Prevention of Corruption Act, 1988, Section 13(1)(d)(e), 13(2), 7, Indian Penal Code, 1860, Section 409, 420, 471 -- Illegal gratification - An employee of co-operative Bank is a `public servant' and is liable to be prosecuted for an offence under Prevention of Corruption Act...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 408, 218, 409 -- Bail - Offence u/ss 420, 467, 408, 218 & 409 IPC - Accused in jail for one and half years - High Court direction in October, 2007 to complete trial within three months - Trial not yet concluded - Bail granted...........
Criminal Procedure Code, 1973, Section 482, 154, Indian Penal Code, 1860, Section 420, 467, 468, 469 -- Quashing of criminal proceedings - Dispute purely of civil nature - Allegations in FIR, even if given face value and taken to be correct, do not make out any offence - Held, initiation of proceedings u/ss 420, 467, 468, 469 IPC not justified - FIR and proceedings arising..........
Indian Penal Code, 1860, Section 415, 420 -- Cheating - Misrepresentation from the very beginning is a sine qua non for constitution of an offence of cheating, although in some cases, an intention to cheat may develop at a later stage of formation of the contract...........
Indian Penal Code, 1860, Section 415, 420 -- Cheating - Failure to keep promise - In absence of a culpable intention at the time of making initial promise being absent, no offence u/s 420 IPC can be said to have been made out...........
Indian Penal Code, 1860, Section 415, 420 -- Cheque dishonoured - By itself does not mean that accused had cheated the complainant...........
Criminal Procedure Code, 1973, Section 482, 178, Indian Penal Code, 1860, Section 420, 406 -- Territorial jurisdiction - Parties married at Jalandhar thereafter living in Canada - Demand of dowry made in Canada - FIR lodged at Jalandhar - FIR quashed, on the ground that larger part of offence was committed in Canada...........
Indian Penal Code, 1860, Section 420 -- Civil decree on the basis of family settlement - Complaint by third party that parties to the decree are not related and thereby caused wrongful loss to the State by not paying Stamp duty - Held, when Court passes the decree on the basis of admission by holding the suit as genuine then it is not known as to how the accused cheated..........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 467, 468, 471, 420, 34, 409, 34 -- Public servant - Sanction for prosecution - Offence u/ss 467, 468, 471, 420/34, 409/34 IPC-Offence of forgery, cheating and criminal misappropriation is not a public duty-Sanction for prosecution is not required...........
Indian Penal Code, 1860, Section 420, 162, 120B -- Conviction u/ss 420 and 162 IPC for 4 years RI and 2 years RI respectively - Accused suffered protracted trial for 22 years - Accused very old, infirm and frail - Conviction reduced to two months which already undergone...........
