documents which both parties claim to be forged and fabricated - Said fact can be decided only during course of trial - Without commenting..........
Indian Penal Code, 1860, Section 409, 420, 468, 471, 120B, Prevention of Corruption Act, 1988, Section 13(1)(c), 13(1)(d), 13(2) -- Return of original service book of petitioner - When original service book forms part of offence or is necessary to prove offence, I.O. and Courts will be justified in retaining original service book but where original service book is not..........
Criminal Procedure Code, 1973, Section 468, 469, Drugs and Cosmetics Act, 1940, Section 27(c), 27(d), Indian Penal Code, 1860, Section 420 -- Limitation - Offence u/ss 27(c), 27(d) of Drugs Act and S.420 IPC - Limitation is calculated on basis of offence punishable with higher sentence and higher sentence is more than 3 years as per alleged offences - No limitation..........
Criminal Procedure Code, 1973, Section 154, 482, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Second FIR on same cause of action - Quashing of - Cheating - Allegation that accused forged and fabricated lease deed - Validity and genuineness of lease deed is subject matter of earlier FIR and qua same trial is pending - Second FIR qua same land on same cause..........
Indian Penal Code, 1860, Section 420, 468, 471 -- Complaint u/ss 420, 468, 471 IPC - Civil and criminal proceedings - When there is civil suit for recovery of money, it cannot be said that there cannot be complaint case...........
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), Indian Penal Code, 1860, Section 420, 468 -- Misconduct - Pecuniary advantage - Abusing official position - Accused cheated complainant and his brother by dishonestly inducting them to pay money for handing over possession of shop - Possession of shop was with accused due to his official position in Revenue..........
