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Supreme Court of India

All Cargo Movers (i) Pvt. Ltd. & Ors. v. Dhanesh Badarmal Jain and Anr.

Neutral citation
Reported as [2007] 11 S.C.R. 271
Bench S.B. Sinha J.
Decided 12 October 2007

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

9 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the opinion that the allegations made in the complaint petition, even if given face value and taken to be correct in its entirety, do not disclose an offence.

Judgment, page 9

From the headnote

Code of Criminal Procedure, 1973: ss. I 90 and 482-Exercise of power under-Dispute between parties arising out of a contract of carriage-Suit with regard to the said dispute pending before High Court-Criminal complaint filed alleging breach of trust-Magistrate issuing summons-Petition for quashing summons dismissed by High Court-HELD: Breach of contract simplicitor does not constitute an offence-Allegations in complaint petition must also disclose necessary ingredients of the offence-On facts, complaint petition does not disclose any averment with regard to ingredients of offences u/ss 406

Where later benches applied it

Of those, 1 relied on · 1 referred to · 7 mentioned

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