Excerpts:
- According to Section 406 I.P.C., the offence of criminal breach of trust is committed when a person who is entrusted in any manner with the property or with any dominion over it, dishonestly misappropriates it or converts it to his own use, or dishonestly uses it, or disposes it of, in violation of any direction of law prescribing the mode in which the trust is to be discharged, or of any lawful contract, express or implied, made by him touching such discharge, or wilfully suffers any other person so to do. Thus in the commission of the offence of criminal breach of trust, two distinct parts are involved. The first consists of the creation of an obligation in relation to the property over which dominion or control is acquired by the accused. The second is a misappropriation or dealing with the property dishonestly and contrary to the terms of the obligation created. (See: The Superintendent & remembrancer of Legal Affairs, West Bengal Vs. S.K. Roy )
- We are convinced that the allegation of misbehaviour on the part of appellant Nos.1 and 2 and the demand of Rs. 50,000/- and V.C.R. by them made by the complainant in her subsequent statement, dated 4.4.1995, was an after thought and not bona fide. Section 498A I.P.C. was introduced with the avowed object to combat the menace of dowry deaths and harassment to a woman at the hands of her husband or his relatives. Nevertheless, the provision should not be used as a device to achieve oblique motives. Having carefully glanced through the complaint, the F.I.R. and the charge-sheet, we find that charge under Section 498A I.P.C. is not brought home insofar as appellant Nos. 1 and 2 are concerned.
Here is the judgment: SC Clarifies 406 And 498A-2007
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Under ipc sec 406. judgement
please tell me about 498 A . weather FIR can be loged against the others then the husband . and is it posible to regd. FIR against a teacher without notice to department u/s 498 A . wt can i do to save my self from harasment of this act befor filing any case .
yes it can be registered even against family members other than husband. Further no notice to department is required for registration of a case under Section 498 A IPC as these offences have nothing to do with the official discharge of your duties.
My father & mother beaten by my sister in law during they visited to my brothers house.Even she launched an complaint aginst my brother & my family in nearest police station.my parent forced to leave that city.Now what should I do.even they can chrge 498 a act aginst us if we took any step.
Should be more stringent, use domestic violence act
I & my wife got married after our relations for more than six years by court marraige. we hardly lived together for at the most for 3 months. and as my visa for London was rejected she started disagreeing with me on every aspect and finally on 13th Dec,2009 she left for her parents house and after one month she called me to tell that now she will not come back and asked me to sign a statement for divorce with mutual consent, I after some time found some sms communication of her with her new friend these sms were very vulgar for a married girl and i took away her phone from her than also no one from her home came to take back that phone and asked me to give divorce with mutual consent but till she behave properly and accept her doings with the other boy after marraige I dont want to agree for divorce with mutual consent. now she and her parents are waiting for 1 year to complete of my marraige so as to take legal action. I want to know what legal steps she & her parents can take against me?
FIR was lodged against me under section 406,
there is no documentary evidence or proof,
there is only two witnesses ,
pls tell me what would be happened with me
Charge under section 406 IPC can still be framed without there any documentary evidence, what is merely required is to see whether there was any entrustment of property and there upon dishonest misappropriation. so you should rather work on these issues. And if charges are already framed then the prosecution will be required to prove those aspects and so should your defence be..
Sir mera umar 21 years hai aur mein aap ke ladke ke tarah hoon kripa iska koi samadhan nikal dijiye.Aur ye shaadi mere uper dhoke se hui hain
mera naam Amit kumar rai hai mera shaadi 2/06/2008 main hua tha aaj kewal 10 rs ka stamp paper per hua tha first time wo ladki mere father ko police station le ke gai per mera father aapni izzat ka khatir or media ka khatir mera father use accept kar liye aur meri pustani ghar main la kar rakhe per wo waha se bhage aur aapni bhai ke pass ja kar mera father,mother sister or brother ko 498A act mein phasa de jab ki main aisa kuch nahi tha mera uper charge lagayi hai ki main 3/6/2006 (ko bidai hui),(2lakhs ka maga tha lekin main paisa nahi maga tha),(gold ka jewellery 5 man rate aur 50,000 cash aur 25000 ka clothes maga tha jab ki main nahi maga tha ),(mera family use marne aur pitne ko bhi boli hai jab ki main kabhi use mara pita nahi hoon na hi mere family wale use kabhi hanth tak nahi lagaye hain), (mere ghar wale aur mein amit kumar rai motorcycle ki maang nahi kiya tha par wo jhooth boli), (mere job ke liye mein usse 5 lakhs corrupt money nahi manga tha jabki mein inter pass 3rd division hoon aur mein greater noida ke IIMT mein B.C.A kar raha tha to mein 5 lakhs ki maang kar hi nahi sakta kyonki mere liye high qualification ka kar raha tha lekin is case ke chakar mein mera pura padhayi bekar ho gaya aur mujhe college se nikal diya gaya par mein aaj bhi dubara padhna chahta hoon par dar lagata hai ki woh dubara gawahi badel na de jisse mera padhayi ka pura money loss ho jaye ga toh mein dubara padhayi hi nahi kar pars hoon)
aur mere uper aur mere father,mother ke uper (498A) act ka dhara lagayi hai.Mera september 13 mein court mein date hai
Sir mein apse request karta hoon ki is case se divorce ho sakta hai ki nahi kripya iska koi solution batayein.Agar mein video recording mein ye sare ilzaam use aur uske family se ye kahala doon ki ye saara ilzam jhoota tha aur is video recording ko mein cort mein pes kar doon to iska judgement kya hoga.
