Indian Penal Code, 1860, Section 420, 415, 418, 405, 406, 34, Criminal Procedure Code, 1973, Section 482 -- Cheating - Breach of contract would not attract breach of trust or cheating - Merely for breach of contract, criminal proceedings would not lie and the remedy in case of breach of trust is to sue for damages - Proceedings quashed...........
Indian Penal Code, 1860, Section 420, 406 -- Cheating - Quashing of proceedings - Dispute purely civil in nature given colour of criminal prosecution alleging fraud and criminal breach of trust by misusing the tool of criminal law - Necessary ingredients of the offences punishable u/s 406 and 420 IPC not made out against accused appellants from the admitted allegations set..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Tarnishing the public image of husband and his family at his work place and also in their relatives, amounts to damage of their respect and it is obvious for husband at the suffering end to lose trust and respect for wife - Divorce granted...........
Will -- Probate - Trust property - Appellant was appointed as Chairman/Caretaker Trustee as mentioned in Will - It was clearly mentioned in the Will that appellant being the Caretaker Trustee would enforce the Will by appointing the trustee from the family of testator - Appellant being Caretaker Trustee as well as Chairman of trust, has right to seek probate of Will for..........
Indian Penal Code, 1860, Section 406, 420 -- Cheating and criminal breach of trust - For the offence of cheating, dishonest intention must exist at the inception of the transaction, whereas, in case of criminal breach of trust there must exist a relationship between the parties whereby one party entrusts another with the property as per law, albeit dishonest intention..........
Indian Penal Code, 1860, Section 409 -- Criminal breach of trust - Secretary of a Sadhan Sahkari Samiti is not an agent of Government - No allegation that petitioner was agent of complainants - Offence u/s 409 IPC held, not made out against accused who is Secretary of a Sadhan Sahkari Samiti - Offence committed by accused at the most u/s 405 IPC punishable u/s 406 IPC -..........
Indian Penal Code, 1860, Section 406 -- Ingredients to constitute the offence u/s 406 IPC are, viz. (i) Entrusting any person with property or with any dominion over property; (ii) the person entrusted (a) dishonestly misappropriating or converting to his own use that property; or (b) dishonestly using or disposing of that property or willfully suffering any other person..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Trust - Plea that no prosecution u/ss 138, 141 of the Act lies against Trust - Plea cannot be sustained and the same repelled...........
Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - Mere retention of property entrusted to a person without any misappropriation cannot fall within ambit of criminal breach of trust - Unless there is some actual use by accused in violation of law or contract, coupled with dishonest intention, there is no criminal breach of trust...........
Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - Cheques were entrusted with accused in terms of collective decision taken by General Body of Union - No case of prosecution that said cheques were dishonestly misappropriated by accused contrary to terms of an obligation imposed - Cheques were seized by police and same has been produced before Magistrate -..........
