Indian Penal Code, 1860, Section 379 -- Theft - Ingredients essential to constitute an offence of theft are : (i) dishonest intention; (ii) absence of consent; (iii) movable property; and (iv) possession of someone other...........
Indian Penal Code, 1860, Section 379 -- Theft - Neither complainant was having exclusive possession and ownership over property nor there appears any dishonest intention of accused in removing the crop from field - Unless there is prima facie material to show that property belongs to complainant which was removed by accused with a dishonest intention, no offence u/s 379..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Bharatiya Nyaya Sanhita, 2023, Section 303(2), 329(3), 351(2) -- Anticipatory bail - Theft - Dispute involved is of civil nature which has been given criminal colour by complainant - Petitioners have bona fide intention and are willing to join investigation and cooperate for furtherance of same - Anticipatory bail..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 328, 506 -- Anticipatory bail - Rape - Complainant is a married lady having two children - Accused and complainant were known to each other - Prior to registration of FIR, accused already lodged a complaint against complainant regarding theft of his mobile phone and other valuable items -..........
Indian Penal Code, 1860, Section 379, 380, 34 -- Theft - Dispute between two brothers regarding theft of a Will left by their father - Civil suit filed by accused stands dismissed and appeal against the same also dismissed - It can thus, safely be said that criminal proceedings are nothing but an abuse of process of law - Moreover, ingredients of Ss.379, 34 IPC were..........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Theft of vehicle - Incident of theft on 26.06 and FIR registered on 27.06 - Intimation given to Insurance Company on 02.07 - There was thus no breach of Condition No.1 of policy...........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Repudiation - Theft of vehicle - FIR was registered after the incident of theft and intimation was also given to insurance company - There was thus, no breach of condition No.1 - However, since driver of vehicle was negligent in leaving vehicle unattended with the key in the ignition, there is breach of..........
Consumer Protection Act, 1986, Section 23 -- Consumer complaint - Theft of passenger's money while travelling in a train - Railways cannot be held, liable for theft of passenger's belongings - Consumer complaint dismissed...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Release of electricity connection - Sought in a suit for mandatory injunction - Theft of electricity - Mere registration of FIR does not amount to any conclusive proof of theft - Electricity being a basic requirement, cannot be deprived to a consumer when allegations qua his being an..........
Indian Penal Code, 1860, Section 390 -- Robbery - Actual theft is not necessary concomitant of robbery - If in order to commit theft, actual hurt is caused or a person is put to instant fear of hurt or wrongful restraint, still it amounts to robbery...........
