Fraud recovery
3 years ago
Sir, Can misappropriation amount made by the delinquent official, recovered from surrendering Life Insurance policies (without the consent of the official/policyholder). Please suggest with any court decisions or Rules. As many of the Contributory officials are identified and defrauded amount is being recovered through them.
A.It is unknown to criminal and service jurisprudence. Approach the High court.
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Shreesh Chadha
Responded 3 years ago
A.1) Have to file police complaint under S. 409,420 IPC. Get FIR registered through court if you have to.
2) Additionally, a case under Prevention of Corruption Act is also made out. They have colluded within the department to get to this point.
3) Kindly find a case law of Madras HC to support the above conviction under Prevention of Corruption Act- https://indiankanoon.org/doc/1565010/
4) In your situation, the elements of S. 409 IPC are met, find case law of Supreme Court to understand- https://indiankanoon.org/doc/621535/
5) Would need more facts about time, jurisdiction etc.
Regards
Adv Shreesh Chadha
2) Additionally, a case under Prevention of Corruption Act is also made out. They have colluded within the department to get to this point.
3) Kindly find a case law of Madras HC to support the above conviction under Prevention of Corruption Act- https://indiankanoon.org/doc/1565010/
4) In your situation, the elements of S. 409 IPC are met, find case law of Supreme Court to understand- https://indiankanoon.org/doc/621535/
5) Would need more facts about time, jurisdiction etc.
Regards
Adv Shreesh Chadha
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