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Home Bare Acts Phrase: misappropriateIndian Penal Code (45 of 1860) Section 403
Title: Dishonest Misappropriation of Property
State: Central
Year: 1860
.....a reasonable time to enable the owner to claim it. What are reasonable means or what is a reasonable time in such a case, is a question of fact. It is not necessary that the finder should know who is the owner of the property, or that any particular person is the owner of it; it is sufficient if, al the time of appropriating it, he does not believe it to be his own properly, or in good faith believe that the real owner cannot be found. Illustrations (a) A finds a rupee on the high road, not knowing to whom the rupee belongs. A picks up the rupee. Here A has not committed the offence defined in this section. (b) A finds a letter on the road, containing a bank note. From the direction and contents of the letter he learns to whom the note belongs. He appropriates the note. He is guilty of an offence under this section. (c) A finds a cheque payable to bearer. He can form no conjecture as to the person who has lost the cheque. But the name of the person, who has drawn the cheque, appears. A knows that this person can direct him to the person in whose favour the cheque was drawn. A appropriates the cheque without attempting to discover the owner. He is guilty of an.....
View Complete Act List Judgments citing this sectionIndian Penal Code (45 of 1860) Section 404
Title: Dishonest Misappropriation of Property Possessed by Deceased Person at the Time of His Death
State: Central
Year: 1860
Whoever dishonestly misappropriates or converts to his own use property, knowing that such properly was in the possession of a deceased person at the time of that person's decease, and has not since been in the possession of any person legally entitled to such possession, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and if the offender at the time of such person's decease was employed by him as a clerk or servant, the imprisonment may extend to seven years. Illustration Z dies in possession of furniture and money. His servant A, before the money conies into the possession of any person entitled to such possession, dishonestly misappropriates it. A has committed the offence defined in this section.
View Complete Act List Judgments citing this sectionDisaster Management Act, 2005 Section 53
Title: Punishment for Misappropriation of Money or Materials, Etc.
State: Central
Year: 2005
Whoever, being entrusted with any money or materials, or otherwise being, in custody of, or dominion over, any money or goods, meant for providing relief in any threatening disaster situation or disaster, misappropriates or appropriates for his own use or disposes of such money or materials or any part thereof or wilfully compels any other person so to do, shall on conviction be punishable with imprisonment for a term which may extend to two years, and also with fine.
View Complete Act List Judgments citing this sectionIndian Post Office Act, 1898 Section 52
Title: Penalty for Theft, Dishonest Misappropriation, Secretion, Destruction, or Throwing Away of Postal Articles
State: Central
Year: 1898
Whoever, being an officer of the Post Office, commits theft in respect of, or dishonestly misappropriates, or, for any purpose whatsoever, secretes, destroys or throws away, any postal article in course of transmission by post or anything contained therein, shall be punishable with imprisonment for a term which may extend to seven years, and shall also be punishable with fine.
View Complete Act List Judgments citing this sectionKarnataka Agricultural Produce Marketing (Regulation) Act, 1966 Section 128
Title: Liability of Members, Officers and Employees of Market Committee for Loss, Waste, Misappropriation, Etc.
State: Karnataka
Year: 1966
.....or of the Board or who is or has at any time been an officer or an employee of a market committee or Board has made any payment contrary to this Act, the rules, the regulations or the bye-laws, or has caused any deficiency in the assets of the market committee or Board by breach of trust or willful negligence or has misappropriated or fraudulently retained any money or other property belonging to the said market committee or the Board, the1[Director of Agricultural Marketing] may himself inquire or direct any subordinate officer authorised by him, by an order in writing in this behalf, to inquire into the conduct of such person. (2) Where an inquiry is made under sub-section (1), the1[Director of Agricultural Marketing] may, after giving the person concerned an opportunity of being heard, make an order requiring him to repay or restore the money or property or any part thereof, with interest at such rate, to pay contribution and costs or compensation to such extent, as the1[Director of Agricultural Marketing] may consider to be just and equitable. (3) Any person aggrieved by an order of1[Director of Agricultural Marketing] under sub-section (2) may, within sixty days from.....
View Complete Act List Judgments citing this sectionIndian Penal Code (45 of 1860) Chapter 17
Title: Of Offences Against Property
State: Central
Year: 1860
.....a reasonable time to enable the owner to claim it. What are reasonable means or what is a reasonable time in such a case, is a question of fact. It is not necessary that the finder should know who is the owner of the property, or that any particular person is the owner of it; it is sufficient if, al the time of appropriating it, he does not believe it to be his own properly, or in good faith believe that the real owner cannot be found. Illustrations (a) A finds a rupee on the high road, not knowing to whom the rupee belongs. A picks up the rupee. Here A has not committed the offence defined in this section. (b) A finds a letter on the road, containing a bank note. From the direction and contents of the letter he learns to whom the note belongs. He appropriates the note. He is guilty of an offence under this section. (c) A finds a cheque payable to bearer. He can form no conjecture as to the person who has lost the cheque. But the name of the person, who has drawn the cheque, appears. A knows that this person can direct him to the person in whose favour the cheque was drawn. A appropriates the cheque without attempting to discover the owner. He is guilty of an.....
