AI Overview...
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Disbursement of Funds - The appellant disbursed the entire amount to concerned persons for the execution of work, and even if the amount was kept for approximately two months, it does not amount to embezzlement or misappropriation of funds. The court directed the release of the appellant on bail, emphasizing the absence of any criminal intent Ram Ayodhya Sah VS State of Jharkhand through Central Bureau of Investigation - Jharkhand.
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Refund and Recovery of Disbursed Amounts - In cases involving insurance, amounts deposited are to be refunded, and disbursed amounts to claimants are not recoverable unless pursued via execution proceedings. The insurance company can recover disbursed amounts from the vehicle owner through legal channels Oriental Insurance Company Limited VS Ganeshbhai Babanbhai Bhalekar - Gujarat.
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Compensation and Payment Disbursement - Under the Workmen's Compensation Act, the court directed respondents to pay a specified amount with interest and penalties, jointly and severally. The appellant's deposit was acknowledged, and no substantial legal questions were raised regarding the disbursement process Physical Research Laboratory (PRL) through Y. M. Trivedi VS Bhanwarlal Chhotalal Barot - Gujarat.
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Direct Disbursement to Third Parties - Disbursements made directly to manufacturers or third parties, such as in the case of trailers or loans, are considered valid if properly documented. Orders against third parties to deliver goods or pay compensation were upheld, with funds remitted directly for specific purposes Rajendran VS Chairman Karur Vysya Bank Ltd. - Consumer.
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Trustees and Disbursement Authority - Trustees managing funds are required to disburse payments on behalf of the managing entity. The management was instructed to deposit awarded amounts without regard to changes in personnel, emphasizing that contractual obligations are between the institution and employees, not individual trustees MANAGEMENT OF SAMYUKTHA KARNATAKA (LOKASHIKSHANA TRUST), BANGALORE VS T. S. RANGANNA - Karnataka.
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Procedural Compliance in Execution - Orders related to disbursement must follow proper procedures. The court highlighted procedural lapses in execution cases, asserting that amounts already paid/disbursed should not be withdrawn without proper legal process Government of India VS Vinodrai Bhogilal Shah - Gujarat.
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Disbursement by Insurance Companies - Insurance companies disburse funds directly to hospitals or individuals. The Insurance Regulatory Authority oversees these disbursements, and the authorities can issue instructions to ensure proper handling of funds Commissioner of Income Tax VS Dedicated Healthcare Services (TPA) India Pvt. Ltd. - Bombay.
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Allegations of Misappropriation in Loan Disbursement - Vague allegations against an appellant for sanctioning loans but not disbursing the full amount, leading to misappropriation claims, were scrutinized. The evidence did not substantiate the charges fully, indicating the need for clear proof of misappropriation Rishi Gupta VS Union of India - Gauhati.
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Disbursement and Court Orders - Court orders regarding the disbursement of amounts, including modifications and corrections, are subject to proper legal procedures. Disbursements based on nominations or legal rights are upheld unless challenged with concrete evidence PWD EMPLOYEES UNION VS STATE OF GUJARAT - Gujarat.
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Share in Insurance Proceeds - Nomination in insurance policies does not eliminate other entitled parties. Courts held that a respondent with a share in the insurance amount retains her rights despite nomination, emphasizing that legal entitlements override nomination alone Bharati VS Bebitai Punjabrao Atole - Bombay.
Analysis and Conclusion:
The sources collectively indicate that disbursement of funds—whether for work execution, insurance claims, or compensation—must adhere to legal procedures and proper documentation. The appellant's actions of disbursing entire amounts to concerned parties for work or claims are generally viewed as legitimate, especially in the absence of evidence of intent to misappropriate. Courts emphasize that disbursements made in good faith, following proper procedures, and with clear documentation are protected, and recovery actions require formal legal processes. Overall, the main insight is that disbursement of funds, when properly executed, does not constitute embezzlement or misappropriation, provided there is no criminal intent or procedural lapses.
Search Results for "Appellant Disbursed Entire Amount to Concerned Persons for Execution of Work"
2016 0 Supreme(Jhk) 517 • India - Jharkhand
RAVI NATH VERMA
in terms of Section 409 and u/s 13(1)(d) – Appellant returned the amount – Mere keeping the amount for approximately two months ... will not amount to embezzlement or mis – appropriation of fund – Direction issued to release appellant on bail. ... Indian Penal Code, 1860 – Section 409 ; Prevention of Corruption Act, 1988 – Sections 13(2) and 13(1)(d) – Appellant is alleged to ... It was also submitted that there was no any intention of the appellant and he had #HL_STA....
