Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Quantification of profits Benami transactions Abuse of the process of law Fraudulently allured and induced Departmental proceedings Cause of action Criminal prosecution Criminal intimidation Fraud Criminal breach of trust Civil wrong |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Benami Transactions (prohibition) Act, 1988 (45 of 1988) Indian Penal Code (45 of 1860) Code of Criminal Procedure, 1973 (2 of 1974) Prevention of Corruption Act, 1988 (49 of 1988) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Matter pertains to the permissibility of suing the accused for a civil wrong, in relation to the benami transactions, as a corollary, allowing criminal prosecution of the accused in relation to the same cause of action.HeadnotesBenami Transactions (Prohibition), Act 1988 – s. 4 – Benami transaction – Initiation of civil suit/criminal proceedings by the real owner of the benami property – Permissibility – Complainant-government teacher, previously doing real estate business, fraudulently allured and induced by the accused persons to invest in various land deals to earn high profits – Purchased properties not registered in complainant’s name despite the investments made by him and thereafter, the accused failed to deliver the plots or profits as agreed and thereby committed fraud and criminal breach of trust – Registration of FIR and filing of chargesheet – On the same set of allegations, the complainant filed civil suit against the accused persons, which is pending – Petition by the accused seeking quashing of the FIR and the chargesheet – Dismissed by the High Cour |
Judge | Honble Mr. Justice Sandeep Mehta |
Neutral Citation | 2024 INSC 416 |
Petitioner | C. Subbiah @ Kadambur Jayaraj And Others |
Respondent | The Superintendent Of Police And Others |
SCR | [2024] 5 S.C.R. 813 |
Judgement Date | 2024-05-15 |
Case Number | 2582 |
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