Indian Penal Code, 1860, Section 409, Criminal Procedure Code, 1973, Section 482 -- Criminal breach of trust by public servant - Quashing of Charge sheet - Only charge against accused is that fund which was misappropriated by co-accused was deposited in his account - Accused failed to explain as to how and under what circumstances huge amount was deposited in his account -..........
Suits Valuation Act, 1887 -- Suit property was purchased by plaintiff out of the proceeds of joint family property - Presumption arises that it was a joint property - Burden was on plaintiff to establish that suit property was acquired by him without aid of joint family funds which he failed to discharge - Moreover, plaintiff himself is not having any document on the basis..........
Civil Procedure Code, 1908, Section 92 -- Suit against trust - Leave to file suit - Permissibility - Trust deed was executed in favour of respondents - Purpose of transferring the property is for development of Hindi Language and opening a library - Property gifted for a lawful purpose i.e a trust - Respondents not taking any interest in achieving the purpose for which..........
Civil Procedure Code, 1908, Section 92, Order 1, Rule 8 -- Representative suit for possession and mandatory injunction - Suit for declaration that schedule property belongs to trust - Suit ought to have been either on behalf of deity or if proper reliefs are claimed in terms of S.92 CPC in relation to management and securing property, it should have gone u/s 92 of CPC...........
Civil Procedure Code, 1908, Section 2(2), Order 1, Rule 8 -- Representative suit for possession and mandatory injunction - Suit for declaration that schedule property belongs to trust - No reliefs purely declaratory in nature could have been granted in an ill-constituted appeal and cross objection - Decree as such passed by Trial Court, would only confuse matter relating..........
Civil Procedure Code, 1908, Order 3, Rule 1, 2 -- Power of attorney - Executed for management of property of plaintiff, but he nowhere authorized attorney holder to suffer a consent decree of his land in favour of anyone - Suffering of consent decree by attorney holder of a major chunk of land owned by plaintiff in favour of nephew of plaintiff, cannot be said to be an act..........
Indian Penal Code, 1860, Section 448 -- Criminal trespass - Quashing of order taking cognizance - Allegation against petitioner of forging lease deeds in relation to property of trust are false in view of final report which is accepted by Trial Court, thus allegation of criminal trespass against petitioner cannot be sustained, as possession of building of trust has been..........
Indian Penal Code, 1860, Section 409, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Accused being a director of company allegedly committed forgery, breach of trust and criminal misappropriation of company funds by engaging consultants for creating separate and independent company on website - However, in the absence of any act in..........
National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999, Section 13 -- Appointment of Guardian - Application for - Petitioner is lying in comatose position and is unable to look after her affairs - Daughter of petitioner seeking appointment as guardian - No objection given by estranged husband and son of..........
Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - Paramount ingredient of offence u/s 406 IPC is that there wasentrustment of property with accused and he having dominion over such property dishonestly misappropriated or converted that property for his own use...........
