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Judgment Search Results Home > Cases Phrase: misappropriation of property criminal Page 1 of about 7,307 results (0.069 seconds)

May 03 2013 (SC)

Manga @ Man Singh Vs. State of Uttarkakhand

Court : Supreme Court of India

..... stolen property and cheating.41. while referring to the offence of mischief, sections 435 to 438 deals with mischief by fire or any explosive substance with the intent ..... learned senior counsel. mischief and criminal trespass fall under chapter xvii. the caption of the said chapter is of offences against property . the offences dealt with in the said chapter are governed by sections 378 to 462. the offences dealt with apart from mischief and trespass are theft, extortion, robbery, dacoity, dacoity with murder, misappropriation of property, criminal breach of trust, dealing with ..... the execution of any law, or of any legal process; or third to commit any mischief or criminal trespass, or other offence; or fourth - by means of criminal force, or show of criminal force, to any person, to take or obtain possession of any property, or to deprive any person of the enjoyment of a right of way, or of the use ..... to destroy a house or other properties or to destroy or make unsafe a decked vessel etc., for which imprisonment for life or a term which may .....

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May 03 2013 (SC)

Manga @ Man Singh Vs. State of Uttarakhand

Court : Supreme Court of India

..... stolen property and cheating. 41. while referring to the offence of mischief, sections 435 to 438 deals with mischief by fire or any explosive substance with the intent ..... learned senior counsel. mischief and criminal trespass fall under chapter xvii. the caption of the said chapter is of offences against property. the offences dealt with in the said chapter are governed by sections 378 to 462. the offences dealt with apart from mischief and trespass are theft, extortion, robbery, dacoity, dacoity with murder, misappropriation of property, criminal breach of trust, dealing with ..... execution of any law, or of any legal process; or third to commit any mischief or criminal trespass, or other offence; or fourth - by means of criminal force, or show of criminal force, to any person, to take or obtain possession of any property, or to deprive any person of the enjoyment of a right of way, or of the use ..... to destroy a house or other properties or to destroy or make unsafe a decked vessel etc., for which imprisonment for life or a term which .....

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Apr 23 2010 (SC)

A.P.T. Ispat Pvt. Ltd. Vs. U.P. Small Industrial Corporation Ltd. and ...

Court : Supreme Court of India

..... directors of the appellant company entered into a conspiracy amongst themselves and with the staff of the corporation and committed various offences, e.g. dishonest misappropriation of property, criminal breach of trust, cheating, theft, etc.8. in fairness to the appellant it may be stated here that it has its own story to ..... is set aside and the impugned recovery certificates are quashed.20. it is made clear that this judgment shall not in any way affect the criminal case instituted against the directors of the appellant company and it will proceed on its own merits and in accordance with law. this judgment shall ..... or the monetary value of goods taken away in course of theft or dacoity or lost as a result of dishonest appropriation or any other alleged criminal action.17. for the reasons discussed above, we are of the view that in the facts of this case the two impugned recovery certificates are ..... course of business. a reference to the fir makes it clear that according to the corporation the goods were taken away by the appellant in a criminal action constituting a number of offences under the penal code. the u.p. public moneys (recovery of dues) act, 1972 was clearly not intended ..... the senior police officer, kanpur nagar, kanpur. on the basis of the written report, a first information report was instituted giving rise to a substantive criminal case under various sections of the penal code against the persons named in it. in the written report it was stated that since the year 1994- .....

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Jan 20 2003 (SC)

U. Dhar and anr. Vs. the State of Jharkhand and anr.

Court : Supreme Court of India

Reported in : AIR2003SC974; 2003(51)BLJR659; 2003CriLJ1224; [2003(1)JCR266(SC)]; JT2003(1)SC172; 2003(1)SCALE333; (2003)2SCC219; [2003]1SCR447

