Marriage
Act, 1955 section 27 Hindu Succession Act Section 14 Indian
Penal Code, sections 405, 406 and 482.
Remedies open under law-Whether criminal remedy ... close relations maintainability-
Essential ingredients of an offence section 405 / 406 Indian
Penal Code.
Inherent powers of the High Court to quash a First
Information
Dishonest Misappropriation of Property), 405
(Criminal Breach of Trust), 415 (Cheating), 425 (Mischief) of the
Indian Penal Code . No notice was given ... over property' has been used in a
wide sense in Section 405 , I.P.C. Such expression
includes all cases in which goods
dominion over property' has been used in wide sense in
Section 405 I.P.C. Such expression includes all case in
which goods ... violation of contract. The expression
'entrusted appearing in Section 405 I.P.C. is not
necessarily a term of law. It has wide
with criminal breach of trust. A careful
reading of the Section 405 IPC shows that a criminal breach of trust
involves the following ... prescribes punishment for criminal breach of
trust as defined in Section 405 IPC. For the offence punishable under
Section 406 IPC
that
effect.
The word property used in s. 405 of the Indian Penal Code
could not be confined to movable property since the section
itself ... charge amounted to property within the
meaning of s. 405 of the Indian Penal Code.
255
Reg. Girdhar Dharamdas (1869) 6 Bom. High
Indian Penal Code.
What is first to be determined is whether s. 409 of the
Indian Penal Code, deals with the same offence as that ... Indian Penal
Code and ending with section 409 of the Indian Penal Code
deals with criminal breach of trust. Section 405 of the
Indian Penal
IPC, and whether the allegations made in the complaint attract the
penal provisions under the relevant sections of the IPC ... conditions and incidence of the
penal liability set out under Sections 405 , 420 , and 471 of the IPC,
as the allegations pertain
477A IPC.
Ingredients necessary to prove a charge under Section 409 IPC:
41. Section 409 IPC pertains to criminal ... expression ‘criminal breach of trust’ is defined under
Section 405 IPC which provides, inter alia, that whoever being in any
manner entrusted with
term “entrusted” found in Section 405 IPC governs not only the
words “with the property” immediately following it but also the words ... over property” has been used in a wide sense in Section 405
IPC. Such expression includes all cases in which goods are
entrusted
lodged by Hero, the ingredients of the
offence under Section 405 , Indian Penal Code, 186017 are disclosed which
could justify the High Court to direct ... offence thereunder is provided
in Section 406 thereof. Section 405 , IPC, reads as follows:
Section 405. Criminal breach of trust –
Whoever, being
