...consists of two parts. The first part 3 (1) refers to any mischief by doing any act in respect of any public property, other than public property of the nature referred to in sub-section (2), whic...the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits mischief”. Thus this section clearly speaks of causing any change in property or to destroy or...; or(iii) any local authority etc.The present property was clearly in possession of the Government. The wide definition would therefore include all kinds of immovable...

...“committing mischief within the meaning of Section 425 of the Indian Penal Code, by fire or any explosive substance on any property of Government or any local authority or any corporation owned or controll...draws a distinction between mischief by fire or explosive substance upon property of one of the specified categories and such mischief upon any such properties which disturbs or is...detention are acts which fall under Section 3(2)(b), in that, they constitute mischief by fire and by explosive substance on property of an educational institution. But the question is whether these...

...”.9. According to definition of mischief, the main ingredient of the mischief is that there must be intent to cause wrongful loss and damage to the property and with that intent de...diminishing value of the property does not fall within the definition of “mischief”.10. So far the allegation against the Petitioner is concerned, it is quite clear from the fardbeyan...provision of Prevention of Damage of Public Property Act, 1984 is misuse of process of the Court. No case is made...

...mischief under Sect. 430 of the Indian Penal Code. The definition of ‘mischief in Sect. 425 requires that it is the destroyed property that must have lost its utility or value. Here assuming that ...bund did not belong to the complainant, by the mere diminution of water supply there has been no destruction or diminution in value or utility of the property on which the injurious act was committed...by the accused. It was pointed out in 4 M.H.C.R Rulings 15 that unless the property itself was injured the mere putting up of a dam at a particular place which resulted in depriving the complainant of...

...Act of 1984. Section 3 defines the definition of mischief causing damage to public property. Section 3 reads as under:—“3. Mischief causing damage to pub...cause damage or a wrongful loss to the property. Hence, his case falls within the definition of mischief contained in Section 425 of IPC. From this premise it follows that his case is also covered under...-11 wires. Hence, the story narrated by the complainant seems to be a figment of bis imagination. Secondly, that the definition of “mischief as defined in Section 425 of IPC imports an element of...

...property would not fall within the definition of mischief and the writ petition may be dismissed. 5. I have carefully gone through the order passed by the learned Magistrate as...to take into consideration the definition of mischief contained in Section 425 of the I.P.C. and without application of mind had directed the process to be issued which has been rightly interfered...constitute mischief within the meaning of Section 425 of the I.P.C. The respondents have not caused any destruction or change in the property of the petitioner so as to destroy or diminish its value or...

..., commits ‘mischief’.”5. Section 429 punishes mischief by killing an animal like a bull. Reading the definition of ‘mischief’, it is obvious that the property to which ...9 turned hostile to the prosecution in denying its story attributing the initial ownership of the bull to him and held that the bull was a public property and that it had some utility in the village...bring the offence within ambit of S. 425, which defines “mischief” as below:“Whoever, with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or...

...minors and to that extent it is a transfer of property which comes within the mischief of the definition of the word “gift”, and, therefore, must bear the liability of gift-tax....term “transfer of property” is defined in clause (xxiv) of section 2. The said definition so far as it is relevant for the purposes of the contention of Mr. Kaji provides as under...view of the Appellate Assistant Commissioner that there was no gift of the share of the respondent-assessee in the goodwill. It then proceeded to examine the definition of “gift” under the...

...the act of the petitioner prima facie constitutes a "mischief" within the meaning of Section 2(a) of the The Prevention of Damage to Public Property Act, 1984, wherein the definition ...Public Property Act, 1984 is made out because neither any mischief nor any damage to the property has been caused/committed. The applicant has the status of unauthorized occupant. Even if entire...Public Property Act, 1984 is not warranted. Learned Additional Government Advocate appearing for the State, on the other hand, has submitted that a perusal of the F.I.R. as well as the police Report...

...the definition of mischief, it is not necessary that there should be destruction of any property. It is sufficient if there occurs a change in the property or in the situation thereof as to destro...used as a place of worship or as a human dwelling or as a place for custody of property. 10. Mischief is defined under Section 425 of the Indian Penal...Code thus: "425. Mischief. -- Whoever with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, causes the destruction of any property...

