MOHD. SULAIMAN versus MOHD. AYUB & ANR.

MOHD. SULAIMAN versus MOHD. AYUB & ANR.

Mere assertion of ownership in a letter, while continuing to use the property as agreed, does not constitute criminal breach of trust since there is no misappropriation, conversion, or use in violation of the contract.

Parties
Appellant: Mohd. Sulaiman; Respondent No. 1: Mohd. Ayub; Respondent No. 2 Advocate: P. K. Chakravarti
Jurisdiction
India
Judgment Date
09 December 1964
Procedural Posture
Criminal Appeal / Supreme Court Appeal by Certificate Against High Court Conviction
Outcome
Appeal allowed; conviction set aside; acquittal ordered.
Legal Topics
Criminal Breach of Trust, Entrustment, Nature of Agreement
Criminal Law Criminal Breach of Trust Entrustment Nature of Agreement

Case Brief

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Parties

Mohd. Sulaiman

Appellant

Mohd. Ayub

Respondent No. 1

P. K. Chakravarti

Respondent No. 2 Advocate

Procedural Posture

Criminal Appeal / Supreme Court Appeal by Certificate Against High Court Conviction

Legal Issues

  1. 1 whether appellant was guilty of criminal breach of trust under section 406 of the Indian Penal Code
  2. 2 whether writing the letter asserting ownership constituted misuse or conversion in violation of entrustment

Ratio Decidendi

Mere assertion of ownership in a letter, while continuing to use the property as agreed, does not constitute criminal breach of trust since there is no misappropriation, conversion, or use in violation of the contract.

Court Disposition

Appeal allowed; conviction set aside; acquittal ordered.

Orders

  • Set aside conviction of appellant.
  • Order appellant's acquittal.