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Start Free TrialIndian 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 sectionThe Indian Penal Code 1860 Complete Act
State: Central
Year: 1860
.....1908, `India', means the territory of India excluding the State of Jammu and Kashmir. Under s. 2(e) of the Monopolies and Restrictive Trade Practices Act, 1969, `India' means for the purposes of this Act the territories to which this Act extends (i.e., whole of India except the State of Jammu and Kashmir). According to s. 2(27) of Customs Act, 1962, `India' includes the territorial waters of India. SECTION 19: "JUDGE" The word "judge" denotes not only every person who is officially designated as a Judge, but also every person, who is empowered by law to give, in any legal proceeding, civil or criminal, a definitive judgement or a judgement which, if not appealed against, would be definitive, or a judgement which, if confirmed by some other authority, would be definitive, or who is one of a body of persons, which body of persons is empowered by law to give such a judgement. Illustrations (a) A Collector exercising jurisdiction in a suit under Act 10 of 1859, is a Judge. (b) A Magistrate exercising jurisdiction in respect of a charge on which he has power to sentence to fine or imprisonment, with or without appeal, is a Judge. (c) A member of a Panchayat which has power.....
List Judgments citing this sectionIndian Penal Code (45 of 1860) Chapter 3
Title: Of Punishments
State: Central
Year: 1860
.....ten years but not for life [Repealed] Rep. by the Criminal Law (Removal of Racial Discriminations) Act, 1949 (17 of 1949) (w.e.f. 6-4-1949). Section 57 - Fractions of terms of punishment In calculating fractions of terms of punishment, 1 [imprisonment] for life shall be reckoned as equivalent to 1 [imprisonment] for twenty years. _____________________ 1. Substituted by Act 26 of 1955, section 117 and Schedule, for "transportation" (w.e.f. 1-1-1956). Section 58 - Offenders sentenced to transportation how dealt with until transported [Repealed] Rep. by the Code of Criminal Procedure (Amendment) Ad, 1955 (26 of 1955), section 117 and Schedule (w.e.f. 1-1-1956). Section 59 - Transportation instead of imprisonment [Repealed] Rep. by the Code of Criminal Procedure (Amendment) Act, 1955 (26 of 1955). section 117 and Schedule, (w.e.f. 1-1-1956). Section 60 - Sentence may be (in certain cases of imprisonment) wholly or partly rigorous or simple In every ease in which an offender is punishable with imprisonment which may be of either description, it shall be competent to the Court which sentences such offender to direct in the sentence that such imprisonment shall.....
View Complete Act List Judgments citing this sectionIndian Penal Code (45 of 1860) Chapter 12
Title: Of Offences Relating to Coin and Government Stamps
State: Central
Year: 1860
..... 2. Substituted by A.O. 1950, for the former paragraph. 3. Substituted by the A.O. 1950, for "the Queen's coin". 4. Inserted by Act 6 of 1896, section 1. Section 231 - Counterfeiting coin Whoever counterfeits or knowingly performs any part of the process of counterfeiting coin, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Explanation.--A person commits this offence who intending to practice deception, or knowing it to be likely that deception will thereby be practiced, causes a genuine coin to appear like a different coin. Section 232 - Counterfeiting Indian coin Whoever counterfeits, or knowingly performs any part of the process of counterfeiting1[Indian coin], shall be punished with2[imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. ______________________ 1 . Substituted by the A.O. 1950, for "the Queen's coin". 2 . Substituted by Act 26 of 1955, section 117 and Schedule, for "transportation for life" (w.e.f. 1-1-1956). Section 233 - Making or selling instrument for.....
View Complete Act List Judgments citing this sectionIndian Penal Code (45 of 1860) Chapter 17
Title: Of Offences Against Property
State: Central
Year: 1860
.....intends to deliver the indigo plant, and afterwards breaks his contract and does not deliver it, he does not cheat, but is liable only to a civil action for breach of contract. (h) A intentionally deceives Z into a belief that A has performed A's part of a contract made with Z, which he has not performed, and thereby dishonestly induces Z to pay money. A cheats. (i) A sells and conveys an estate to B. A, knowing that in consequence of such sale he has no right to the property, sells or mortgages the same to Z, without disclosing the fact of the previous sale and conveyance to B, and receives the purchase or mortgage money for Z. A cheats. Section 416 - Cheating by personation A person is said to "cheat by personation" if he cheats by pretending to be some other person, or by knowingly substituting one person for another, or representing that he or any other person is a person other than he or such other person really is. Explanation.--The offence is committed whether the individual personated is a real or imaginary person. Illustration (a) A cheats by pretending to be a certain rich banker of the same name. A cheats by personation. (b) A cheats by pretending to.....
