December 15, 2014
Fraudulently obtaining decree for sum not due
Whoever fraudulently obtains a decree or order against any person for a sum not due, or for a larger sum than is due or for any property or interest in property to which he is not entitled, or fraudulently causes a decree or order to be executed against any person after it has been satisfied or for anything in respect of which it has been satisfied, or fraudulently suffers or permits any such act to be done in his name, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
December 15, 2014
Property in possession of wife, clerk or servant
When property is in the possession of a person&‘s wife, clerk or servant, on account of that person, it is in that person&‘s possession within the meaning of this Code.
Explanations
- A person employed temporarily or on a particular occasion in the capacity of a clerk, or servant, is a clerk or servant within the meaning of this section.
December 15, 2014
Dishonesty making false claim in Court
Whoever fraudulently or dishonestly, or with intent to injure or annoy any person, makes in a Court of Justice any claim which he knows to be false, shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine.
December 15, 2014
Fraudulently suffering decree for sum not due
Whoever fraudulently causes or suffers a decree or order to be passed against him at the suit of any person for a sum not due or for a larger sum than is due to such person or for any property or interest in property to which such person is not entitled, or fraudulently causes or suffers a decree or order to be executed gainst him after it has been atisfied, or for anything in respect of which it has been satisfied, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
llustration
- A institutes a suit against Z. Z, knowing that A is likely to obtain a decree against him, fraudulently suffers a judgment to pass against him for a larger amount at the suit of B, who has no just claim against him, in order that B, either on his own account or for the benefit of Z, may share in the proceeds of any sale of Z’ property which may be made under A’ decree. Z has committed an offence under this section.
December 15, 2014
“Reason to believe”
A person is said to have “reason to believe” a thing, if he has sufficient cause to believe that thing but not otherwise.
December 15, 2014
Fraudulent claim to property to prevent its seizure as forfeited or in execution
Whoever fraudulently accepts, receives or claims any property or any interest therein, knowing that he has no right or rightful claim to such property or interest, or practices any deception touching any right to any property or any interest therein, intending thereby to prevent that property or interest therein from being taken as a forfeiture or in satisfaction of a fine, under a sentence which has been pronounced, or which he knows to be likely to be pronounced by a Court of Justice or other competent authority, or from being taken in execution of a decree or order which has been made, or which he knows to be likely to be made by a Court of Justice in a civil suit, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
December 15, 2014
“Fraudulently”
A person is said to do a thing fraudulently if he does that thing with intent to defraud but not otherwise.
December 15, 2014
“Dishonestly”
Whoever does anything with the intention of causing wrongful gain to one person or wrongful loss to another person, is said to do that thing “dishonestly”.
December 15, 2014
Fraudulent removal or concealment of property to prevent its seizure as forfeited or in execution
Whoever fraudulently removes, conceals, transfers or delivers to any person any property or any interest therein, intending thereby to prevent that property or interest therein from being taken as a forfeiture or in satisfaction of a fine, under a sentence which has been pronounced, or which he knows to be likely to be pronounced, by a Court of Justice or other competent authority, or from being taken in execution of a decree or order which has been made, or which he knows to be likely to be made by a Court of Justice in a civil suit, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
December 15, 2014
“Wrongful gain”
Wrongful Gain – is gain by unlawful means of property to which the person gaining is not legally entitled.
Wrongful loss – is the loss by unlawful means of property to which the person losing it is legally entitled.
Gaining wrongfully. Losing wrongfully – A person is said to gain wrongfully when such person retains wrongfully, as well as when such person acquires wrongfully. A person is said to lose wrongfully when such person is wrongfully kept out of any property, as well as when such person is wrongfully deprived of property.
