Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Indian Penal Code, 1860, Section 420, 471, 477A -- Reduction of sentence - White collar offences - Such cases does not occasion use of power u/art.142 of Constitution to reduce sentence below minimum prescribed by legislature - However, in peculiar facts and circumstances of the instant case, ends of justice will..........
Indian Penal Code, 1860, Section 409, 420 -- Offence u/ss 409, 420 IPC - Conviction u/s.409 IPC - Award of funds to Sarpanch for execution of certain works within stipulated time - As per documents of Inspection and materials on record Sarpanch was unable to finish work undertaken within time and also no extension of time sought by him - Work of only certain amount was..........
Indian Penal Code, 1860, Section 302, 392, 328, 201, 473, 420, 34 -- Taxi hired by accused persons to visitvarious temples - Body of deceased taxi owner found after 10 days - Prosecution duly proved that vehicle was hired by accused - Recovery of vehicle and registration of vehicle duly proved - Recovery of knife, rod, rope and30 tablets of lorazepam from vehicle made -..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Cheating - Quashing of FIR - Allegations in FIR clearly refer malafide intention on part of petitioner - Even, when he was fully aware that he has closed his account, then why he has issued cheque - Hence, mens rea was..........
Indian Penal Code, 1860, Section 420 -- Cheating - Agreement to sell - Payment of advance amount - Sale of land to third party at a much higher price and that accused/vendor was not in possession of property - No material on record that complainant took steps for execution and registration of sale deed after paying rest of the amount - In absence of such evidence no..........
Indian Penal Code, 1860, Section 420 -- Cheating - To constitute an offence of cheating intention to deceive should be in existence at the time of inducement -Mere failure to keep up promise subsequently cannot be presumed to be cheating - Subsequent conduct of accused is relevant to infer that whether he had fraudulent or dishonest intention at the inception i.e when the..........
Criminal Procedure Code, 1973, Section 197(1), Indian Penal Code, 1860, Section 420, 409, 120B, Prevention of Corruption Act, 1988, Section 13 -- Sanction for prosecution - Offence u/ss 420, 409, 120-B IPC and S.13 of P.C.Act - Accused allegedly misappropriated public money while implementing the schemes in the course of their official duties - Acts of misappropriation as..........
Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Indian Penal Code, 1860, Section 420, 468, 471, 477A, 120B -- Offence u/s 13(2) & 13(1)(d) of P.C. Act 1988 and Ss.420, 468, 471, 477A, 120-B IPC - Allegation that accused No.1 made false entries in furniture account and issued a false certificate to enable accused No.2 to receive funds from Panchayat - Simply..........
Indian Penal Code, 1860, Section 420 -- Cheating - No evidence on record that prosecutrix ever handing over her belongings and money to accused - Prosecutrix failed to disclose any date of handing over money to accused - There is in fact no evidence on record to prove allegations constituting an offence u/s 420 IPC - Offence u/s 420 IPC not made out against accused -..........
Indian Penal Code, 1860, Section 376, 420 -- Rape - Cheating - Promise of marriage - Prosecutrix has nowhere alleged that petitioner has no intention to marry her since beginning - In fact, parents of petitioner approved their marriage but later due to some dispute between parties, marriage could not be materialized - Prosecutrix had never raised any grievance before any..........
