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Stephen Vs. Chandra Mohan and ors.

Court : Kerala

Subject : ContractCriminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 91, 190 and 482; Indian Penal Code (IPC), 1860 - Sections 2, 405, 409, 415 and 420; Indian Contract Act, 1872 - Sections 171

Reported in : [1990]68CompCas636(Ker)

direction of law prescribing the mode in which the trust is to be discharged, or of any legal contract, express or implied, which the accused made touching on the discharge of such trust is also sufficient to … The short question for consideration is whether the facts constitute offences under the above sections.2. Section 409 involves criminal breach of trust by a public servant or by a banker, merchant or agent. In order to constitute

Ganesh Prasad Naik Vs. State of Orissa

Court : Orissa

Subject : ContractCriminal

Reported in : 2009(I)OLR270

Section 161 of the I.P.C.2. Prosecution case, in nut-shell, is as follows:P.W.1, the informant-decoy had earlier executed work contract of Nuagada-Maliguda road under Nandahandi Block as contractor at the estimated cost of Rs. 10,000/-. When the appellant … appellant is confined to acceptance of bribe on 28.04.1985. Section 5(2) of the P.C. Act provided punishment for criminal misconduct committed by public servant. The relevant provisions under Section 5 of the P.C. Act read:Section 5(1) A

Moulvi Muhammad Ismail Vs. Samad Ali Bhuyan and ors.

Court : Kolkata

Subject : ContractCriminal

Reported in : 32Ind.Cas.227

of first instance on the point was affirmed, but then it was contended before that Court that the contracts were opposed to public policy as they were entered into for compounding a criminal case. The learned Subordinate

Tarkeshwar Nath Katariyar Vs. State of Jharkhand and anr.

Court : Jharkhand

Subject : ContractCriminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 482; Indian Penal Code (IPC), 1860 - Sections 406 and 420

Reported in : [2004(4)JCR57(Jhr)]

A, at the time of obtaining the money, intends to deliver the indigo plant, and afterwards breaks his contract and does not deliver it, he does not cheat, but is liable only to a civil action for … ORDERHari Shankar Prasad, J.1. This application under Section 482 of the Code of Criminal Procedure is directed against the order dated 12.8.2003 passed in Complaint Case No. 506 of 2003 whereby and

Central Bureau of Investigation Vs. Bhupen Champaklal Dalal and Others

Court : Mumbai

Subject : Land Acquisition

this case would require to be enumerated columnwise to show the payments made by BMC Bank upon the contract note of the brokers' bill of accused Nos.1 and 13, the demand draft (DD) issued by BMC Bank … be prudent to consider the aforesaid charges together against the accused separately. For considering the essential charge of criminal conspiracy under Section 120B of the IPC, it would have to be seen whether any and if so

Central Inland Water Transport Corporation Limited and anr. Vs. Brojo ...

Court : Supreme Court of India

Subject : Service

Acts : Companies Act, 1956 - Sections 617; Constitution of India - Articles 1, 4, 12, 13, 14, 15, 16, 17, 18, 19, 19(1), 23, 32, 36, 37, 38, 38(1), 39, 40, 41, 42, 47, 51, 51-A, 53(1), 68, 73, 131, 141, 152, 154, 154(1), 162, 226, 298, 308, 311, 311(2), 366, 367(1), 370 and 372; Indian Contract Act, 1872 - Sections 16(1), 16(2), 19, 19-A, 23 and 24; Code of Criminal Procedure (CrPC) , 1973 - Sections 19\7; Central Inland Water Transport Corporation Ltd. (Service, Discipline and Appeal) Rules, 1979 - Rules 9 and 11; Indian Penal Code (IPC), 1908 - Sections 21

Reported in : AIR1986SC1571; (1986)3CompLJ1(SC); 1986LabIC1312; (1986)IILLJ171SC; 1986(1)SCALE799; (1986)3SCC156; [1986]2SCR278; 1986(2)SLJ320(SC); [1986] 2 SCR 178; AIR 1986 SC 157; MANU/SC/0439/1986

'the State' within the meaning of Article 12 of the Constitution? 2) Whether an unconscionable term in a contract of employment is void under Section 23 of the Indian Contract Act, 1872, as being opposed to public … proceeding against him is contemplated or is pending or where a case against him in respect of any criminal offence is under investigation or trial. Rule 34 provides for payment of subsistence allowance during the period of

Robertson Vs. Baldwin

Court : US Supreme Court

Subject : Land Acquisition

of justices of the peace and other such officers to arrest and commit for a violation of the criminal law of the United States Page 165 U. S. 280 was held to be no part of the … than a part of it. Section 4598 and 4599, insofar as they require seamen to carry out the contracts contained in their shipping articles, are not in conflict with the Thirteenth Amendment forbidding slavery and involuntary servitude,

United States Vs. United Mine Workers

Court : US Supreme Court

Subject : Land Acquisition

its officers from precipitating a nationwide strike in the bituminous coal mines pending judicial interpretation of a labor contract between the Government and the union, at a time when the mines are being operated by the Government … the purpose of preserving existing conditions pending a decision upon its own jurisdiction; and disobedience is punishable as criminal contempt. Pp. 330 U. S. 289 -295. 3. In this case, none of the procedural aspects of the

C. Bala Krishnaiah Vs. A. Kannaiah (Died) and ors.

Court : Andhra Pradesh

Subject : Contract

Acts : Limitation Act - Schedule - Article 137; Code of Civil Procedure (CPC) (Amendment) Act, 1976; Indian Contract Act, 1872 - Sections 14, 16, 17, 19 and 19A; Code of Civil Procedure (CPC) , 1908 - Sections 47 - Order 23, Rule 3 and 3A - Order 23(3)

Reported in : 2007(2)ALD281; 2007(2)ALT477

to grant such adjournment. Explanation - An agreement or compromise which is void or voidable under the Indian Contract Act, 1872 (9of 1872), shall not be deemed to be lawful within the meaning of this rule.Another significant … give up claim on the suit land, by receipt of money as compensation, I will be committed to criminal contempt and the Second Appeal was posted to 4-11-2003.(e) The respondents herein i.e. appellants in the Second Appeal

National Bank of Lahore Ltd. Vs. Sohan Lal Saigal and ors.

Court : Punjab and Haryana

Subject : Banking

Acts : Indian Contract Act, 1872 - Sections 235 and 238; Indian Limitation Act - Articles 36, 49, 95 and 120; Indian Penal Code (IPC), 1860 - Sections 411; ;Code of Criminal Procedure (CrPC) ; Indian Law; Roman Civil Law

Reported in : AIR1962P& H534

in those lockers, could not be said to fall within the ambit of Section 238 of the Indian Contract Act, 1872, nor were they of such a nature as could be regarded to have been done in … has based his argument principally on the legal liability of an employer or principal for the fraudulent and criminal acts of the employee or the agent. It is argued that the acts of the Manager, which were