Showing : 11-20 of 63 Results

GAUHATI HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 406, Criminal Procedure Code, 1973, Section 181(4), 201-- Criminal breach of trust - Misappropriate of Stridhan property - Territorial jurisdiction - Entrustment of stridhan property at place `J' - No averment that it was to be returned at place `J' - No averment in legal notice sent that stridhan articles were to be returned at place `J' - Held, Court..........
GAUHATI HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 406-- Criminal breach of trust - Misappropriate of Stridhan property - Continuing offence - So long as stridhan property remains in the hands of accused persons, offence of criminal breach of trust continues to take place and fresh period of limitation shall begin to run...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 120B-- Quashing of complaint - Offence u/ss 420, 406, 120-B IPC - Gold given at time of marriage to woman is her Istri Dhan and there is no question of breach of trust or cheating as married woman is absolute owner of Istri Dhan property and can deal it with any manner - Prima facie no offence made out..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 120B-- Quashing of FIR - Cheating - Wrong entries in the mutation record - Mutation entries are fiscal entries and do not create any right in the property - Criminal prosecution for the same amounts to abuse of process of law - FIR quashed - Petition allowed...........
MADHYA PRADESH HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 406, 506, 34, Criminal Procedure Code, 1973, Section 482-- Agreement to sell - Owner of property refusing to execute sale deed and at the same time refusing to refund the amount so received by him - It cannot be said that allegations are predominantly of civil in nature - Criminal intent on the part of accused is involved in the case...........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 311, Indian Penal Code, 1860, Section 498A, 406, 307, 34-- Recalling of witness - Offence u/ss 498-A, 406, 307, 34 IPC - Evidence of victim is of utmost significance, as she being material witness and sufferer of cruelty and harassment at the hands of accused for their unlawful demand of property or valuable security - Medical condition of victim is grave..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 411, 465, 467, 468-- Quashing of FIR - Cheating - Property dispute - Sale deed in question executed by accused in favour of complainant`s wife and she further executed same in favour of third party - Title was clear - No case of misrepresentation - Contention of complainant that some loss has occurred due to sale of..........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 406-- Criminal breach of trust - Paramount ingredient of offence u/s 406 IPC is that there wasentrustment of property with accused and he having dominion over such property dishonestly misappropriated or converted that property for his own use...........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 420, 406, 384, 120B-- Offence u/ss 420, 406, 384, 120-B IPC - Case of breach of contract - Neither there is any dishonest intention at the inception nor any threat was ever given prior to delivery of property - Even offence of conspiracy is not proved - Essential ingredients of alleged offences missing in case - Prima..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 406-- Criminal breach of trust - Prosecution must prove : (i) that the accused was entrusted with property or with dominion over it and (ii) that he (a) misappropriated it, or (b) converted it to his own use, or (c) used it, or (d) disposed of it - The gist of the offence is misappropriation done in a..........

Showing : 11-20 of 63 Results