SIR MERA MOBILE NUMBER 09777173606,08908488060 HAI
SO I WILL REQUEST YOU PLEASE CALL ME ANITHER ONLY ON MISS CALL I WILL RETRUN CALL BACK PLEASE SIR A BIG PROBILM FACING OUR FAMILY
GOOD AFTERNOON SIR,
MERI WIFE NE MUG PAR 406 498A KA CASE DAL DIYA HAI.MERI USNE HIGH COURT SE ANTICIPATORY BAIL NAHI HONE DI. USNE MERI LIST ME DOWRY BAHOOT JYADA LIKH DI HA JO USNE MUGE DI HI NAHI HA.UR JO THODA JIYA BHI THA VOH LE JA CHUKI HI.MERA 8 MAHINE KA EK CHILD BHI HAI AUR MA KHAR BASANA CHAHTA HON.MA DIVORES NAHI KARNA CHAHTA .MERE KHAR VALO NE BHI MERI WIFE KE KARN MUJE BEDKHL KAR DIA HA .MERE PASS CASE LADNE KE LIYE PASE NAHI HAI.
MA KAHR BASANA CHAHTA HO PLEASE HELP ME
Yar pahle jan bachao, bad me ghar basana. Apne aap ko kamjor mat ban ne do.
Good luck
I, Pavitra devi Bhartia (age 60 years) presently reside in Belur (P.S.Bally, Howrah). I am a simple House wife.
My son Mr.Ajay Bhartia got married on 27th November 2009 with Namrata Agarwal (D/o Shri Prabhat Agarwal).We belongs to a middle class family ardently believing in Indian Culture..My husband is aged and he has not any source of income. My son was part time faculty in Agrasain College,Liluah(W.B) but now he is working in coal India, Ranchi as an execuitive trainee.After marriage, a month later his wife ( Namrata ) started demanding the salary to be given in her hand and her parents insisted my son- ( Ajay Bhartia ) to do so.Thereafter,some of his wife’s (Namrata) relatives along with her parents came to our house on dated 28th Feb 2010 and threatened us.Likewise she and her parents started demanding expensive jewellery and other luxuries which was not possible to purchase for my son Albeit , they managed to live together for 10 months despite all these discords but they could no longer go ahed and decided to estrange from each ohter.Therefore, they went for legal mutual agreement with all consent to live apart therafter.On 16th August 2010 they signed an agreement before the court in Ranchi in presence of some aminent persons.On the same day she called her parents from Kolkata to Ranchi.That day her parents stayed with her at Ranchi and returned to Kolkata with her on 17th Aug’2010.She took back all jewellery and valuable things with her.They mentioned in the agreement that they will apply for divorce in the court.
But now her parents demanded Rs.22 lakhs(Twenty two lakhs) to emancipate us from the charges of dowery and domestic violence.But it was not possible for my family to fulfill their demand. I want to clear that we did not demand any money or valuable things in the wedding and also did not take anything like this.
But now her parents threatened us to file spurious cases against us under several sections of criminal cases like doury and domestic violence. After all these events I live in fear… My husband also lives in fear. I am also suffered from many dieses like Asthma, Alser, Arthritis etc from last five years. Treatment is going on under specialist of Apollo Hospital & AMRI Hospital. I am living my life under high depression.
I want your help & valuable suggestions .So that I can save my life. Please help me as much as you can.
Dear pavitra, file acomplaint with Incme tax deptt Director General Investigation of yoyr state giving details of the family of the girl. 2) file a private complaint with megistrate under section 2/3 of the dowry prohibition Act through your lawyer. In this way you can put these cheats in trouble.
Sab bekaar ke baatein hai. Police & Judges unhin ki sunte hai jo unhein paisa deti hai chaahe woh sahi ho ya galat & Income Tax Dept. is fully blind after putting so many RTI they always replied “we can’t reveal the IT details of a person” RTI was attached with SC/HC judgement abt IT dept. We approched it higher level but nothing happened.
