Indian Penal Code, 1860, Section 409 -- Criminal breach of trust by a public servant - Ingredients are : (1) The accused must be a public servant; (2) He must have been entrusted in such capacity with property; (3) He must have committed the breach of trust in respect of such property...........
Indian Penal Code, 1860, Section 409 -- Criminal breach of trust - Means dishonestly misappropriating the property or converting it to own use - It must be proved by the prosecution that accused dishonestly misappropriated the property or converted it to his own use or dispose of the property in violation of any direction or law...........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 409, 420 -- Public servant - Prosecution without sanction - Legality - Held, in absence of any sanction no cognizance of the offence can be taken against revisionist on the basis of charge-sheet submitted against him before trial Court - Revisionist liable to be discharged - Revision allowed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 409 -- Criminal trial - Delay and latches - Quashing of - Proceedings - Petitioner is accused of embezzlement of meager amount - Occurrence is of the year 1982 - Charge sheet was filed in the year 1993 - Investigating agency took about eleven years to finalize investigation - Charge was framed on..........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 409 -- Public servant - Sanction for prosecution - Refused - Permission granted after six years - No fresh material collected nor brought on record - Order sanctioning prosecution based on same material which was available when it was refused - Review on same material is not legally permissible -..........
Indian Penal Code, 1860, Section 419, 420, 465, 468, 471, 406, 409, Constitution of India, 1950, Article 226 -- Matter of illegal payments to no, existent schools - Accounts opened in the name of no, existent persons and fictitious withdrawal of amount of minority scholarship - Investigation by investigating agency is determinative of complicity of alleged offender -..........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 409 -- Criminal breach of trust by public servant - Grant of sanction - Held, sanction for prosecution for an offence u/s 409, IPC is not a mandate of law...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 409, 420, 120B -- Anticipatory bail - Cheating - Number of complainants/investors huge - Amount of their investments considerably rising each and every day - All complainants/investors have been raising hue and cry for having been duped of their hard earned money - Investigating agency pressing..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 409, 420 -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 419, 420, 467, 468, 471, 409, 506 -- Bail applications - Rejection of - Validity - Applicants were President, Secretary and Treasure of Housing Society - Land was sold by applicants without any proper authority - Land was sold as if land was private property of applicant "S" and not property of..........
