Dishonest misappropriation of property possessed by deceased person at the time of his death. A dishonestly sells the goods. A has committed criminal breach of trust. For the reasons mentioned above, there is no ground to interfere in the well reasoned orders passed by the learned courts below. It is only compoundable with permission of Court when the value of the property does not exceed Rs. This is also an additional factor which has to be taken into consideration. C was introduced in year 1983.
A person who pledges what is pledged to him may be guilty of offence of breach of trust. Perusal of the allegations appearing against the petitioner do not show that articles of Istridhan were even entrusted to her. The offence under section 408 is cognizable, non-bailable and compoundable when the value of the property does not exceed two hundred and fifty rupees and permission is given by the court trying the case, and is triable by magistrate of the first class. Where the accused cashier was in possession of a safe and the keys of the inner drawer were kept in the safe and the cash was removed by someone from the safe, it was quite safe to conclude that the accused was a party or privy to the taking away of the cash from the safe. You have some really great posts and I believe I would be a good asset.
It has to be established that the accused has dishonestly put the property to his own use or to some unauthorised use. However, in case of any aberrations, the Police must ensure that the children are put under the care of Child Welfare Committee If wife approaches police station with the Complaint of harassment and physical abuse by husband and relatives and at the time of complaint if Police Authorities taken Complainant wife to the Hospital for evaluating her wounds and injuries, positive medical report proving fresh injury and wounds will create situation for Police Authorities to investigate whole family by taking all of them into police custody. For application of Section 405 there must be entrustment of property. So also the uncontroverted allegations found against the appellants do not disclose the commission of the offence alleged and make out a case against the accused. A dishonestly appropriates the money.
Allegations made by the complainant that her husband used to misbehave with her, at the behest of the petitioner are totally vague, inherently improbable and unworthy of credence. So far as cruelty by the complainant is concerned, the complaint is once again vague and general. Harassment for dowery falls within the compass of a latter limb of the section. A has committed criminal breach of trust. The remarks as alleged were made by the two girls.
This is bound to make an employer much more alert, and he would now try not to commit any default in this respect. Similarly the allegation that the other accused instigated her husband is also vague and general without being specific. Criminal breach of trust by clerk or servant. Nagar, arising out of Crime No. It was held that the principal accused having died the proceeding could not survive against the second accused. The cruelty perpetuated on a women may be physical or mental. Explanation 1- A person, being an employer of an establishment whether exempted under section 17 of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 19 of 1952 or not who deducts the employees' contribution from the wages payable to the employee for credit to a Provident Fund or Family Pension Fund established by any law for the time being in force, shall be deemed to have been entrusted with the amount of the contribution so deducted by him and if he makes default in the payment of such contribution to the said Fund in violation of the said law shall be deemed to have dishonestly used the amount of the said contribution in violation of a direction of law as aforesaid.
Read More about 498a quashing-:? This is a case where there is a total absence of allegations for the offences punishable under Section 498A and Section 406 of the I. In Babaji Bin Bhau v. The petitioner was married in 1997 and since then she is living in her own matrimonial home. Section 409 of Indian Penal Code. According to section 408 of the Code, whoever, being a clerk or servant or employed as a clerk or servant, and being in any manner entrusted in such capacity with property, or with any dominion over property, commits criminal breach of trust in respect of that property, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. In the instant case, there is evidence that respondent No. The Punjab and Haryana High Court has ruled that where the money deposited by members under a chit fund scheme started by the accused company was to be utilised by the company as its own money, and the depositor members would be entitled to get back their money along with interest after a certain time, this could not be held to be an entrustment within the meaning of section 405, and if the company failed to return the deposits of some members only a civil action would lie against the company.
The title of a two popular - in English: Trickster Aunt, a 1997 remake of and in English: Mr. In the present case the facts detailed in the complaint have been noticed above. Ladies in india are increasingly misusing the anti-dowry law to harass in-laws. In absence of any provision laid down under a statute, a director of a company or an employee cannot be held vicariously liable for any offence committed by the company. The complainant has stated that from the beginning, all the accused especially accused No.
Where the contract between the government and the accused contractor stipulated that the former would supply construction material and the latter would be responsible for the construction, and the latter sold cement supplied for the purpose of construction, it was held that he had committed this offence. A dishonestly disobeys the direction and employs the money in his own business. Further the godowns being open, the entry there was unrestricted and consequently any one could just walk in and walk out, and there was thus possibility of pilferage and theft of the articles. A has committed criminal breach of trust. The further allegation that few days after the marriage the accused persons started torturing her is also vague and without details. In Janaradan Banduji Dighe v. January 29, 2019 0 Comment The law treats criminal breach of trust by a clerk or servant more severely than an ordinary criminal breach of trust.
Nagar, arising out of Crime No. Where the husband or the wife dishonestly misappropriates or converts to his or her own use the exclusive property of the other spouse, he commits the offence of criminal breach of trust. A trust is an obligation annexed to the ownership of property, and arising out of a confined reposed in and accepted by the owner, or declared and accepted by him, for the benefit of another and the owner. A dishonestly disobeys the directions and employs the money in his own business. Basically it would depend on fact situation of each case which would enable the court after reading the complaint as a whole whether allegations made therein at their face value bring out the ingredients made therein at their face value bring out the ingredients of the offence or whether these do not constitute the offence for which cognizance was taken by the magistrate and in the later case the court would be justified in quashing the complaint. But a trust implies confidence by one in another and, therefore, where a person obtains possession of some property by trickery or fraud, it cannot be said to be an entrustment under this section.