under Section 156(3)
of the Code is untenable. He further pointed out that the
essential ingredients for an offence under Sections 405 ... that for proceedings under Section
156(3) of the Code, the complaint must disclose relevant
material ingredients of Sections 405 , 406 , 420 read with
Section
sections 2 Hindu Marriage
Act, 1955 section 27 Hindu Succession Act Section 14 Indian
Penal Code, sections 405, 406 and 482.
Remedies open under ... custody, that would not par
prosecution under section 406 IPC or render the ingredients
of section 405 IPC nugatory or abortive. To say that because
under Sections 405 , 406 , 415 and 420 read with Section 34
of the Penal Code. It would thus be necessary to examine the ingredients ... those offences under the Penal Code.
13 Section 405 of the Penal Code reads thus:
“ Section 405 .- Criminal breach of trust.- Whoever, being
defined under Section 406 .
15. Section 405 IPC deals with criminal breach of trust. A careful
reading of the Section 405 IPC shows that ... Section 406 IPC prescribes punishment for criminal breach of
trust as defined in Section 405 IPC. For the offence punishable under
Section 406 IPC, prosecution
The Madurai City Municipal Corporation Act, 1971
TAMILNADU
India
The Madurai City Municipal Corporation Act
deal
with these sections of the IPC , we deem it imperative to examine
the ingredients of the aforesaid sections, and Section ... same section is not constituted. In the absence of factual
allegations which satisfy the ingredients of the offence under
Section 405
Section 405 IPC deals with criminal breach of trust. A careful reading of the Section 405 IPC shows that a criminal breach of trust involves ... Section 406 IPC prescribes punishment for criminal breach of trust as defined in Section 405 IPC. For the offence punishable under Section
Sri B V Acharya S/O Late Ramachandra ... vs Sri N Venkateshaiah on 3 August
find it difficult to hold that aforesaid allegations satisfy ingredients of Section 405 IPC so as to justify summoning of petitioner under Section ... Section 405 IPC, hence no offence punishable under Section 406 IPC can be said to have been committed.
13. Now comes Section
find no allegations are made
attracting the ingredients of Section 405 IPC. Likewise, there
are no allegations as to cheating or the dishonest intention ... dishonest intention of inducement is made out and the
essential ingredients of Sections 405 / 420 IPC are missing, the
prosecution of the appellants under Sections
