Court : Supreme Court of India
..... setting aside any order of dismissal| |chapter xxvi of the code of |of any application for default or | |criminal procedure ..... |(3) every proceeding before the |document or a copy of such record or| |authority shall be deemed to be a |document, from any office; | |judicial proceeding within the |issuing commissions for the | |meaning of sections 193 and 228, |examination of witnesses or | |and for the purpose of section 196 |documents; | |of the indian penal code, 1860 (45 |reviewing its decisions; | |of 1860) and the authority shall be|dismissing an application for | |deemed to be a civil court for all |default or deciding it, ex parte; | |the purposes of section 195 and | ..... the | | |appellate tribunal shall be deemed | | |to be a judicial proceeding within | | |the meaning of sections 193 and 228,| | |and for the purposes of section 196 | | |of the indian penal code (45 of | | |1860) and the appellate tribunal | | |shall be deemed to be a civil court | | |for the purposes of section 195 and | | |chapter xxvi of the code of criminal| | |procedure, 1973 (2 of 1974 .....
Tag this Judgment!Court : Chennai
Reported in : [1992]196ITR587(Mad)
..... incumbent on the income-tax officer to follow the procedure laid down in either of those two sections before he could validly file a complaint for offences under sections 193 and 196 of the indian penal code, 1860, where forged documents were produced and false statements made on oath in proceedings under section 26a of the indian income-tax act. ..... complaint preferred before the trial magistrate by the respondent who is the viii income-tax officer, city circle iii, madras, the petitioner is being prosecuted for the alleged commission of offences punishable under sections 193, 196 and 420 read with section 511 of the indian penal code and sections 276c and 277 of the income-tax act.2. ..... he argued that the offences punishable under sections 193 and 196, indian penal code would fall within the fold of section 195(1)(b)(i) of the criminal procedure code and, therefore, no court can take cognizance of those offences except on a complaint in writing by that court or of some other court to which that ..... will be no need for the income-tax officer to follow the procedure laid down in section 340, criminal procedure code, before he can validly launch a prosecution for the commission of offences punishable under sections 193 and 196, indian penal code. 10. ..... petitioner, with a view to evade income-tax and to defraud the exchequer of its legitimate revenues and to mislead and deceive the income-tax officer, committed the aforestated offences punishable under the penal code and the income-tax act. .....
Tag this Judgment!Court : Delhi
..... the appellant was also convicted of an offence under section 474 of the indian penal code, 1860 (ipc) for possessing forged documents such as driving license, ration card, school certificate, false disclosure regarding his address and date of birth for obtaining his first ..... the judgment dated 28.10.2016 passed by the learned asj convicting the appellant of an offence under section 3 of the official secrets act, 1923 for being in possession of restricted documents relating to the indian army, which could be prejudicial to the security and interest of the state. ..... has in his possession any document or electronic record, knowing the same to be forged and intending that the same shall fraudulently or dishonestly be used as genuine, shall, if the document or electronic record is one of the description mentioned in section 466 of this code]. ..... be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; and if the document is one of the description mentioned in section 467, shall be punished with [imprisonment life]. ..... the white envelope contained three typed documents relating to the indian army arms and ammunitions and training ..... verification and it was revealed that the documents of the indian army recovered from the accused were restricted and were for official ..... view of the above, the next question to be examined is whether the aforesaid documents qualify the description as set out in section 466 or 467 of the ipc. .....
Tag this Judgment!Court : Delhi
..... counsel for the respondent in addition to relying upon the admitted facts of the petitioner being prosecuted in a state case under section 498 a of indian penal code, 1860, has referred to a document being the letter dated 23.1.2009 given by the petitioner at the time of taking employment and which letter reads as under:23.1.2009 to, the director (admn. ..... in my opinion, the writ petition is liable to be dismissed for the reason that, not in one but in two documents, one being the attestation form of january, 2009 and the other being the letter dated 23.1.2009, the petitioner falsely stated that there was no fir lodged against her and that she was .....
