Criminal Procedure Code, 1973, Section 62, 71, Indian Penal Code, 1860, Section 406, 34 -- Criminal Breach of trust - Conviction - Legality of - Offence purely of technical nature - Amount involved also not very huge and later on paid within very short time - Petitioners or other accused not in any manner contributed for delay - Magistrate passed orders without application..........
Benami Transactions (Prohibition) Act, 1988, Section 4(3) -- Fiduciary capacity - Not capable of a precise definition - It implies a relationship that is analogous to the relationship between a trustee and the beneficiaries of the trust - The expression is in fact wider in its import for it extends to all such situations as place the parties in positions that are founded..........
Benami Transactions (Prohibition) Act, 1988, Section 4(3) -- Fiduciary capacity - In determining whether a relationship is based on trust or confidence, relevant to determining whether they stand in a fiduciary capacity, the Court shall have to take into consideration the factual context in which the question arises for it is only in the factual backdrop that the..........
Indian Penal Code, 1860, Section 409, 477A -- Breach of trust - Misappropriation of money - Petitioner was public servant at the relevant time - He was entrusted with the money of depositors - He has falsified the account books to defraud depositors and account books were in possession of petitioner - Held, petitioner acted fraudulently and misappropriated the money -..........
Civil Procedure Code, 1908, Section 92 -- Trust property - Proof of - A combined reading of all the documents clearly proves that defendants No.1 and 4 had been acting as trustees of the trust created by Rani Indumati Ji and that the property in question was a trust property, which was let out to the Home Guard Department and it was not a self acquired property of..........
Contributory Negligence -- Fast unto death by Baba Ramdev and his supporters at Ramlila Maidan - Forcible eviction and dispersion of persons by Police at midnight by lathi charge - Held, respondent No.4 is guilty of contributory negligence - Due to the stature that Baba Ramdev enjoyed with his followers it was expected of him to request the gathering to disperse..........
Indian Penal Code, 1860, Section 406, 420 -- Criminal breach of trust, cheating, mis-appropriation - Arbitration clause in agreement - Not a ground to quash the charges framed against the accused - Jurisdiction of criminal Courts and arbitral tribunals are entirely different and distinct...........
Indian Penal Code, 1860, Section 406, 420, Criminal Procedure Code, 1973, Section 468, 472 -- Criminal breach of trust, cheating, mis-appropriation - Continuing offence - Item entrusted not returned till date - Offence is continuing one - A fresh period of limitation begins to start at every moment of the time, during which, the offence, continues as envisaged u/s 472..........
Indian Penal Code, 1860, Section 376(2)(f),302 -- Rape and murder of 12 years girl - Sentence - As per evidence, child adduced had accompanied appellant in trust - Child evidently was one who succumbed to lure/inducement of a toffee being offered to her - Appellant, who had acquaintance with parents of child had evidently taken advantage of that relationship to commit..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 405 -- Criminal breach of trust - Quashing of charges - File in question was taken by petitioner in good faith from respondent for the purpose of reconciling accounts - Same was never returned despite repeatedly asking by complainant - Held, ingredient of entrustment fulfilled - Charges framed..........
