Indian Penal Code, 1860, Section 411, 120B, Prevention of Corruption Act, 1988, Section 5(2) -- Illegal gratification, criminal breach of trust and criminal conspiracy - In conspiracy with others misappropriation of cement bags of Govt. for personal gains - Witness not supporting earlier version of complainant - Driver and cleaner of truck not supporting prosecution case -..........
Contempt of Courts Act, 1971, Section 2 -- Criminal contempt - Telegraphic communication sent by contemnor contains four biddings - First is command hurled at CJI to step down forthwith from constitutional office - Second is that if command is not obeyed forthwith, CJI would be described as an offender having committed offences of cheating and falsification of records and..........
Agreement to sell -- Subsequent transfer - Subsequent transferee with notice holds property in trust for prior agreement holder - Prior agreement holder cannot automatically become the owner by seeking declaratory relief - He has to file suit for specific performance impleading both vendor and subsequent transferee. (Transfer of Property Act, 1882, S.40, 52, Indian Trusts..........
Indian Penal Code, 1860, Section 405 -- Expln. 2, S.406 r/w S.40(2) of Employees State Insurance Act, 1948 - Criminal breach of trust - Failure to remit contribution - Liability of Directors of Company - 'Principal employer' - Directors not covered by definition principal employer when company itself owns factory - Definition of `principal employer' not incorporated in..........
Trust -- Religious and charitable endowment - Governed by Hindu Law and not by Indian Trusts Act - Once validly created is irrevocable-Donor divested of property - Subsequent acts and conduct of donor - Cannot re-invest donor with that property - Valid endowment once created cannot be revoked...........
Punjab Security of Land Tenures Act, 1953, Section 9(1), 14A(1) -- Ejectment application by President of Trust - Remaining trustees did not join ejectment application - President of Trust fully competent to file application for ejectment against tenant - Indian Trusts Act (2 of 1882), Section 48...........
Indian Penal Code, 1860, Section 408, Evidence Act, 1872, Section 34 -- Criminal breach of trust - Entrustment - Proof - Entry in books of account shows that a sum of Rs.7,000/- was given to appellant for being taken to head office - Prosecution did not examine anyone even to show that books of account were regularly kept in the course of business nor indeed was any..........
