Indian Penal Code, 1860, Section 420, 406 -- Cheating - Criminal breach of trust - When prosecution alleges criminal breach of trust as well as cheating and dishonestly inducing delivery of property for one single act of accused, charges become mutually destructive...........
Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - No evidence to suggest that petitioner ever received any property from complainant under such a trust - Alleged transaction pertains to sale of land, where complainant's claim is primarily based on alleged breach of a contractual agreement to execute a sale deed - This scenario does not fall within the..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 409, 462, 206, 217, 34, 37, 120B -- Quashing of FIR - Cheating - Nothing on record to show that appellant/bank or its staff members had dishonestly induced someone deceived to deliver any property to any person, and that mens rea existed at the time of such inducement - Ingredients to..........
Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - Agreement to sell executed between parties - Amount paid towards consideration cannot be said to have been entrusted with accused by complainant - Merely because accused refused to register the sale, it does not amount to misappropriation of advance amount - Since there was no entrustment of property,..........
Indian Penal Code, 1860, Section 406, 420 -- Cheating and criminal breach of trust - For the offence of cheating, dishonest intention must exist at the inception of the transaction, whereas, in case of criminal breach of trust there must exist a relationship between the parties whereby one party entrusts another with the property as per law, albeit dishonest intention..........
Indian Penal Code, 1860, Section 406 -- Ingredients to constitute the offence u/s 406 IPC are, viz. (i) Entrusting any person with property or with any dominion over property; (ii) the person entrusted (a) dishonestly misappropriating or converting to his own use that property; or (b) dishonestly using or disposing of that property or willfully suffering any other person..........
Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - Mere retention of property entrusted to a person without any misappropriation cannot fall within ambit of criminal breach of trust - Unless there is some actual use by accused in violation of law or contract, coupled with dishonest intention, there is no criminal breach of trust...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471, 406, 120B -- Quashing of proceedings - Cheating - Main allegations are levelled against co-accused and others - Only allegation against accused is that they have purchased property in question, which was attached - Nothing is brought on record that at the time when property was..........
Indian Penal Code, 1860, Section 420, 406, 34, Criminal Procedure Code, 1973, Section 482 -- Selling property at a inflated price - Dispute is purely of civil nature - Proceedings quashed...........
Indian Penal Code, 1860, Section 302, 406 -- Triple murder case - Death by burning - Motive - Allegation that accused/second wife burnt first wife and her two children in order to remove them from her marital life with A-2 - Second marriage had been registered after an arrangement for maintenance was made to first wife for only a portion of property in which all are..........
