Indian Penal Code, 1860, Section 409 -- Criminal Breach of trust by public servant - PW1 is not only the informant but he is the one who initiated departmental inquiry and his authority to hold inquiry after lodging FIR was questioned and criticized by defence - PW1 has only stated that transfer of fertilizer cannot be done without permission of competent authority -..........
Indian Penal Code, 1860, Section 409, Criminal Procedure Code, 1973, Section 482 -- Criminal breach of trust - Transfer of employee - Non handing over charge of godown - Sale and stock register of godown handed over by applicant to the godown incharge - List of goods stock already prepared and charge of godown handed over to Incharge of godown - Subsequent developments..........
Indian Penal Code, 1860, Section 409, 468, 471, Criminal Procedure Code, 1973, Section 439(1) - - Grant of bail - Notice to Public Prosecutor - Initial charge-sheet running into more than 268 pages - Prosecutor applied for remand of at least 2 days which was declined - Held, notice under proviso to 439 (1) implies a proper and full opportunity to prosecutor to point out as..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 420, 409, 467, 468, 471, 477A, 120B, Prevention of Corruption Act, 1988, Section 13(2) -- Bail during pendency of appeal - Conviction u/ss 120-B, 420, 409, 467, 468, 471 and 477A IPC and S.13(2) Prevention of Corruption Act - Accused being Chairman of Public Accounts Committee even after having..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 409, 420 -- Quashing of proceedings - FIR lodged by opposite party No.2 against applicant an officiating principal on the basis of allegation that she misused the funds and ousting the applicant from the post of principal in collusion with committee of management of the institution - Dismissal of..........
Indian Penal Code, 1860, Section 409, 420, 477A -- Offence u/ss 409, 420, 477A IPC - Accused cannot be simultaneously prosecuted for the offence u/s 409 as well as for the offence u/s 420 IPC - Accused discharged from the offence u/s 409 IPC - However, accused to be prosecuted for the offence u/ss 420/477A IPC...........
Indian Penal Code, 1860, Section 409, Prevention of Corruption Act, 1947, Section 5(1)(c), 5(2) -- Criminal breach of trust - Misappropriation of manure - Conviction - Sustainability - Exact quantity of receipt of manures, quantity of actual disposal and figure of actual balance not disclosed to Court - Prosecution not proved that accused had either misappropriated or had..........
Indian Penal Code, 1860, Section 409 -- Criminal Breach of Trust - Essentials to prove the offence - (i) Accused must be entrusted with some property or with any dominion or power over it; (ii) Dishonest misappropriation or dishonest use or disposal in violation of direction of law or legal contract by the accused himself or by someone else, which he willingly suffered to..........
Indian Penal Code, 1860, Section 409 -- Criminal Breach of Trust - Entrustment - Partial admission that person was in charge of godown in question would not establish a case of entrustment...........
Indian Penal Code, 1860, Section 409, 477A, Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992, Section 10, Evidence Act, 1872, Section 47 -- Breach of trust and falsification of accounts - Proof - Accused No.1, G.M. of Canbank Mutual Fund (CMF) allegedly with dishonest and fraudulent intention induced CMF to part with Rs.32.50 lakhs by..........
