Can New Owner Compound Theft? Legal Guide

Madras

of the property. ... during the relevant point of time had committed theft of energy and he paid the compounding fee only creates a charge over the property and it property is in occupation of the person Strahans Road, Otteri, Chennai-600012 without insisting to p style="position:absolute;white-space

2021 Supreme(Online)(MAD) 43632

mere capacity as the owner of the property. ... The learned Standing Counsel submitted that in the present case, the occupant of the property during the relevant point of time had committed theft of energy and he paid the compounding fee only with a view to avoid criminal proceedings. ... and (c) Whether in a case of theft of energy, the dues which are more in the nature of com....

2025 Supreme(Online)(Mad) 72710

Srigdhaa Beverages reported in (2020)6 SCC 404 and a Division Bench of this Court in W.A.No.3292 of 2023 dated 16.12.2023, held that the auction purchaser is liable to pay the outstanding electricity dues of the previous owner in order to obtain a new connection, if the property ... Therefore, any condition enacted under Section 49 of the 1948 Act, specifically one requiring the new owner to clear the a....

But the fact remains that the stolen property was found in the possession of the accused a week after the theft, and that he got rid of the battery to Basnaike within a few days after the theft, namely, September 18. ... He further says that he paid Rs. 25 for the repairing and charging of the battery and for the hire of the new battery. ... Albert seems to be a common cleaner and was" never the owner#HL_END....

2024 Supreme(Online)(TEL) 13910

According to petitioner, in May 2017, petitioner’s father had let out the subject property to a tenant viz. ... The allegation against petitioner is theft of electric energy. ... It is also stated that his father gifted the subject property to his sisters and upon their requirement to have a PANEL Board to fix their separate meters, respondents demanded and blackmailed to pay Rs. 20,000 for sanctioning the panel board. ... The said notice d....

A has therefore committed theft"; and they said the effect of that is that" it is theft if a person takes the property of another for the purpose of extorting from the owner, in exchange for the thing taken, something which the taker has no right to claim." ... the owner to pay something which he was not legally bound to pay constituted wrongful loss to the owner. ... The Court held th....

2022 Supreme(Online)(MAD) 10058

of electricity committed by his vendor when he was in possession and occupation of the property as the absolute owner. ... which are due by the Ex-owner or the tenants of the Ex-owner, which are payable by them on account of theft of energy committed by them. ... The petitioner also drew the attention of this Court to the sale deed, by which, the petitioner became the owner to show that....

Madras

of electricity committed by his vendor when he was in possession and occupation of the property as the absolute owner. ... or the tenants of the Ex-owner, which are payable by them on account of theft are due by the Ex-owner or the tenants of the Ex-owner, which the impugned order and he has also paid a part amount of of theft of energy co....

2022 0 Supreme(Mad) 2093

which are due by the Ex-owner or the tenants of the Ex-owner, which are payable by them on account of theft of energy committed by them. ... owner. ... In the decision rendered by the learned Single Judge referred to supra, penalty proceedings were initiated against the ex-owner of the property from whom the petitioner therein had purchased the property and the learned ....

2022 Supreme(Online)(MAD) 31732

Such being the case, any theft in the previous connection, peanlty has to be imposed only on the erstwhile owner and the same cannot be loaded as dues on the consumer as consumption charges. ... 6.It is relevant to note that the subsequent purchaser is no way connected with the alleged theft of energy committed by the erstwhile owner. ... Electricity Service Connection to carry on steel fabrication in the above said premi....

2015 0 Supreme(Cal) 245

This characteristic of movable property would have to be distinguished from intellectual property, of whose infringement can be committed by mere reproduction, without affecting possession of the property with its owner or lawful custodian. Since one of the basic ingredients of theft is 'taking' of the property, meaning physical acquisition after removal, theft has to relate to traditional form of property having linear feature. Legislatures across the world have developed se....

2014 0 Supreme(P&H) 607

The learned counsel points out that once so-called theft is determined, there is apart from making representations and force the authority to make a final assessment, there is no provision anywhere in the Electricity Act to prefer an appeal. A person, who is guilty of theft may however compound the offence, if compounding charges are made and obviate the prosecution of the criminal case. Compounding of offences, therefore, would become possible in the manner provided under Se....

2009 0 Supreme(Gau) 654

When anyone uses a property without consent of the possessor with intent to make wrongful gain or wrongful loss, it amounts to theft. When the accused removed the vehicle without the consent of Smt. K. P. Jamoh and, for the purpose of making wrongful gain, he must be held to have committed an offence under Section 380, IPC. We may also point out that merely taking of a property without consent of the owner or possessor of the property is not theft, but when the property is removed fr....

1994 0 Supreme(Bom) 477

In the present case the complaint is totally silent as to the particular share in the land. In other words, the share of the complainant is not at all defined. It is clear that even a co-owner of movable property with another removes the property can be guilty of theft, provided if his share is definite.

1983 0 Supreme(Guj) 186

The section merely speaks of the character of the property whether it satisfies the particular description and does not say by whom it should have been stolen or fraudulently obtained. The theft or the fraudulent obtaining of the property may be by any person. It is not the act of stealing or fraudulent obtaining that is sought to be hit by the section. For that there are other laws such as the Indian Penal Code the Customs Act and the Import and Export Control Act.