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Om Prakash Gupta Vs. State of U.P.
Supreme Court of India
Jan-11-1957
Criminal
Indian Penal Code (IPC) - Sections 409; Prevention of Corruption Act, 1947 - Sections 5(1) and 6; Constitution of India- Article 14
AIR1957SC458; 1957(0)BLJR502; 1957CriLJ575; (1958)IILLJ645SC
appellant by the Special 1st Class Magistrate of Nainital on April 30, 1953, under Section 409 of the Indian Penal Code. This appellant was a clerk in the Electric Department of Haldwani Municipal Board and the charge against him … appellant by the Special 1st Class Magistrate of Nainital on April 30, 1953, under Section 409 of the Indian Penal Code. This appellant was a clerk in the Electric Department of Haldwani Municipal Board and the charge
Tag this Judgment! AI Brief & AskThe State Vs. Pandurang Baburao
Mumbai
Apr-22-1955
Criminal
General Clauses Act, 1897 - Sections 26; Indian Penal Code (IPC), 1860 - Sections 409; Prevention of Corruption Act, 1947 - Sections 5(2) and 5(4); Prevention of Corruption (Amendment) Act, 1952; ;General Clauses Act, 1897 - Sections 6; Code of Criminal Procedure (CrPC) , 1898; Criminal Law Amendment Act, 1952; Constitution of India - Article 14; Statue Law; Penal Law
AIR1955Bom451; (1955)57BOMLR868
was not open to the prosecution at its own option to proceed under a particular section under the Indian Penal Code which did not require a sanction when the facts disclosed would constitute an offence -under a different section … at its own option to proceed under a particular section under the Indian Penal Code which did not require a sanction when the facts disclosed … Chagla, C.J.1. The accused was charged with having committed an offence under Section 409, Penal Code, in that in January 1951 while being in charge of the villages Harchori and Road Khandkar
Tag this Judgment! AI Brief & AskKarunakar Pradhan Vs. State of Orissa
Orissa
Aug-16-1996
Criminal
Prevention of Corruption Act, 1947 - Sections 5, 5(1) and 5(2); Indian Penal Code (IPC) - Sections 409; General Clauses Act - Sections 26
1996(II)OLR420
(2) of the Prevention of Corruption Act, 1947 (in short, 'the Act') and under Section 409 of the Indian Penal Code, 1860 (in short. 'IPC'), and sentences of rigorous imprisonment of three years on each count, imposed is the
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The Superintendent and Remembrancer of Legal Affairs, West Bengal Vs. ...
Supreme Court of India
Feb-12-1974
Criminal
Indian Penal Code (IPC) - Sections 403, 406 and 409
AIR1974SC794; 1974CriLJ678; (1974)4SCC230; [1974]3SCR348
books (Exts. 5, 8, and 9 series) and thereby committed an offence punishable under Section 409 of the Indian Penal Code, and within the jurisdiction of this Court. No other charge was framed.5. The Special Court recorded findings of … books (Exts. 5, 8, and 9 series) and thereby committed an offence punishable under Section 409 of the Indian Penal Code, and within the jurisdiction of this Court. No other charge was framed.5. The Special Court recorded
Tag this Judgment! AI Brief & AskM.V.S. Patrudu Vs. State of A.P.
Andhra Pradesh
Dec-18-1997
Criminal
Indian Penal Code (IPC), 1860 - Sections 409, 415, 420 and 477-A; Prevention of Corruption Act, 1947 - Sections 5(1 and 2)
1999(1)ALD535; 1999(1)ALT(Cri)595
relating to Rs.4,000/-and Rs.2,500/- discussed above.10. In regard to second charge for an offence under Section 420 of Indian Penal Code (for short 'IPC') it is in respect of transactions for Rs.6,000/- under second charge and Rs.2,500/- under 3rd … accused have not been made out.16. The first charge framed against the accused is for the offence under Section 409 of IPC. The offence under Section 409 IPC relates to the commission of criminal breach of trust by
Tag this Judgment! AI Brief & AskD. Venkata Rao and anr. Vs. State Rep. by S.i. of Police, Pentapadu P. ...
