Citation Name: 2023 PCrLJ 487 LAHORE-HIGH-COURT-LAHOREBookmark this Case AMIR HAYAT vs State Ss

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Citation Name: 2023 PCrLJ 487 LAHORE-HIGH-COURT-LAHOREBookmark this Case AMIR HAYAT VS State Ss. 24 & 25--Dishonestly---Fraudulently---Scope---Doer of a dishonest act may not have any interest in causing loss to any rightful claimant yet does the act for his own interest either to usurp the property or to alienate it in consideration of bribe given to him and the consequences of his act cause either wrongful loss or wrongful gain to any party in interest---Whereas fraudulent act contains malice, grudge, deception against a particular person with a targeted mind to ruin him or to deprive him from the property and for that end property is obtained from him through deception under grab or with temptation like increased value of the property---Example of above difference could be like that if a property is handed over by a person at his own to any other without any offer from any corner with the request to keep it as trust or use it under a contract between them, if it is misappropriated by the trustee, the matter is of criminal breach of trust but if a person persuades other with alluring offers to hand over the property for an increased benefit, misappropriation of such property shall be labelled as fraudulent which is not the subject matter of criminal breach of trust---Element of fraud is more serious and its proof requires evidence of precise and clear intention which is difficult to collect in ordinary circumstances unless ample material for deduction is brought on record that is the reason even in definition of cheating under S. 415, P.P.C. both the words 'dishonestly' and 'fraudulently' have been used. Citation Name: 2023 PCrLJ 487 LAHORE-HIGH-COURT-LAHOREBookmark this Case AMIR HAYAT VS State S. 5---Penal Code (XLV of 1860), Ss. 403, 405 & 409---Criminal misconduct---Dishonest misappropriation of property---Criminal breach of trust---Criminal breach of trust by public servant, or by banker, merchant or agent---Scope---Words 'fraudulent' and 'entrustment' are missing in the definition of 'dishonest misappropriation of property' provided in S. 403, P.P.C.---Offence under S. 5(1)(c) of Prevention of Corruption Act, 1947, deals with 'any property' while offence under S. 403, P.P.C. is confined to 'moveable property' only---Element of entrustment of property has been procured to convert an offence of 'dishonest misappropriation' to 'criminal breach of trust'---Definition of criminal breach of trust provided in S. 405, P.P.C. is wide enough with extended concept while erasing the word 'moveable property' and adding the word 'entrustment', as compared to S. 403, P.P.C.---Said definition too is at little contrast with clause (c) as it does not find mentioned the word 'fraudulently'---Section 5(1)(c) of Prevention of Corruption Act, 1947, covers the misdemeanours like misappropriation committed either with dishonest intention or intention to defraud---When the evidence discloses element of fraud only, S. 405, P.P.C. shall not be applicable for misappropriation, likewise rest of the sections for penal consequences including S. 409, P.P.C. shall not be attracted, and in that situation offence shall only be dealt with under S. 5(1)(c) of Prevention of Corruption Act, 1947. Citation Name: 2023 PCrLJ 487 LAHORE-HIGH-COURT-LAHOREBookmark this Case AMIR HAYAT VS State Misappropriate---Meanings---Dishonestly or unfairly take for one's own use---To take somebody else's money or property for yourself, especially when they have trusted you to take care of it. Citation Name: 2023 PCrLJ 487 LAHORE-HIGH-COURT-LAHOREBookmark this Case AMIR HAYAT VS State 'Misappropriation'---Meanings.

Citation Name: 2023 PCrLJ 487 LAHORE-HIGH-COURT-LAHOREBookmark this Case AMIR HAYAT vs State Ss — 2023 PCrLJ 487 LAHORE-HIGH-COURT-LAHORE

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