..... be said that there is any dishonest intention on the part of appellants nor it can be said that tcpl or the appellants have misappropriated or converted the movable property of the complainant to their own use. since the basic ingredients of the relevant section in the indian penal code are not satisfied, ..... tcpl under its contract with the latter, it will not give rise to plea of misappropriation of money because that money is not money or movable property of the complainant.7. further section 403 uses the words 'dishonestly' and 'misappropriate'. these are necessary ingredients of an offence under section 403, ipc. neither of these ..... due under the contract. the complainant has alleged that tcpl has already received the money from sail for the worth in question and it has misappropriated the same for its own use instead of paying it to the complainant and it is for this reason that the offences are alleged under sections ..... jurisdiction. according to the learned counsel for the appellants, the controversy relates to purely a civil dispute regarding payment of money and no case for criminal complaint for the alleged offences is made out. we have been taken through the complaint as well as out attention has been drawn to the impugned ..... is allowed. the impugned orders of he high court as well as of chief judicial magistrate are hereby ordered to be quashed.criminal appeal no. of 2003 @ slp (crl) no. 2698/2002:9. leave granted.10. in view of the above judgment, this appeal is also allowed. .....

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May 22 1925 (PC)

Jagannath Prasad and anr. Vs. Jugul Kishore and ors.

Court : Allahabad

Reported in : AIR1926All89

..... by the civil court. in view of these allegations it is impossible to allow the appellant now to urge that the finding against him, that the father misappropriated property, is not a finding that he misappropriated that property criminally. this, to our minds, is sufficient to conclude the appellants' rights in this appeal. the finding, as we interpret it in the light of the appellants ..... ' own interpretation, is that the respondent's father has incurred 'this debt by committing criminal misappropriation. that brings the case within the principle of mahabir prasad v. basdeo singh (1884 ..... we were for some time in doubt in view of the language used in some cases as to whether we should regard this as a finding of criminal misappropriation or as one which possibly indicated no more than civil liability. any doubt that we might have had has, however, effectively been removed by our being referred to para. 9 ..... apparently occupied some such position in the criminal litigation under ch. 12 of the criminal p. c, and irregularly succeeded to some sort of a similar position in the civil litigation. the civil litigation was a suit for partition and at the end of it the present appellant believed that the receiver had misappropriated some of his property and he was unable to extract .....

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Jul 20 2006 (SC)

Indian Oil Corporation Vs. Nepc India Ltd. and ors.

Court : Supreme Court of India

Reported in : AIR2006SC2780; 2006(4)CTC60; JT2006(6)SC474; 2006(II)OLR(SC)659; RLW2006(4)SC3380; 2006(7)SCALE286; (2006)6SCC736

..... dated 1.5.1997 as well as the terms of the agreement dated 20.9.1997 and will amount to offences punishable under section 378 (theft), 403(dishonest misappropriation of property), 405 (criminal breach of trust), 415 (cheating), 425 (mischief) of the india penal code. no notice was given to ioc in this regard.both the complaints also contain ..... coimbatore is against the terms of the hypothecation deed dated 01.5.1997 and 20.9.1997 will amount to theft, criminal breach of trust, and cheating which are offences punishable under section 378 (theft), 403 (dishonest misappropriation of property), 405 (criminal breach of trust), 415 (cheating), 425 (mischief) of the indian penal code. no notice was given to ioc in ..... in the complaint make out a case of criminal breach of trust under section 405 which is extracted below:405. criminal breach of trust, - whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing ..... .a careful reading of the section shows that a criminal breach of trust involves the following ingredients : (a) a person should have been entrusted with property, or entrusted with dominion over property; (b) that person should dishonestly misappropriate or convert to his own use that property, or dishonestly use or dispose of that property or willfully suffer any other person to do so; .....

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Mar 31 1999 (HC)

Shri I.P. Shankaran Vs. Deputy Superintendent of Police C.B.i. and Oth ...

