Showing : 1-10 of 105 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 405, 406-- Criminal breach of trust - Nothing either in complaint or in any material on record to the fact that any property was entrusted to accused at all which he dishonestly converted for his own use so as to satisfy ingredients of S.405 IPC punishable u/s 406 IPC - Magistrate committed serious error in..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 420, 406, 467, 468, 471, 506, Criminal Procedure Code, 1973, Section 482-- Cheating and criminal breach of trust - Accused not having title to the property but dealt with the property and on that basis complainant was induced to part with valuable consideration - These allegations whether true or not is a matter of trial - Order quashing proceedings set aside...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 406-- Criminal breach of trust - Alleged fraudulent transfer of property by A-1 to his wife, assuming it to be illegal by no stretch of imagination can constitute offence u/s 406 IPC, as property was not entrusted...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 406, Criminal Procedure Code, 1973, Section 482-- Criminal breach of trust - Quashing of FIR - Development agreement - Amount of Rs.1 crore paid along with development agreement cannot be said to have been entrustment of property - Even otherwise, accused not used the amount nor misappropriate it contrary to any direction of law or contract which..........
KERALA HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 406, 420, 34-- Criminal breach of trust and cheating - Criminal and civil proceedings - Quashing of criminal proceedings - Prima facie no case is made out u/ss 406, 420 IPC - Dispute between parties is purely of civil nature - Initiating criminal proceedings definitely amounts to an abuse of process of Court -..........
KERALA HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 406, 420-- Criminal breach of trust and cheating - Misappropriation for unlawful gain by subsequent conduct attracts an offence punishable u/s 406 IPC but dishonest intention at the time of making promise attracts an offence u/s 420 IPC...........
KERALA HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 406-- Criminal breach of trust - Every offence of criminal breach of trust of course involves a civil wrong but only if all ingredients as defined in statue are satisfied, a criminal prosecution is sustainable or justified...........
MADRAS HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 406, Criminal Procedure Code, 1973, Section 482-- Offence u/s 406 IPC - Quashing of FIR - There is no averments to the effect that there was an entertainment of property or domain over property and property has been dishonestly acquired and converted to petitioners use - Complaint lacks ingredients to make out offence of criminal breach of trust..........
MADRAS HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 406, 420-- Criminal breach of trust, cheating - Two accused fraudulently withdrawing cash from account of a company - One accused permitted another accused to withdraw cash through debit slips - Amounts to fraudulent withdrawal of cash without authorization - Conviction, held, proper...........
MADHYA PRADESH HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 506, 294, 34-- Quashing of FIR - Cheating - Criminal breach of trust - FIR of case prima facie discloses commission of cognizable offences by accused - It cannot be said that dispute in question is of purely civil in nature - Investigation of case is at initial stage - Court is thus, bound to allow investigation..........

Showing : 1-10 of 105 Results