...or destruction of the property in our view clearly falls under the definition of mischief under Section 425 IPC. and as the act of the respondents itself is an offence punishable under IPC, the em...definition of mischief under Section 425 IPC and as there is an embargo under proviso under Section 10 of the Contempt...a suit in O.S No. 16507/2005 on the file of the City Civil Judge, in respect of a house property, praying for relief of permanent injunction. In the suit, interim application was filed under...

...Section 116 of the Transfer of Property Act on the same terms and conditions, as before, even after the expiry of the period ...106 of the Transfer of Property Act and in view of the earlier order under the Land Encroachment Act a suit would be the only remedy. It is needless to go into this...1. The petitioners have prayed for restraining the respondents from demolishing their structures, which they describe to be permanent structure, situated in Gulab, Bagh, ward No. 20 of...

...below have found the applicant guilty.4. The contentions of the learned counsel for the applicant are two-fold: firstly, that the applicant's action is not covered by the definition of mischief becau...destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits ‘mischief’.6. It.... This, as held by the Calcutta High Court, was such destruction or change or diminution in the value or utility of the property as to come within the mischief of Section 426...

...one which is ordinarily used as a place of worship or as a human dwelling or as a place for custody of property.10. Sections 435 and 436 of the Indian Penal Code should be read along with ...of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits “mischief”.7...produce of Rs. 100/- or upwards, Section 435 is attracted. If mischief by fire is caused to any property which attracts Section 435, but with an intention to cause or with the knowledge that it is...

...in favour of the minors and to that extent it is a transfer of property which comes within the mischief of the definition of the word 'gift' and, therefore, must bear the liability ...been said to be existing property. The Appellate Assistant Commissioner of Gift-tax, therefore, allowed the appeal of the assessee by his order of August 12, 1971. The revenue, therefore, carried the...to be given to them by admitting them to the benefits of the partnership business. In the opinion of the Tribunal, the right to share future profits was not to be considered existing property and...

...Code does not apply to the present case. Nor do I think that the case comes under the definition of '"mischief."' To constitute the offence of mischief the act done must be shown to have caused de...dedicated and set at large is nullius proprietas and it is therefore, in my opinion incapable of being made the subject of "mischief." For the same reason it is not 'property' which is capable of.... 4th.-That the bull was not "property" within the meaning of Section 425, Indian Penal Code, and could not therefore be the subject of "mischief." 5t...

...speculation it can be enveloped within the definition of an enclosure. Sequelly, this “Chhappar” is not covered by the semantics of Section 436 ibid. In re : Raj Singh (supra), it has been laid down by this Court that the “...likely that he will thereby cause, the destruction of any building which is ordinarily used as a place of worship or as a human dwelling or as a place for the custody of property, shall be punished..., whereas according to this witness, the shops were set ablaze. The most crucial question calling for determination herein is as to whether “Chhappar” falls within the mischief of Section 436 ibid. Om...

...definition provided under the Indian Penal Code for the word mischief is to be taken into consideration for the purpose of application. 19. Section 2(4) defines property...of mischief is not intended to be confined only to cases of wrongful loss, but also to engulf within it all such cases of damages by unlawful means. 24. Keeping in mind the ...in the Act shall include financial loss, if any caused on account of such act of 17/35 http://www.judis.nic.in mischief falling within the definition of the Act. The Property is defined under Sec...

...complainant was not committing any theft, robbery or mischief whereas S. 97, Indian Penal Code, gives right of private defence to defend a property only against an offence following the definition of theft..., robbery, mischief or criminal trespass. In the present case the Magistrate says that the cattle belonged to the complainant and, therefore, there could be no theft and hence no right of private defence...taken to the pound by the accused. Therefore, the accused were lawfully in possession of the property under the Cattle Trespass Act when they were taking them to the pound. The fact that the accused were...

...hand that the very fact that the supply of water through the pipe line was stopped, it amounted to a change in the property so as to attract the definition of “mischief” under S. 425 of the Indian...face value does not constitute “mischief” within the meaning of S. 425 of the Indian Penal Code as there was neither any destruction of the property nor any change in the property or in the situat...“mischief” under S. 425 of the Indian Penal Code, there must be a physical change in the property which diminishes its value or utility. The pipe did not change its character as a pipe and its value or...