Court : Mumbai

Reported in : 1999(5)BomCR670; 1999CriLJ2194

..... which are enumerated in para iii of the decision in common cause no. ii. they include matrimonial offences, offences under the negotiable instruments act, offences relating to criminal misappropriation of property, offences under section 304a of the indian penal code, offences affecting public health, safety, convenience, decency and morals. respondents no. 1 and 2, therefore, opposed ..... the time being force; (o) offences under the negotiable instruments act, including offences under section 138 thereof; (p) offences relating to criminal misappropriation of property of the complainant as well as offences relating to criminal breach of trust under the indian penal code or under any other law for the time being in force; (q) offences under ..... no time-schedule has beenprescribed. it would depend upon a variety of factors enumerated above.however, the court recognized the fact that by their very nature, the offencesinvolving misappropriation, embezzlement, fraud, accumulation of disproportionate assets by a public servant, as in the case before us, take longertime, both for investigation as well as for trial ..... while another case may involve a large number of witnesses and may take several weeks. (some offences by their very nature e.g. conspiracy cases, cases of misappropriation, embezzlement, fraud, forgery, sedition acquisition of disproportionate assets by public servants, cases of corruption against high public servants and high public officials take longer time for investigation .....

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Nov 22 1917 (PC)

Emperor Vs. Harris

Court : Allahabad

Reported in : (1918)ILR40All119

..... the present appeal. i have only to decide the questions (1) whether the said letter is property within the meaning of the indian penal code, (2) if it is property, whether it has been criminally misappropriated by harris. the letter is admitted to be a letter addressed to williamson, the complainant in ..... convicted under section 403 of the indian penal code of criminal misappropriation of property. the judgement under which he has been convicted says that the property misappropriated is a letter which is on the record and which is marked exhibit b. this is the only property regarding which any decision is to be arrived at ..... to establish a conversion of the letter to the use of harris.3. it may be necessary to add something as regards dishonest misappropriation. with reference to this it is necessary to consider whether it has been established that wrongful gain or wrongful loss was intended to be ..... does, the next point which is to be considered is whether the evidence has established that harris dishonestly misappropriated or converted to his own use this letter. proof of dishonest misappropriation or conversion to the use of the accused is as essential an ingredient as any other ingredient for ..... the judge, who, however, refused to receive it and returned it to harris. this, it is argued, amounted to a retention of property, the property of williamson, and that retention was done with the intention of causing wrongful gain or wrongful loss.2. i have considerable doubts myself as .....

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Oct 21 1999 (HC)

Abhimanyu Vishwanath and anr. Vs. State of Maharashtra

Court : Mumbai

Reported in : (2000)102BOMLR487

..... force;(o) offences under the negotiable instruments act including offences under section 138 thereof;(p) offences relating to criminal misappropriation of property of the complainant as well as offences relating to criminal breach of trust under the indian penal code or under any other law for the time being in force;( ..... report, makes it clear that directions (1) and (2) in para 4 were not applicable to the cases of offences involving:(a) corruption, misappropriation of public funds, cheating, whether under the indian penal code, prevention of corruption act, 1947, or any other statute,(b) smuggling, foreign exchange violation ..... with profit can also be made to antulay's case : 1992crilj2717 . the supreme court bench, consisting of five judges has observed that the criminal proceedings must be concluded with reasonable despatch and no outer limit can be prescribed on conclusion of the proceedings.9. in view of this position, ..... , a registered society, espousing - public causes, sought certain directions in a petition under article 32, with respect to the cases pending in the criminal courts all over the country. apex court has given certain directions in para 4 of its decision at page 35, in the case common cause v ..... application has been rejected by the judge, special court, ahmednagar, by order dated 7.7.1999. this rejection order is challenged in this criminal writ petition.4. learned advocate shri r.n. dhorde has placed heavy reliance on raj deo sharma's case. in my view, the .....

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Sep 12 1995 (HC)

Balwant Singh Vs. State of Punjab

Court : Punjab and Haryana

Reported in : II(1996)DMC614

..... entrusted to him and his failure to do so raises under section 105 of the indian evidence act a presumption that he had criminally misappropriated the property so entrusted to him. we view that the position of a bride cannot be worse. her welfare and physical protection is also in trust with people in whose care she ..... , the deceased gurdev kaur died of gastroenteritis. in this connection, he has taken us through the statement of the accused during his examination under section 313 of the code of criminal pro- cedure. accused balwant singh has stated during his examination under section 313, cr.p.c. that gurdev kaur was attacked with gastroeneritis on 5.1.1991 and he took .....

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