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

Court : Supreme Court of India

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

on 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 the

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

Court : Supreme Court of India

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

untenable. 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 inferred … 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

Sadhupati Nageswara Rao Vs. State of Andhra Pradesh

Court : Supreme Court of India

Subject : Criminal

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

filed 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 Price … 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

State of Punjab Vs. Pritam Chand and ors.

Court : Supreme Court of India

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)

Magistrate, 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 entrusted … 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

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

Court : Chennai

Subject : criminal

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

Reported in : 1998(1)CTC418

terminated forthwith. Accordingly the above revision is allowed. Criminal - misappropriation - Sections 405, 408 and 409 of Indian Penal Code, 1860 - accused allegedly committed offence under Section 409 by retaining public money to be disbursed to employees -

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

Court : Gujarat

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

another, reported in (2002) 1 S.C.C. 241, head-note of which reads as under.:'A. Penal Code, 1860 - Ss. 405 and 406 - Criminal breach of trust - Ingredients of - Mens rea, held, is a necessary ingredient … & others v. 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

State Vs. Dahyalal Dalpatram

Court : Mumbai

Subject : Criminal

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

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

not entitled in law to enforce fine -- Whether accused had committed offence under Section 409.;Section 409 of the Indian Penal Code, 1860, merely requires that there must be entrustment of property to a public servant and breach of the trust … 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

State Vs. Gulanchand Swarupchand and ors.

Court : Mumbai

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 -- … sent for repairs and renovations and he, therefore, filed a complaint against the accused under Section 406 of the Indian Penal Code, 1860, for criminal breach of trust in respect of the remaining amount. The accused raised a preliminary objection that

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

Court : Mumbai

Subject : Criminal

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

Reported in : 1986(3)BomCR207

the following order:Rule is made absolute.Rule made absolute. Criminal - misappropriation - Sections 405, 415 and 420 of Indian Penal Code, 1860 - whether accused liable for offence of cheating and criminal misappropriation - complainant alleged that accused in violation … 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,

Sugesan Finance Investment by Its Partner Vs. State of Karnataka by It ...

Court : Karnataka

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 200; Indian Penal Code (IPC), 1860 - Sections 405 and 406

Reported in : ILR1984KAR78

a case it is open to him to dismiss the complaint without taking cognizance of the alleged offence.;(B) INDIAN PENAL CODE, 1860 (CENTRAL ACT NO. 45 OF 1860) - Section 405 - Entrustment of property or dominion over property essential.;The