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Sep 27 2011

M/S thermax Ltd, and ors. Vs. K.M. Johny, and ors.

Court : Supreme Court of India

Decided on : Sep-27-2011

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 405, 420, 156(3), 420, 406 rw 34,; Code of Criminal Procedure (CrPC), [Cr.P.C.] - Section 156(3), 482, 200; Industrial Disputes Act, 1947 - Section 32; Negotiable Instruments Act, 1881 - Section 141

He further pointed out that the essential ingredients for an offence under Sections 405 and 420 of the Indian Penal Code, 1860 (in short `IPC') have not been made out, no such dishonest intention can be seen or even … finding that the complaint petition did not disclose necessary ingredients of criminal breach of trust as mentioned in Section 405 IPC and also pointing out the ingredients of offence under Section 406 IPC, interfered with the order passed

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Aug 03 2012

Sadhupati Nageswara Rao Vs. State of Andhra Pradesh

Court : Supreme Court of India

Decided on : Aug-03-2012

Subject : Criminal

Acts : Indian Penal Code(IPC), 1860 - Section 405, 406, 409, 420

by the appellant herein and confirmed the conviction and sentence imposed upon him under Section 409 of the Indian Penal Code, 1860 (hereinafter referred to as IPC) by the trial Court.3) Brief facts: (a) The appellant was the Fair … the accused has committed criminal breach of trust. What amounts to criminal breach of trust is provided under Section 405 IPC. The basic requirement to bring home the accusations under Section 405 are the requirements to prove conjointly

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Feb 11 2009

State of Punjab Vs. Pritam Chand and ors.

Court : Supreme Court of India

Decided on : Feb-11-2009

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 405, 406 and 415; Code of Criminal Procedure (CrPC) , 1973 - Sections 482

Reported in : 2009(57)BLJR965; 2009CriLJ1742; 2009(2)SCALE457; 2009(2)LC730(SC)

Ist Class, Samana. The respondents were charged for alleged commission of offence punishable under Section 406 of the Indian Penal Code, 1860 (in short the `IPC'). They were partners of one Jagdamba Rice Mills to whom the paddy was … he had entered into relating to carrying out of the trust.5. Criminal breach of trust is defined in Section 405 IPC. The ingredients of offence under Section 405 are (i) entrusting any person with property or with dominion

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Apr 19 2004

Remo Marketing Pvt. Ltd. Thro. Its Director Jiten Jagvir Vs. State of ...

Court : Gujarat

Decided on : Apr-19-2004

Subject : Criminal

Acts : Constitution of India - Article 226; Code of Criminal Procedure (CrPC) , 1973 - Sections 154, 155, 157, 190, 200, 202, 203, 204 and 482; Prevention of Corruption Act - Sections 5(1); Prize Chits and Money Circulation Schemes (Banning) Act, 1978 - Sections 2, 3, 4 and 5; Indian Penal Code (IPC), 1860 - Sections 120B, 405, 406, 415, 417 and 420

Reported in : (2004)3GLR2008

241, head-note of which reads as under.:'A. Penal Code, 1860 - Ss. 405 and 406 - Criminal breach of trust - Ingredients of - Mens … alleged cause of bouncing of the cheque of Rs.623/- only punishable under Sections 406, 420 and 120-B of Indian Penal Code and Sections 3, 4 and 5 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978. On … cheque of Rs.623/- only punishable under Sections 406, 420 and 120-B of Indian Penal Code and Sections 3, 4 and 5 of the Prize Chits … State of UP and another, reported in 1999(2) Crimes 162, head-note of which reads as under.:'Indian Penal Code, 1860-Section 420 and Section 120-B-Petition to quash summoning order for offences in complaint - At the stage of summoning

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Dec 10 1997

Rajendran Vs. State by Sub-inspector of Police, Thiruvarur

Court : Chennai

Decided on : Dec-10-1997

Subject : criminal

Acts : Indian Penal Code (IPC), 1860 -- Sections 405, 408 and 409

Reported in : 1998(1)CTC418

- misappropriation - Sections 405, 408 and 409 of Indian Penal Code, 1860 - accused allegedly committed offence under Section 409 by retaining public money … the Court of Sessions, Nagapattinam. He was charged and tried for an offence under section 409 of the Indian Penal Code and at the end of the trial, he was found guilty for the said offence and sentenced to … week later by itself, would not amount to the accused committing the offence under section 409 of the IPC. In other words, the submission of the learned counsel for the revision petitioner is that the element of