Tag this Judgment!Court : Delhi
..... therefore, learned trial judge has opined that the offence punishable under section 468 indian penal code, 1860 is therefore, made out against petitioner who had forged the documents knowing that the same shall be used for the purpose of cheating. ..... therefore, mere possession of the alleged forged documents, is not punishable and same were not used for the purpose of cheating, only then the person is said to have committed offence punishable under section 416 indian penal code, 1860. 35. ..... the crux of section 471 indian penal code, 1860 is that the use of document. ..... learned trial judge has recorded further in its judgment that with regard to the offence punishable under section 471 indian penal code, 1860, it presupposes using as genuine any forged document. ..... counsel for the petitioner that if the petitioner was acquitted from the offences punishable under section 420 indian penal code, 1860, he cannot be convicted for the offences punishable under section 419 and 468 indian penal code, 1860, because neither the petitioner deceived any person fraudulently or dishonestly or induced the person so deceived to deliver any property to any person. 43. ..... learned counsel for petitioner submitted that vide impugned judgment dated 17.01.2011, learned trial court while acquitting the petitioner for the offences punishable under section 420/471 indian penal code, 1860; however, convicted for the offence punishable under section 419/468 indian penal code, 1860. 6. .....
Tag this Judgment!Court : Delhi
..... no allegation of forgery of any document as such no offence under section 468/471 indian penal code, 1860 is made out. ..... allegations regarding offence under section 506 indian penal code, 1860 are absolutely vague and bogus ..... the above stated order, fir no.112/2011, at ps hazrat nizamuddin under sections 406/420/468 /471/506 indian penal code, 1860 was registered on 01.05.2011. 4. ..... under sections 420/406/468/ 471/506 indian penal code, 1860. 16. ..... the entire complaint there is no allegation of criminal breach of trust or cheating punishable under section 406/420 indian penal code, 1860. 10. ld. ..... offence punishable under sections 406/420/468/471/506 indian penal code, 1860. ..... khan" and fir no.112/2011, ps hazrat nizamuddin under sections 406/420/468/471/506 indian penal code, 1860. 2. ..... is alleged against the first respondent that he had no right over the property and yet he had executed a document in favour of the second respondent without any authority with an intention to cause loss to the complainant and to ..... counsel for the respondent no.2/complainant has further submits that even in this court in an application filed under section 9 of the arbitration act, the accused agreed to return the said sum of ` 3.35 crores, which he had taken from the complainant by allurement and cheating but again backed out and did not ..... (23) short notes page 39 decided on 10th march,1992, held that high court cannot interfere in exercise of its inherent power under section 482, criminal procedure code . .....
Tag this Judgment!Court : Patna
..... the state government may, if he has reason to believe that any identification mark carried on a motor vehicle or any licence, permit, certificate of registration, certificate of insurance or other document produced to him by the driver or person in charge of a motor vehicle is a false document within the meaning of section 464 of the indian penal code, 1860 (45 of 1860) seize the mark or document and call upon the driver or owner of the vehicle to account for his possession of or the presence in the vehicle of such mark ..... discussing the provisions of law, their lordships referred to section 258 of the indian penal code which also uses the expression 'reason to believe' and section 259 of indian penal code which uses the expression 'which he knows to ..... connection, their lordships referred to section 26 of the indian penal code which defines the expression ..... . those sections provide that in respect of offences under any other law (other than indian penal code), they shall be enquired into, tried and otherwise dealt with according to the provisions of the code of criminal procedure subject to any changes that may be done in ..... section 379 of indian penal code. ..... the argument of the respondent that he had the requisite reason to believe goes contrary to his submission for the apex court has noted in paragraph-5 of the said judgment as 'under the indian penal code penal law, guilt in respect of almost all the offences is fastened either on ground of 'intention' or 'knowledge' or 'reason to believe' .....
