AI Overview...
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Misappropriate - To put to a wrong use or take dishonestly for oneself. It involves wrongful or dishonest use of property or funds, typically for personal gain. Kallol Kumar Bysak VS Krishan Prakash Bhargava - Calcutta, DINABANDHU BANERJEE VS NANDINI MUKHERJEE - Calcutta, Sesa Goa Limited VS State of Maharashtra - Bombay, Avinash Chawla VS Naresh Kumar - Punjab and Haryana, Pradip Kumar Hazarika VS New India Assurance Company Ltd. and Ors. - Gauhati, Pradip Kumar Hazarika VS New India Assurance Company Ltd. - Gauhati
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Main Points and Insights:
- The term misappropriate generally means to wrongfully or dishonestly use or take property or funds for oneself (e.g., to put to a wrong use; to take dishonestly for oneself Kallol Kumar Bysak VS Krishan Prakash Bhargava - Calcutta, DINABANDHU BANERJEE VS NANDINI MUKHERJEE - Calcutta, Sesa Goa Limited VS State of Maharashtra - Bombay).
- It often involves an element of dishonesty and breach of trust, especially in contexts like breach of trust, breach of fiduciary duty, or misuse of entrusted property Avinash Chawla VS Naresh Kumar - Punjab and Haryana, General Manager VS Madhusudan Mallick - Orissa.
- The wrongful act of misappropriation is usually considered complete once the property is converted or taken for personal use, and subsequent dealing or retention, although wrong, may not constitute a continuing offense DINABANDHU BANERJEE VS NANDINI MUKHERJEE - Calcutta.
- Legal interpretations emphasize that misappropriation involves dishonest intent, and a lack of such intent may negate the offense General Manager VS Madhusudan Mallick - Orissa, B. S. TOOKAPPA VS STATE - Karnataka.
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Cases involving misappropriation often relate to breach of trust, misuse of funds, or property, with legal consequences including criminal charges or disciplinary actions Pradip Kumar Hazarika VS New India Assurance Company Ltd. and Ors. - Gauhati, Pradip Kumar Hazarika VS New India Assurance Company Ltd. - Gauhati.
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Analysis and Conclusion:
- The term misappropriate is centered on the wrongful, dishonest, or unauthorized use or taking of property or funds, typically involving breach of trust or fiduciary duty.
- The presence of dishonest intent is crucial for establishing misappropriation legally.
- The concept is applied across various contexts, including criminal law (e.g., IPC Sections 403, 409), civil disputes, and disciplinary proceedings.
- Understanding misappropriation involves recognizing both the wrongful act and the intent behind it, with legal implications varying based on circumstances and evidence of dishonesty or breach of trust.
Search Results for "Meaning of Misappropriate"
2013 0 Supreme(P&H) 466 • India - Punjab and Haryana
Mehinder Singh Sullar
petitioner-accused had the intention to cheat & misappropriate the amount from very beginning--Summoning order upheld--Indian Penal ... sale deed of half land--Thereafter, also entered into agreement to sell with some other third party regarding same entire land--Meaning ... Meaning thereby, the petitioners-accused had the intention to cheat & misappropriate the amount of the complainant from the very beginning. ... There are direct allegations against the accused that they have received the amount in question from the c....
2011 0 Supreme(Cal) 1459 • India - Calcutta
KANCHAN CHAKRABORTY
Now, the dictionary meaning of the word -misappropriate- is to put to awrong use; to take dishonestly for oneself (vide, Chambers Twentieth Century Dictionary). The dictionary meaning of the word 'a-propriate' -s to make to be the private property of anyone, to take to oneself as one's-own (ibid). ... IN the circumstances it can not be said that retention or subsequent dealing of the misappropriated property, although wrong, will constitute any such offence as stated above because the definition of such offence does not ....