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Mar 03 2008

K.L.E. Society and ors. Vs. Siddalingesh

Court : Supreme Court of India

Decided on : Mar-03-2008

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 155(2), 156(1) and 482; Industrial Disputes Act, 1947 - Sections 33C(2); Indian Penal Code (IPC), 1860 - Sections 34, 403, 405 and 415

Reported in : AIR2008SC1702; JT2008(3)SC410; 2008(3)KarLJ393; 2008(3)SCALE490; (2008)4SCC541; 2008AIRSCW1993; (2008)2SCC(Cri)455; 2008(3)AIRKarR233

13.1.2006 alleging commission of offence punishable under Section 403, 405 and 415 read with Section 34 of the Indian Penal Code, 1860 (in short 'IPC'). The learned Judicial Magistrate took cognizance and issued process. The same was questioned by

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Apr 25 1984

Gulam Dastagir Khan S/O. Gulzar Khan, Advocate and ors. Vs. Aziz Ahmed ...

Court : Mumbai

Decided on : Apr-25-1984

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 197(1); Indian Penal Code (IPC), 1860 - Sections 34, 120, 405, 406, 409, 464, 418, 420 and 465; Wakf Act, 1954 - Sections 18, 36A and 66

Reported in : 1984(2)BomCR729

offences under sections 405, 406, 409, 464, 418, 420, 465 read with sections 34 and 120 of the Indian Penal Code. The complaint was filed on 11-7-1979.2. According to the complainant, the lands Survey Nos. 57 and 60 situated … offences under sections 405, 406, 409, 464, 418, 420, 465 read with sections 34 and 120 of the Indian Penal Code. The complaint was filed on 11-7-1979.2. According to the complainant, the lands Survey Nos. 57 and … the meaning of section 21 of the Indian Penal Code (45 of 1860).'Reading of this section leaves no doubt that the members duly appointed to

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Jan 05 1959

State Vs. Dahyalal Dalpatram

Court : Mumbai

Decided on : Jan-05-1959

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 405 and 409

Reported in : (1959)61BOMLR885; 1960CriLJ217; AIR 1960 Bom 53

of this report. Ed.) (15) Appeal allowed. Indian Penal Code (XLV of 1860), Sections 409, 405 - Accused collecting amount of fine from landholder in … Pal Singh v. The State, : AIR1957All122 . (10) We are unable to agree with the learned Judge. Section 405 of the Indian Penal Code defines the offence of criminal breach of trust,and in so far as it … who was conviced by the Judicial Magistrate, First Class, Radhanpur, of an offence under S. 409 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for two months and to pay a fine of Rs. 200/-. (2) … Magistrate, First Class, Radhanpur, of an offence under S. 409 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for two months and

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Mar 13 1961

State Vs. Gulanchand Swarupchand and ors.

Court : Mumbai

Decided on : Mar-13-1961

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC), 1898, Sections 181(2); ;Indian Penal Code (IPC), 1860 - Sections 405 and 406

Reported in : AIR1962Bom78; (1961)63BOMLR609; ILR1962Bom198

and the complaint is directed to be dismissed.(8) KE/VBB. (9) Application allowed. Indian Penal Code (Act XLV of 1860), Section 405 - Trust registered under Bombay Public Trusts Act, 1950 -- Accused managing trust property situated at Rajasthan -- … the firm's moneys and falsified the accounts. A complaint of offence under Ss. 405 and 477A of the Indian Penal Code having been filed against him in Bombay.'It was held:'That the Bombay Court had no jurisdiction to try the … accounts. A complaint of offence under Ss. 405 and 477A of the Indian Penal Code having been filed against him in Bombay.'It was held:'That the

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Nov 06 1985

Ubaidulla Abdul Aziz Farid Vs. SharafuddIn Abdul Fakih and ors.

Court : Mumbai

Decided on : Nov-06-1985

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 405, 415 and 420

Reported in : 1986(3)BomCR207

- misappropriation - Sections 405, 415 and 420 of Indian Penal Code, 1860 - whether accused liable for offence of cheating and criminal misappropriation - … also discloses offence of criminal breach of trust. In this connection, Mr. Kamat has invited my attention to section 405 of the Indian Penal Code. Section 405 in so far as it is material reads as follows :'Whoever, … filed by the complainant for the offences punishable under section 406 and 420 r/w section 34 of the Indian Penal Code. The case of the complainant as disclosed in the complaint is as follows:In 1974, the complainant was working … offences punishable under section 406 and 420 r/w section 34 of the Indian Penal Code. The case of the complainant as disclosed in the complaint

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