https://www.taxtmi.com/caselaws?id=280566 In a theft prosecution, the decisive enquiry is whether the property was in the complainant's possession and was dishonestly removed; civil title to the printing press was irrelevant to that determination. The court treated the accused's claim of ownership as no defence where the press had been registered in the complainant's name under the Press and Registration of Books Act and was taken from that possession without consent. Removal of movable property in those circumstances satisfied theft under Section 380 IPC. The appellate court could reverse the acquittal, convict the accused, and impose sentence within the sentencing limits of the trial Magistrate, and the procedural irregularity noted did not vitiate the proceedings. en-us Tue, 07 Oct 1958 00:00:00 +0530 Fri, 10 May 2019 16:56:39 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=280566 In a theft prosecution, the decisive enquiry is whether the property was in the complainant's possession and was dishonestly removed; civil title to the printing press was irrelevant to that determination. The court treated the accused's claim of ownership as no defence where the press had been registered in the complainant's name under the Press and Registration of Books Act and was taken from that possession without consent. Removal of movable property in those circumstances satisfied theft under Section 380 IPC. The appellate court could reverse the acquittal, convict the accused, and impose sentence within the sentencing limits of the trial Magistrate, and the procedural irregularity noted did not vitiate the proceedings. Case-Laws Indian Laws Tue, 07 Oct 1958 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=280566