Section 409 - Judgment Search Results

Sushil Kumar Bagla Vs. State

Court: Kolkata

Reported in: (2003)3CALLT470(HC),2004CriLJ171,(2003)IIILLJ510Cal

..... not sufficient to establish misappropriation for the said reason prosecution cannot also be launched under section 409 ipc 9 mr panja also relied upon observations of the apex court in paragraph 108 ..... committed the offences in question are liable to be proceeded against for offences under sections 406 and 409 it may be pertinent to mention here that mens rea like dishonest misappropriation or .....

Satish Chandra Mathur and ors. Vs. State of Rajasthan

Court: Rajasthan

Reported in: 2003CriLJ3413; RLW2003(4)Raj2482; 2003(3)WLC161

..... under the railway act cannot be prosecuted as a public servant under section 409 i p c and thus the accused were charge sheeted for ..... charge sheet was filed only under i p c offences including the section 409 ipc as the sanctioning authority declined to accused the sanction on ..... but in the present case before this court the offence under section 409 i p c is graver than the offence under the act .....

Kailash Kumar Sanwatia Vs. the State of Bihar and anr.

Court: Supreme Court of India

Reported in: AIR2003SC3714; 2003(2)ALT(Cri)378; 2003CriLJ4313; JT2003(Suppl1)SC105; 2003(7)SCALE125; (2003)7SCC399

..... placed and charges were framed against gautam bose ganaori sao and jagdish ram under section 409 read with section 34 ipc accused persons pleaded innocence they took the stand that the case ..... is incapacitated from carrying out the job that will not bring in application of section 405 ipc or section 409 ipc unless misappropriation or conversion to personal use or disposal of property is established .....

Anwar Chand Sab Nanadikar Vs. State of Karnataka

Court: Supreme Court of India

Reported in: JT2003(Suppl1)SC196; 2004(7)KarLJ557; 2003(7)SCALE576; (2003)10SCC521

..... kumar dey s case supra mere entrustment without anything else cannot establish accusations under section 409 ipc 5 section 409 ipc deals with criminal breach of trust by public servant or by banker merchant ..... criminal breach of trust 6 what amounts to criminal breach of trust is provided in section 405 ipc section 409 is in essence criminal breach of trust by a category of persons the ingredients .....

R. Sai Bharathi Vs. J. Jayalalitha and ors.

Court: Supreme Court of India

Reported in: 2004CriLJ286; 2003(4)CTC577; JT2003(9)SC343; 2003(10)SCALE68b; (2004)2SCC9

..... by a public servant the punishment is provided under section 409 ipc the properties in question belongs to tansi a corporation which is a ..... one of trustee and beneficiary therefore the ingredients of section 409 ipc are not attracted to the present case at all there is absolutely ..... 1 d of the prevention of corruption act and under section 409 ipc and for each charge a 1 was directed to suffer rigorous .....

Shri D. Ravichandran and ors. Vs. the Mylapore Hindu Permanent Fund

Court: Company Law Board CLB

Reported in: (2004)120CompCas87

..... petitioners while elaborating the facts and circumstances compelling the petitioners to invoke the provisions of section 409 of the act has submitted that the company was incorporated in the year 1872 with ..... be the president with effect from 15 04 2003 against this background the provisions of section 409 assume importance which empower the clb to prevent any change in the board of directors .....

Harbans Lal Vs. State

Court: Jammu and Kashmir

Reported in: 2003(3)JKJ646

..... by the trial court for commission of offence punishable under section 409 and 467 rpc and came to sentence him to undergo ..... sessions of 1999 the accused stood convicted for offence under section 409 rpc after holding that the prosecution has proved the charge ..... whether there were any short deposits thus the important ingredient of section 409 rpc is that as public servant the accused had been .....

Kalpesh Dineshchandra Jariwala Vs. State of Gujarat

Court: Gujarat

Reported in: 2003CriLJ2401; (2003)1GLR706

..... united states of america according to the deponent serious offence under section 409 i p c has been committed by the petitioner for ..... serious offence alleged to have been committed by the petitioner under section 409 and said offence can be said to be serious offence ..... it will adversely affect the society he also submitted that under section 409 i p c such offence attracts severe punishment of life .....

B.V. Raghavaiah Choudary and ors. Vs. the Station House Officer, Ccs, ...

Court: Andhra Pradesh

Reported in: 2004(2)ALD(Cri)200; 2003(6)ALT779

..... in the criminal breach of trust therefore the police also rightly registered a case under section 409 of ipc which deals with criminal breach of trust by the staff of the bank ..... liberty to continue the investigation it is stated that as the offences under sections 420 406 409 are coupled with section 379 of the indian penal code further investigation was not made by .....

Basanti Singha Vs. State of Assam

Court: Guwahati

..... investigated on receipt of the chargesheet the addl chief judicial magistrate karimganj held trail under section 409 ipc wherein the prosecution examined as many as five witnesses on conclusion of the trial ..... prosecution is required to establish dishonest intention in order to bring home the charge under section 409 ipc the prosecution is required to establish dishonest intention on the part of the .....