View Complete Act List Judgments citing this sectionThe Indian Penal Code 1860 Complete Act
State: Central
Year: 1860
.....Court of Justice (including a liquidator, receiver or Commissioner) whose duty is, as such officer, to investigate or report on any matter of law or fact, or to make, authenticate, or keep any document, or to take charge or dispose of any property or to execute any judicial process, or to a administrator any oath, or to interpret, or to preserve order in the Court, and every person specially authorized by a Court of Justice to perform any of such duties; Fifth--Every juryman, assessor, or member of a Panchayat assisting a Court of Justice or public servant; Sixth--Every arbitrator or other person to whom any cause or matter has been referred for decision or report by any Court of Justice, or by any other competent public authority; Seventh--Every person who holds any office by virtue of which he is empowered to place or keep any person in confinement; Eighth--Every officer of the Government, whose duty it is, as such officer, to prevent offences, to give information of offences, to being offenders to justice, or to protect the public health, safety or convenience; Ninth--Every officer whose duty it is, as such officer, to take, receive, keep or expend any property on behalf of.....
List Judgments citing this sectionDelhi Agricultural Produce Marketing Regulation Act, 1976 Complete Act
State: Delhi
Year: 1976
.....of agricultural produce for sale in any market area or market, surveys it for ascertaining the quality., refraction, adulteration and other like factors; (u) "trader" means a person who buys or sells agricultural produce as a principal or as duly authorised agent of one or more persons. (2) If any question arises as to whether a person is or is not an agriculturist for the purposes of this Act, the matter shall be referred to the Director who shall decide the same. Section3 Notification of intention of regulating marketing of agricultural produce in specified area Section (1) The Administrator may, by, notification, declare his intention of regulating the marketing of such agricultural produce, and in such area, as may be specified in the notification in accordance with the provisions of this Act. (2) The notification may also be published in any newspaper published in the regional language and circulating in the area specified under sub-section (1), or in such other manner as, in the opinion of the Administrator, is best calculated to bring to the notice of persons in that area , the intention aforesaid. (3) The notification shall state that any objections.....
List Judgments citing this sectionCode of Criminal Procedure, 1898 Complete Act
State: Central
Year: 1898
.....as such Magistrate, exercised the powers of an Assistant Sessions Judge, he may be invested with the powers under this section notwithstanding the fact that he has not exercised the powers of Magistrate of the first class for not less than ten years." Act 19 of 1969, Section 3 and Schedule, Item 14 (in Delhi on 2-10-1969). WEST BENGAL In its application to the State of West Bengal, for Section 30, substitute the following, namely: "30. Offences punishment with imprisonment not exceeding seven years.-Notwithstanding any thing contained in Section 28 or Section 29, the State Government may, in consultation with the High Court, invest any Judicial Magistrate of the first class with power to try as a Magistrate all offences not punishable with death or with imprisonment for life or with imprisonment for a term exceeding seven years : Provided that no Judicial Magistrate of the first class has, prior to his appointment as such powers unless he has, for not less than ten years, exercised powers not inferior to those of a Judicial Magistrate of the first class : Provided further that if any Judicial Magistrate of the first class has, prior to his appointment as such Magistrate,.....
List Judgments citing this sectionThe Code of Criminal Procedure, 1973 Complete Act
State: Assam
Year: 1973
.....faith in his aid and under his direction, to make such an examination of the person arrested as is reasonably necessary in order to ascertain the facts which may afford such evidence, and to use such force as is reasonably for that purpose. (2) Whenever the person of a female is to be examined under this section, the examination shall be made only by, or under the supervision of, a female registered medical practitioner. Explanation.-In this section and in section 54, "registered medical practitioner" means a medical practitioner who possesses any recognized medical qualification as defined in clause (h) of section 2 of the Indian Medical Council Act, 1956 ( 102 of 1956) and whose name has been entered in a State Medical Register. 54. Examination of arrested person by medical practitioner at the request of the arrested person. When a person who is arrested, whether on a charge or otherwise alleges, at the time when he is produced before a Magistrate or at any time during the period of his detention in custody that the examination of his body will afford evidence which will disprove the commission by him of any offence or which will establish the commission by any other.....
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