The moral of the story is “Nange se koi nahin jeeta”. If you can become more ill-mannered & disrespectful, you can win fgt otherwise you have to be compromise with your self respect & pure soul.
when the listend to the cofirmation on this day.
Sir mera umar 27 years hai aur mein aap ke ladke ki tarah hoon kripa iska koi samadhan nikal dijiye.Aur ye shaadi mere uper dhoke se hui hain
mera naam Manoj Jain hai mera shaadi 24/03/2010 main hui thi,first time wo ladki mere brother father or mujhe ko police station le ke gai per mera father aapni izzat ka khatir use accept kar liye per wo waha apne jewar lekar bhag gai phir bhi maine uce manakar wapas le aya or jewar bhi manga liye, kuch time bad vo phir se bhag gai, to ucke ghar walo ne alag rehne ko kaha to maine kaha ki meri itni income nahi hai ki main itna afford kar saku to ucne kaha ki main bhi apki help karungi, maine vo bhi man liya or date 27/05/2011 se alag rehne lage, meri income kam hai or vo khud kamati hai to ucne kaha ki main bhi help karungi, month pura hone par ucne saf mana kar diya ki main to kuch nahi dungi, to maine apne hasiyat ke anusar chota makan rent par le liya, to ucne aane se saf mana kar diya,or mujhe bhi ghar se date 20/06/2011 ko nikal diya, main apne ghar wapas aa gaya, kuch time bad mere father,mother brother or mujhe (498A or 406) act mein ucne coart se mere ghar walo par (498A or 406) ka case laga diya, mere bhai ko or mujhe jail ho gai, mera bhai 2 din jail me reha kar aaya, or mujhe 8 din jail me rehna pada, jab ki main aisa kuch nahi kiya tha mera uper charge lagayi hai ki main ,(5 lakhs or 1 alto car mange tha lekin main kuch nahi maga tha) ,(meri family use marne aur pitne ko bhi boli hai jab ki main kabhi bhi use mara pita nahi hoon na hi mere family wale use kabhi hanth tak nahi lagaye hain),
mere uper aur mere father,mother brother ke uper (498A or 406 ) act ki dhara lagayi hai.Mera august 16 mein court mein date hai,
Sir mein apse request karta hoon ki is case se divorce ho sakta hai ki nahi kripya iska koi solution batayein.
SIR MERA mail id hai jain_manoj_2004@yahoo.com HAI
SO I WILL REQUEST YOU PLEASE HELP
PLEASE SIR A BIG PROBILM FACING OUR FAMILY
my case is totally different my husband has cheated me and now my life is hell i have 2 kids from this marriage 1st one is son and 2nd is daughter who unfortunately has serious health issue 2 operation has already been done and further several are due. My husbands per month income is 137000 one lac thirty seven thousand but he is not ready to take our responsibility and now he is staying with some BITCH whom he is FUCKING and she is licking his FUCK that BITCH and they both FUCK her together one in ASS and the other in CUNT and the BITCH screams and crys saying give me more fuck me fuck me hard give me your CUM and these 2 Monsters they give her there CUM and she eats it , they have done this in front of me and have been hitting me if ever i have tried raising my voice.
my case is totally different my husband has cheated me and now my life is hell i have 2 kids from this marriage 1st one is son and 2nd is daughter who unfortunately has serious health issue 2 operation has already been done and further several are due. My husbands per month income is 137000 one lac thirty seven thousand but he is not ready to take our responsibility and now he is staying with some BITCH whom he is FUCKING and she is licking his DICKand his ASS, even his father comes to enjoy fucking that BITCH and they both FUCK her together one in ASS and the other in CUNT and the BITCH screams and crys saying give me more fuck me fuck me hard give me your CUM and these 2 Monsters they give her there CUM and she eats it , they have done this in front of me and have been hitting me if ever i have tried raising my voice.
So anybody who wants to get fucked hard can go and meet Bikram Chatterji he will fuck you and give you pleasure which is out of this world , and don’t worry he can fuck you any time any where as many times you want because his fuck machine is always standing to fuck , BUT ONE THING IS THERE HE WILL CHARGE YOU FOR EVERY FUCK SESSION AS IT IS GOING TO BE HIS HARD EARNED MONEY, so get fucked and don’t forget paying him.
Bikram (husband)
09958069480
N 357 1st floor,
Mayfield Garden, sector 51
Gurgaon
498A wife is a prostitute, many times it happens that such girls are having affairs with their relatives, to hide it , they file 498A.
Respected sir.
A nationalized bank at Hyderabad with out my permission debited an amount of Rs.2,20,000/- from my SB account stating that because in other account ( both the accounts stands on my name only) some 5 years back an amount of Rs.2,20,000/- was double credited and hence this amount is debited. Under what section of Law under IPC the bank can charged. Please help.