2016 0 Supreme(Guj) 1049 • India - Gujarat
R.P.DHOLARIA
The amount deposited by the insurance company was to be refunded, and any disbursed amount to the claimants was not to be recovered ... However, the appellant-insurance company shall be at liberty to recover the said disbursed amount from the owner of the vehicle in question by way of filing execution petition. Record and Proceedings be sent back to the concerned Tribunal forthwith. No order as to costs. ... ... If any amount out o....
2009 0 Supreme(Guj) 655 • India - Gujarat
H.K.RATHOD
the Commissioner has directed to respondents to pay Rs. 2,22,710/- with 12% simple interest jointly and severally with penalty amount ... Workmen's Compensation Act, 1923, Sections 2(e), 30and 12 - Appellant-Physical Research Laboratory (PRL) ... also to be paid jointly and severally by all the respondents - Held, there is no substantial question of law has been raised by appellant ... Learned advocate Mr.Joshi requested this Court that amount which is already deposited by the appellant, that may be #HL....
• India - Consumer
V.BAKTHAVATSALU, M.A.EMILE, P.V.R.DHANALAKSHMI
was directly disbursed to manufacturer of Trailor—It was not a case that Trailor was not supplied—It was deficiency on part of 3rd ... Parties Nos. 1 and 2 were concerned and passed order against opp. party no. 3 to deliver new trailor and pay Rs. 60,000 as compensation—Appeal ... Parties Nos. 1 and 2 made arrangement to pay Trailor loan amount directly to proprietor 3rd opposite party manufacturer—3rd opp. ... Ex C 4 will sow that the amount was remitted for tractor. It is not disputed by the bank authorities that they ....
1995 0 Supreme(Kar) 176 • India - Karnataka
M.F.SALDANHA
The present trustees may only be the persons who are administering it and are therefore required to disburse the payment on behalf ... Final Decision: The petitions were dismissed, and the management was directed to deposit the full amount awarded to each of ... The change of persons or personalities or the length of time during which they have been in office is not a criterion for payment ... The flaw in this argument is that a contract of service is between the institution and the employee and not the person....
2014 0 Supreme(Guj) 194 • India - Gujarat
K.M.THAKER
and order is contrary to the oral judgment delivered by this Honble Court in this Honble Court Spl.C.A. and to that extent, the entire ... Executing Court in impugned judgment and to hold and declare that Executing Court has failed to follow the procedure and rules of execution ... Darkhast and consequently, be pleased to hold and declared that Darkhastdar of said Darkhast is not entitled to withdraw the amount ... already paid/disbursed to the claimants and the respective heads with regard to which the said payments hav....
2018 0 Supreme(Bom) 1285 • India - Bombay
S.C.DHARMADHIKARI, B.P.COLABAWALLA
from insurance companies are disbursed directly to recognized hospitals/clinics towards payments to various individuals receiving ... 1961 - Section 260A, 143(1), 194J, 273B, 271C, 201(1) ,119, 145 - Income Tax Appeal - Revenue challenges - Insurance companies to disburse ... from Insurance Regulatory and Development Authority - Revenue claims that assessee is appointed by various insurance companies to disburse ... Section 119 of the Act provides that the Board may, from time to time issue such orders, instructions and directions to othe....
2019 0 Supreme(Gau) 365 • India - Gauhati
NELSON SAILO
In the charge sheet, it was alleged that the appellant sanctioned and distributed loan to a large number of brick manufacturers unit in a very short period of time but had not in fact disbursed the entire loan amount to the borrowers and part of the loan amount was misappropriated by him. ... A plain reading of the charges and the statement of imputations reproduced above would show that only vague allegations were made against the appellant that he had sanctioned loans to a large numb....
2004 0 Supreme(Guj) 664 • India - Gujarat
BHAWANI SINGH, H.K.RATHOD
of which is required to be disbursed at this stage would – Along with aforesaid modification Single Judge has also issued further ... Miscellaneous Civil Application – Challenge - Judge has modified his earlier order in Special Civil Application to extent that in place of amount ... typographical error/mistake which is apparent on face of record - From bare perusal of impugned order of Judge it appears that entire ... (ii) the balance amount of 40 % shall be disbursed by the concerned ....
2019 0 Supreme(Bom) 1540 • India - Bombay
MANISH PITALE
The respondent No. 1 was held entitled to a 1/6th share in the amount received by appellant No. 1 towards insurance policies. ... The appellants claimed exclusive right to the amounts, citing nomination by the deceased in favor of appellant No. 1. ... Ratio Decidendi: The court held that nomination in favor of appellant No. 1 did not deprive respondent No. 1 of a share in ... The claim of respondent No. 1 was resisted by the appellants and it was claimed by the #HL_S....
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