Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 414, 467, 468, 471, 120B -- Bail - Offence u/ss 414, 467, 468, 471 & 120-B IPC - No further investigation required - Bail granted...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 465, 467, 468, 471, 120B -- Anticipatory bail - Offence u/ss 420, 465, 467, 468, 471 & 120-B IPC - Accused joined investigation and has given his specimen handwriting in Court - Custodial interrogation not required - Pre-arrest bail granted till filing of report u/s 173 Cr.P.C...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 406, 420, 467, 468, 471, 120B -- Anticipatory bail - Offence u/ss 406, 420, 467, 468, 471 & 120-B IPC - Case based on documentary evidence - Custodial interrogation not required - Anticipatory bail granted...........
Criminal Procedure Code, 1973, Section 190, 468(2)(b), Companies Act, 1956, Section 159, 162, 220 -- Cognizance of offences - Bar u/s 468(2)(b) - Applicability - Accused alleged to have committed offences u/ss 159, 162 and 220 of the Companies Act, 1956 - Cognizance after 11 years - Held, offence alleged in complaint against petitioner is not a continuous wrong - Bar to..........
Indian Penal Code, 1860, Section 420, 468, 120B, Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint proceedings - Complainant purchased a tractor manufactured by appellants - Dealer falsely represented tractor to be 40 HP whereas it was 33 HP capacity - Complaint against both dealer and manufacturer - No allegation against manufacturers - No specific role..........
Indian Penal Code, 1860, Section 120B, 466, 468, 471, 420, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Grant of - Offence u/ss 120B, 466, 468, 471, 420 IPC - Accused person allegedly cheated complainant by forging encumbrance certificate and impersonating as original owners executed fake sale deed - Considering the facts and gravity of matter, order..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Offence u/ss 420, 467, 468, 471, 120-B IPC - Quashing of proceedings - Parties compromised - Compounding of offence refused by trial Court as offences were non compoundable - Matter involving hotel property - Dispute personal in nature - Compromise can be recognised -..........
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...........
Criminal Procedure Code, 1973, Section 468 -- Cognizance of offence - Limitation - Respondent No.2 being a shareholder, had accepted the offer made to purchase shares of SIL in 1993 itself - Non-listing of shares according to complainant amounts to an offence - Held, offence has been completed in mid 1995 - Present complaint has been filed in 2003, well beyond period of..........
Criminal Procedure Code, 1973, Section 468 -- Cognizance of offence - Issue of limitation - Whether a complaint has been filed within prescribed period of limitation or not? - Held, this question cannot be decided on a hypothesis or conjecture that an additional charge could be framed at some point in time - Issue of limitation must be decided on the basis of complaint as..........