1993 0 Supreme(Cal) 279 • India - Calcutta
GITESH RANJAN BHATTACHARJEE
The subsequent retention or dealing of the misappropriated property, although wrong, did not constitute a continuing offense because ... was complete once the accused wrongfully converted the property to their own use. * The subsequent retention or dealing of the misappropriated ... Now, the dictionary meaning of the word misappropriate' is 'to put to a wrong use; to take dishonestly for oneself' (vide, Chambers Twentieth Century Dictionary ). ... The dictionary meaning of the word appropriate' is 'to m....
2008 0 Supreme(Bom) 1728 • India - Bombay
NISHITA MHATRE
Now, the dictionary meaning of the word `misappropriate' is `to put to a wrong use; to take dishonestly for oneself' (vide, Chambers Twentieth Century Dictionary). ... The High Court allowed their appeal, holding that there was no entrustment of the cement in question within the meaning of the term as used in Section 405 of Indian Penal Code. ... Further, Section 403 uses the words “dishonestly” and “misappropriate” . These are necessary ingredients of an offence under Section 403 IPC. Neither of these ingredients is sat....
1977 0 Supreme(Mad) 139 • India - Madras
D.B.LAL
The learned Magistrate however found that criminal breach of trust was not made out, meaning thereby that there was no criminal intention to misappropriate the paddy In fact the accused had never disowned that the paddy did not belong to the co-operative society. ... While making the order of disposal of such property, the learned Magistrate could deliver it to any person claiming to be entitled to the possession thereof or otherwise; meaning thereby that the property could be delivered even to a person not claiming to be entitled thereto....
2021 0 Supreme(Ori) 325 • India - Orissa
S.MURALIDHAR, SAVITRI RATHO
The charge stated that the Respondent had abused his official position and misused the trust of the Bank in order to misappropriate the customers' money and that it is constituted gross misconduct within the meaning of Clause 5(j) of the Bi-partite Settlement (MOS 10.04.2002).
1977 0 Supreme(Kar) 82 • India - Karnataka
LAL
Finding of the Court: The court found that the accused had no criminal intention to misappropriate the paddy but was ... The learned Magistrate however found that criminal breach of trust was not made out, meaning thereby that there was no criminal intention to misappropriate the paddy. In fact the accused had never disowned, that the paddy did not belong to the Co-operative Society. ... While making the order of disposal of such property, the learned Magistrate could deliver it to any person claiming to be entitled to the possession th....
2015 0 Supreme(Gau) 1337 • India - Gauhati
UJJAL BHUYAN
India Assurance Company Limited (Conduct, Discipline and Appeal) Rules, 2003 - Removal from service - Serious irregularities - Misappropriated ... Rules - Petitioner submitted his written statement of defence on denying charges brought against him - He stated that he had not misappropriated ... Contending that he did not misappropriate any money of the respondent company and thereby he did not commit any misconduct within the meaning of the New India Assurance Company Limited (Conduct, Discipline and Appeal) Rules, 2003 ....
2015 0 Supreme(Gau) 802 • India - Gauhati
UJJAL BHUYAN
Constitution of India,1950 - Article 226 - Specific instances of misconduct - Intention has misappropriated ... Contending that he did not misappropriate any money of the respondent company and thereby he did not commit any misconduct within the meaning of the New India Assurance Company Limited (Conduct, Discipline and Appeal) Rules, 2003 (2003 Rules), petitioner has questioned the legality and validity of the ... There was no intention on the part of the petitioner to misappropriate premium money of the respondent comp....
2015 0 Supreme(Gau) 198 • India - Gauhati
BIPLAB KUMAR SHARMA
Block within the meaning of Section 409 IPC. ... Talukdar owner of the rented house of Tihu Hatkhula during the period from February to July 2008 made criminal conspiracy among themselves in order to misappropriate a sum of Rs. 40 lacs belonging to the Govt. of Assam by making false documents within the meaning of section 120(B). ... Talukdar possessed 6212 pcs 8 ft. long GCI sheets and 1026 pcs of ridging in his house at Tihu Hatkhola knowing it to have been misappropriated by accused BDO Gopal Ranghang within the #HL_S....
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