mukesh gupta (advocate) 28 February 2012
A, a sevant refuses to return the plate given to him, when owner demands it back.
A, a servant runs away with the plate given to him.
Q.BOTH THE SITUATIONS ARE SAME EXCEPT THAT IN 1ST CASE THE SERVANT IS PRESENT BUT REFUSING AND IN 2ND CASE SERVENT HAS RUN AWAY. In both the cases the nature of possession is same, as only the act of servant is different. what is the offence the servent has committed in both the cases
Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 28 February 2012
First the servant was entrusted, the second servant has usurped it.
Shantilal Pandya ( Advocate) 29 February 2012
In the first case, it would be criminal breach of trust and in the second, it will be a robbery if the act was committed in presence of the owner. since running away would amount to snatching away the plate.
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