Tag this Judgment!Court : Allahabad
Reported in : [1995]84CompCas587(All)
..... whole complaint is a typed document and in the heading section 409 of the indian penal code, 1860, has been added in manuscript ; similarly in paragraphs 2 and 6 of the complaint some allegations have been added so that section 409 of the indian penal code, 1860, may become applicable. ..... taking into consideration all these facts, i am of the opinion that no case under section 409 of the indian penal code, 1860, is made out against the accused applicant and the issue of the non-bailable warrant was totally unjustified ..... the result, all the six applications are partly allowed and while setting aside the summoning order dated october 31, 1991, so far as it relates to section 409 of the indian penal code, 1860, summoning of the accused under section 138/142 of the negotiable instruments act, 1881, is upheld. ..... company, under sections 138 and 142 of the negotiable instruments act, 1881, and section 409 of the indian penal code, 1860. ..... , in para 5 of the complaint, some allegation has been introduced at the last moment to make out a case under section 409 of the indian penal code, 1860. ..... therefore, the complaint under section 138/142 of the act and 409 of the indian penal code, was filed by the mill through its managing director, beerbal dass, on september 8, ..... according to annexure 1 to the affidavit filed in support of the application under section 482 of the criminal procedure code, 1973, (hereinafter called 'the petition') beerbal dass is the managing director of nath roller flour mill, .....
Tag this Judgment!Court : Supreme Court of India
..... ) and directed the registrar general of the high court to lodge a complaint against the appellant and respondent no.2 for their prosecution for having allegedly committed offence punishable under section 196 of the indian penal code, 1860 by fabricating some documents filed by them in the suit to secure the orders in their favour. ..... and were relied upon by the defendant nos.1 and 2 with the object of defrauding the court with an eye to obtain favourable order in their favour and as such, they have prima facie committed an offence under section 196 of the indian penal code; it is, therefore, expedient in the interest of justice that an enquiry should be made to ascertain whether those documents included in the paper book between pages 107 and 123 are really fabricated ones. ..... 1 and 2 alleging offence under section 196 of the indian penal code on the aforesaid facts. ..... no.0029-136274-050 with respondent no.3.5) during the pendency of the suit, respondent no.1, in order to protect their rights, which are subject matter of the civil suit, filed an application under order 39 rules 1 and 2 read with section 151 of the code of civil procedure, 1908(hereinafter referred to as the code ) and sought temporary injunction against the defendants (appellant, respondent nos. ..... we accordingly in exercise of our power conferred under section 340 of the code of criminal procedure direct the learned registrar general of this court to lodge a complaint before the appropriate court against the defendant nos .....
Tag this Judgment!Court : Mumbai
Reported in : 2000(1)ALLMR388; [2002]109CompCas659(Bom); [1998(79)FLR547]
..... prosecution should not be launched against them for the offences of fabricating false evidence and giving false evidence punishable under section 193 of the indian penal code, 1860, by fabricating and concocting various documents purportedly showing that 19 corporate shareholders had authorised their representatives to appear to attend the scheduled meeting on november 17, ..... shareholder is entitled to know as to the director's direct and indirect interest; if that is not to be so, the legislature would not have specifically provided the word 'otherwise' in the proviso to section 391(1)(a) of the companies act, which makes it abundantly clear that such a disclosure ought to have been made when the said scheme of amalgamation was being considered, hence the said objection is upheld.81. ..... the shareholders and employees of the company have raised various objections with regard to the aforesaid amalgamation scheme contending that the statutory requirements as contemplated under sections 391 and 394 have not been complied with as well as the requirements as per the companies (court) rules have not been complied with, as such the ..... the opponents has strongly contended that the petitioner-company has not complied with the mandatory requirements under sections 391 and 394 of the companies act and also that the scheme was unfair, unjust and ..... documents, parcels are also sent to theconcerned departments by concerned parties/clients without their beingrouted through the despatch section .....
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