Indian Penal Code, 1860, Section 420, 415 -- Cheating - Breach of terms of agreement - No allegations as to deception or dishonest intention - Also there is no allegation that complainant as a consequence induced to deliver any property or to consent that any person shall retain any property or that he was deceived to do or omit to do anything which he would have not done..........
Indian Penal Code, 1860, Section 405 -- Criminal breach of trust - Two ingredients are : (i) entrusting any person with property, or with any dominion over property; and (ii) the person entrusted dishonestly misappropriates or converts to his own use that property to the detriment of the person who entrusted it...........
Indian Penal Code, 1860, Section 405 -- Criminal breach of trust - Breach of contractual terms - Does not ipso facto constitute the offence of criminal breach of trust without there being a clear case of entrustment - When no element of entrustment is prima facie established then offence of criminal breach of trust is not ex facie made out...........
Criminal Procedure Code, 1973, Section 122(1)(b) -- Breach of bond conditions - Imprisonment in default of security - Magistrate passed the order of cancellation of security bond and ordered to detain petitioner till expiry of bond period - However, in said order Magistrate has not even stated as to whether any summons for production of accused was issued, whether..........
Civil Procedure Code, 1908, Section 92(1) -- Suit u/s 92 CPC - In order to maintain a suit u/s 92 CPC, persons applying should show existence of a public charitable or a religious Trust or a purpose - There should be a clear breach of terms of Trust - Such a petition could be filed by two persons interested in the affairs of Trust...........
Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - Goods entrusted with the Company - Managing Director of company cannot be prosecuted without company as an accused - Entrustment of goods being with the company alone, in the absence of any specific overt act on the part of Managing Director, no offence u/s 406 IPC can be made out against Managing Director..........
Wild Life (Protection) Act, 1972, Section 33 -- Damages - Discharge of effluent in National Sanctuary - Nothing on record to indicate that before imposing damages of Rs.10 Crores any show cause notice was issued to the writ petitioners - Neither respondents was given any opportunity of hearing by authorities concerned - Imposing damages of Rs.10 Crores, thus can be said to..........
Civil Procedure Code, 1908, Section 92, Order 1, Rule 8 -- Distinction between suit filed u/s 92 CPC and O.1.R.8 CPC - Prior permission of Court is mandatory for a suit to be instituted u/s 92 CPC and in a suit U.O.1.R.8 CPC leave can be granted post institution of suit - Suit u/s 92 CPC can only be maintained where it relates to public charitable and religious trust and..........
Indian Penal Code, 1860, Section 406, 420, Criminal Procedure Code, 1973, Section 482 -- Cheating and criminal breach of trust - Suppression of facts - Moreover development agreement itself is taking care of interest of both the parties and giving rise for specific performance or recovery to the other side, action of issuing process is wrong - Dispute civil in nature -..........
Indian Penal Code, 1860, Section 405 -- Criminal breach of trust - Sine quo non for attracting provision of S.405 IPC is entrustment of property with accused...........
