Section 405 of the 1860 Code surfaced. Such commercial disputes over variation of rate cannot 13 per se give rise to an offence under Section ... ingredients of Section 405 IPC, punishable under Section 406 IPC."
30. In Indian Oil Corporation Vs. NEPC India
reported in (1968) 2
SCR 408, “The term “entrusted” found in Section 405 IPC governs not only the
words “with the property” immediately ... dominion
over property” has been used in a wide sense in Section 405
IPC. Such expression includes all cases in which goods
under
Sections 405 and 406 of the 1860 Code and it has been held in
this judgment:-
“15. For Section 405 IPC ... instant case, materials on record fail
to satisfy the ingredients of Section 405 IPC. The complaint
does not directly refer to the ingredients
offence of either
Section 406 or Section 420 as the necessary ingredients under
Sections 405 and 415 IPC have not been indicated ... offence of either Section
406 or Section 420 as the necessary ingredients under Sections 405 and
415 I.P.C. have not been indicated
relying on principles established with the cases of circumstantial
evidence.
29. Section - 405 IPC deals with criminal breach of trust and
the same ... manner illustrated under Section 405 are a sine qua
non for making an offence punishable
under Section 409 IPC. The expression 'criminal
relying on principles established with the cases of circumstantial
evidence.
29. Section - 405 IPC deals with criminal breach of trust and
the same ... manner illustrated under Section 405 are a sine qua
non for making an offence punishable
under Section 409 IPC. The expression 'criminal
relying on principles established with the cases of circumstantial
evidence.
29. Section - 405 IPC deals with criminal breach of trust and
the same ... manner illustrated under Section 405 are a sine qua
non for making an offence punishable
under Section 409 IPC. The expression 'criminal
keeping in view the
.
deeming provision of Explanation 1 to section 405 of the
Penal Code, 1860, I have come to the conclusion that the
petitioners ... provided under section 2(17) read
with section 40 of the Employee's State Insurance Act and
explanation 2 to section 405
manner illustrated under Section 405 are
a sine qua non for making an offence
punishable under Section 409 IPC. The
expression ‗criminal breach ... Section 406 of the IPC to get attracted, there
must be criminal breach of trust in terms of Section 405 of
the IPC
keeping in view the deeming provision of
Explanation 1 to section 405 of the Penal Code, 1860, I
have come to the conclusion that the petitioners ... provided under section 2(17) read
with section 40 of the Employee's State Insurance Act and
explanation 2 to section 405