View Complete Act List Judgments citing this sectionThe Societies Registration Act 1860 Complete Act
State: Central
Year: 1860
THE SOCIETIES REGISTRATION ACT 1860 THE SOCIETIES REGISTRATION ACT 1860 (Act XXI of 1860) An Act for the Registration of Literary, Scientific and Charitable Societies WHEREAS it is expedient that the provisions should be made in improving the legal condition of societies established for the promotion of literature, science or the fine arts or for the diffusion of useful knowledge, the diffusion of political education, or for charitable purposes; It is enacted as follows: SECTION 01: SOCIETIES FORMED BY MEMORANDUM OF ASSOCIATION AND REGISTRATION .- Any seven or more persons associated for any literary, scientific, or charitable purpose of for any such purpose as is described in section 20 of this Act, may, by subscribing their names to a memorandum of association, and filing the same with the Registrar form themselves into a society under this Act. '[IA. Interpretation.--In this Act, unless there is anything repugnant to the subject or context, the expression "Registrar" means the Registrar of Societies appointed under section 1-B and includes other officers appointed under the said section to exercise the powers and to perform the duties and functions of the said.....
List Judgments citing this sectionSocieties Registration Act, 1860 Complete Act
State: Kerala
Year: 1860
.....with Registrar of Joint-stock companies 19 Inspection of documents 20 To what societies Act applies SOCIETIES REGISTRATION ACT, 1860 [Act No. 21 of Yr. 1860] An Act for the registration of literary, scientific and charitable societies Whereas it is expedient the provision should be made for improving the legal condition or societies established for the promotion of literature, science, or the fine arts, or for the diffusion of useful knowledge, l [the diffusion of political education], or for charitable purposes; Comment : Charitable purposes which came within the language and spirit of the statute of Elizabeth (43 Eliz ch 4) could be grouped into four heads, (i) relief of poverty, (ii) education, (iii) advancement of religion and (iv) other purposes beneficial to the community not coming under any of the preceding heads. The words in Act 21/1860 are, therefore, to be understood as including religious purposes also. Hindu Public v. Rajdhani Puja Samithee AIR 1999 SUPREME COURT 964 It is enacted as follows :- 1. Societies formed by memorandum of association and registration Any seven or more persons associated for any literary, scientific,.....
List Judgments citing this sectionSocieties Registration Act, 1860 Complete Act
State: Punjab
Year: 1860
.....Registrar of Joint-stock companies 19 Inspection of documents 20 To what societies Act applies SOCIETIES REGISTRATION ACT, 1860 [Act No. 21 of Yr. 1860] An Act for the registration of literary, scientific and charitable societies Whereas it is expedient the provision should be made for improving the legal condition or societies established for the promotion of literature, science, or the fine arts, or for the diffusion of useful knowledge, l [the diffusion of political education], or for charitable purposes; Comment : Charitable purposes which came within the language and spirit of the statute of Elizabeth (43 Eliz ch 4) could be grouped into four heads, (i) relief of poverty, (ii) education, (iii) advancement of religion and (iv) other purposes beneficial to the community not coming under any of the preceding heads. The words in Act 21/1860 are, therefore, to be understood as including religious purposes also. Hindu Public v. Rajdhani Puja Samithee AIR 1999 SUPREME COURT 964 It is enacted as follows :- 1. Societies formed by memorandum of association and registration Any seven or more persons associated for any literary, scientific,.....
List Judgments citing this sectionIndian Penal Code (45 of 1860) Chapter 4
Title: General Exceptions
State: Central
Year: 1860
.....being ordered by that Court to arrest Y, and, after due enquiry, believing Z to be Y, arrests Z. A has committed no offence. Section 77 - Act of Judge when acting judicially Nothing is an offence which is done by a Judge when acting judicially in the exercise of any power which is, or which in good faith he believes to be, given to him by law. Section 78 - Act done pursuant to the judgment or order of Court Nothing which is done in pursuance of, or which is warranted by the judgment or order of, a Court of Justice; if done whilst such judgment or order remains in force, is an offence, ' notwithstanding the Court may have had no jurisdiction to pass such judgment or order, provided the person doing the act in good faith believes that the Court had such jurisdiction. Section 79 - Act done by a person justified, or by mistake of fact believing himself justified, by law Nothing is an offence which is done by any person who is justified by law, or who by reason of a mistake of fact and not by reason of a mistake of law in good faith, believes himself to be justified by law, in doing it. Illustration A sees Z commit what appears to A to be a murder. A, in.....
View Complete Act List Judgments citing this sectionIndian 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.....
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