Indian Penal Code, 1860, Section 405 -- Criminal breach of trust - Mere breach of a promise, agreement or contract does not ipso facto constitute offence u/s 405 IPC without there being clear case of entrustment...........
Indian Penal Code, 1860, Section 406, Criminal Procedure Code, 1973, Section 482 -- Criminal breach of trust - Quashing of FIR - Development agreement - Amount of Rs.1 crore paid along with development agreement cannot be said to have been entrustment of property - Even otherwise, accused not used the amount nor misappropriate it contrary to any direction of law or..........
Indian Penal Code, 1860, Section 406 -- Entrustment of streedhan articles - Issue of return of streedhan articles had prima facie remained unresolved though in matrimonial proceedings settlement arrived at between parties - Allegation of complainant about husband/A-1 not having discharged the trust vis-a-vis streedhan articles cannot be treated as time barred - Summoning..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Criminal Procedure Code, 1973, Section 438 -- Contraband - Pre-arrest bail - Entrustment of contraband for purpose of sale - Prima facie indicate that contraband was in possession of accused/petitioner and it was sold to first accused - Bail rejected...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 37(1)(b)(ii), Criminal Procedure Code, 1973, Section 438 -- Contraband - Pre-arrest bail - Entrustment of contraband for purpose of sale - In the instant case, there is sufficient material to indicate complicity of petitioner in crime - Even, there is no reasonable ground for believing that he is not guilty..........
Indian Penal Code, 1860, Section 498A, 406, 323 -- Cruelty - Entrustment of streedhan - Marriage between parties dissolved by USA Court - Husband came to India to avoid liability of maintenance as imposed by USA Court - No cogent material on record that accused while in India harassed or humiliated complainant on account of demand of dowry or treated her in such a manner..........
Family Courts Act, 1984, Section 7 -- Petition seeking a decree for return of gold ornaments etc. given to wife in connection with the marriage and entrusted to husband and his parents - Merely on the ground that wife was bearing gold ornaments at the time of marriage it cannot be held that such ornaments were entrusted to parents of husband - Unless there is sufficient..........
Family Courts Act, 1984, Section 7 -- Petition seeking a decree for return of gold ornaments etc. given to wife in connection with the marriage and entrusted to husband and his parents - Normally there cannot be a joint entrustment of money or gold ornaments with three persons, the husband and his parents, without disclosing the mode of entrustment or the identity of the..........
Indian Penal Code, 1860, Section 406, Criminal Procedure Code, 1973, Section 181(4), 201 -- Criminal breach of trust - Misappropriate of Stridhan property - Territorial jurisdiction - Entrustment of stridhan property at place `J' - No averment that it was to be returned at place `J' - No averment in legal notice sent that stridhan articles were to be returned at place `J'..........
Indian Penal Code, 1860, Section 408 -- Criminal breach of trust - Allegation that accused being President of Co-operative society, withdrawn the society funds and misappropriated the same - However, prosecution failed to lead any cogent material regarding misappropriation of cash by petitioner, even though entrustment part has been proved - Basic ingredient of S.408 IPC,..........
