Indian Penal Code, 1860, Section 420, 409 -- Cheating and criminal breach of trust - Accused company advanced loan to complainant for purchase of vehicle - Agreement of loan authorized the accused company to take possession of vehicle, if complainant made default in repayment of loan - Complainant having become defaulter, accused company sold the vehicle - Held, no offence..........
Indian Penal Code, 1860, Section 409, 406 -- Criminal breach of trust by public servant - It is provision of S.409 which applies...........
Indian Penal Code, 1860, Section 409 -- Criminal breach of trust by public servant - Ingredients of the offence u/s 409 IPC are : (1) The accused must be a public servant; (2) He must have been entrusted, in such capacity with the property; (3) He must have committed breach of trust in respect of such property...........
Indian Penal Code, 1860, Section 405, 409 -- Expression `direction of law' as in Ss.405 & 409 IPC - Includes not only legislations pure and simple but also directions, instruments and circulars issued by authority entitled therefor...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 409, 420, 471 -- Accused one of persons who conspired and cheated bank and misappropriated crores of rupees - FIR registered u/ss 409, 420, 467, 471 against accused and others - Accused granted bail by High Court after he had remained in custody for 8 months subject to his deposit of Rs.2384 lacs..........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 409 -- Bank cashier - Offence u/s 409 IPC - Sanction u/s 197 Cr.P.C. not taken - Proceedings quashed...........
Prevention of Corruption Act, 1988, Section 13(1)(d)(e), 13(2), 7, Indian Penal Code, 1860, Section 409, 420, 471 -- Illegal gratification - An employee of co-operative Bank is a `public servant' and is liable to be prosecuted for an offence under Prevention of Corruption Act...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 408, 218, 409 -- Bail - Offence u/ss 420, 467, 408, 218 & 409 IPC - Accused in jail for one and half years - High Court direction in October, 2007 to complete trial within three months - Trial not yet concluded - Bail granted...........
Indian Penal Code, 1860, Section 409 -- Offence u/s 409 IPC - Ingredients of the Offence u/s 409 IPC are : (i) The accused must be a public servant; (ii) He must have been entrusted, in such capacity, with property; (iii) He must have committed breach of trust in respect of such property...........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 467, 468, 471, 420, 34, 409, 34 -- Public servant - Sanction for prosecution - Offence u/ss 467, 468, 471, 420/34, 409/34 IPC-Offence of forgery, cheating and criminal misappropriation is not a public duty-Sanction for prosecution is not required...........