Andhra Pradesh
Jun-21-2000
CriminalTrusts and Societies
Indian Penal Code (IPC) - Sections 21, 129A and 409; Andhra Pradesh Co-operative Societies Act, 1964
2000(2)ALD(Cri)458; 2000(3)LS78a
the provisions of Section 161 of the Maharashtra Co-op. Societies Act, 1960 read with Section 21 of the Indian Penal Code. It is undoubtedly true that the Co-op. Societies Act has been enacted by the State Legislature and their … directed against the order of conviction and sentence passed against the petitioners convicting them for the offence under Section 409 of IPC and sentencing each of them to suffer RI for a period of 11/2 years and to … to be the public servants falling within the definition of 'public servant' as enjoined in Sec. 21 of IPC. Section 21 of IPC does not envisage the office bearer of a cooperative society to be a public servant.
Tag this Judgment! AI Brief & AskSuresh Chandra Tripathi Vs. State of Madhya Pradesh
Madhya Pradesh
Aug-22-2003
Criminal
Indian Penal Code (IPC), 1860 - Sections 409
2004(1)MPHT510
the record and heard the Counsel for the State.8. While deciding the case under Section 409 of the Indian Penal Code, the most essential ingredient is the entrustment of the property to the accused. Apart from the entrustment of … police station and thereafter the police investigated the matter and filed a charge-sheet under Section 409 of the IPC against the applicant.3. The accused was charged under Section 409 of the IPC which he abjured. According to
Tag this Judgment! AI Brief & AskJayendra C. Shah @ Jayendra Ch. Shah Vs. State of Orissa
Orissa
Nov-09-2005
Criminal
Indian Penal Code (IPC) - Sections 409, 415 and 420; Code of Criminal Procedure (CrPC) , 1973 - Sections 91, 161 and 227; Negotiable Instruments Act - Sections 14, 14(1), 14(2), 138, 141, 141(1) and 141(2)
2006CriLJ847; 2005(II)OLR737
below refused to discharge the petitioner and found prima facie case against him under Section 409/420 of the, Indian Penal Code. The learned Court also ordered 'charge be framed against the accused thereunder' and the case was accordingly posted … it relates to involvement of the present petitioner in commission of the alleged offence punishable under Sections 409/420 IPC as narrated above, more particularly keeping in view the decisions of the Apex Court on the legal position
Tag this Judgment! AI Brief & AskB. Saha and ors. Vs. M.S. Kochar
Supreme Court of India
Jul-27-1979
Criminal
Code of Criminal Procedure (CrPC) , 1898 - Sections 197, 197(1), 200 and 202; Indian Penal Code (IPC) - Sections 120B, 166 and 409; Customs Act, 1962 - Sections 155
AIR1979SC1841; 1979CriLJ1367; 1979CENCUS461D; (1979)4SCC177; [1980]1SCR111
alleging that the appellants herein, who are officers of the Customs Department, had committed offences under Sections 120B/166/409, Indian Penal Code. It was stated in the complaint as follows : The complainant was the sole representative in India of … raised by the appellants, contained a clear allegation against the appellants about the commission of an offence under Section 409, I.P.C. To elaborate, it Was substantially alleged that the appellants had seized the goods and were holding them … those goods of the complainant uptil ...have committed offences under Sections 120B/166/409 IPC.7. The Sub-Divisional Magistrate before whom the complaint had been filed, examined the
Tag this Judgment! AI Brief & AskSunil Kumar Paul Vs. State of West Bengal
Supreme Court of India
Mar-06-1964
Criminal
Indian Penal Code (IPC), 1860 - Sections 409 and 420; Code of Criminal Procedure (CrPC) , 1898 - Sections 236 and 237; West Bengal Criminal Law Amendment (Special Courts) Act, 1949 - Sections 4 and 4(2)
AIR1964SC706; 1965CriLJ630; [1964]7SCR70
Public Prosecutor.' THE SCHEDULE * * * * * 2. An offence punishable under section 409 of the Indian Penal Code, if committed by a public servant or by a person dealing with property belonging to Government as an … Public Prosecutor.' THE SCHEDULE * * * * * 2. An offence punishable under section 409 of the Indian Penal Code, if committed by a public servant or by a person dealing with property belonging to Government
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