1980 (8) TMI 202

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....a learned Judge of the Calcutta High Court quashing a charge under Section 406 of the Indian Penal Code framed against respondents Nos. 1, and 1 The appellant who is a teacher of a school in Calcutta named Shri Balkrishna Vithal Nath Vidyalaya filed a petition of complains on January 16,1970 before the Additional Chief Presidency Magistrate, Calcutta, against the aforesaid respondents who happened....

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....lcutta, accumulated to the extent of ₹ 3,44,679 18P. as custodians and having dominion over the said amount of Money, disposal of a sum of ₹ 2,49 130 33P from the total accumulated amount, in September 1969, in violation of law prescribing the mode in which the trust was to be discharged, as law and rules framed by West Bengal Board of Secondary Education and have dishonestly used the ....

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....nt fund contributions of the teachers and (2) as there were yet no rules framed under the West Bengal Board of Secondary Education Act, 1963 to guide the handling or spending" of the president fund, the respondents could not be said to have committed any offence under Section 406 of the Indian Penal Code. 2. In our opinion neither of them was a valid ground for quashing tha proceeding and th....

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....f a certain event. The person who transfers possession of the property to the second party still remains the legal owner of the property and the person in whose favour possession is so transferred has only the custody of the property to be kept or disposed of by him for the benefit of the other party.... The appellant also relies on a decision of the Madhya Pradesh High Court: Akharbhai Nazarali ....