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Principle: Whoever dishonestly misappropriates or converts to his own use any movable property, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Facts: A and B, being joint owners of a horse. A takes the horse out of B's possession, intending to use it. Here, as A has a right to use the horse, he does not dishonestly misappropriate it. A sells the horse and appropriates the whole proceeds to his own use.
  • a)
    A is guilty of Criminal misappropriation of the property
  • b)
    A not guilty of Criminal misappropriation of the property 
  • c)
    A not guilty of Criminal misappropriation of the property because he is the joint owner with B
  • d)
    None of the above
Correct answer is option 'A'. Can you explain this answer?
Most Upvoted Answer
Principle: Whoever dishonestly misappropriates or converts to his own ...
Understanding Criminal Misappropriation
In this scenario, A and B are joint owners of a horse. While A has the right to use the horse, his subsequent actions constitute criminal misappropriation. Here's the breakdown:
Joint Ownership and Rights
- As joint owners, A and B both have rights to use the horse.
- Initially, A taking the horse for personal use does not amount to misappropriation, as he has a legitimate claim.
Dishonest Intent
- The critical moment occurs when A sells the horse and keeps all the proceeds for himself.
- This act signifies a clear intention to convert the property solely for his benefit, disregarding B’s ownership rights.
Legal Definition of Misappropriation
- Misappropriation involves the dishonest appropriation of property belonging to another.
- In this case, A's sale of the horse violates B's rights as a co-owner, leading to a dishonest appropriation of the proceeds.
Conclusion
- A's actions post-sale demonstrate a clear intention to misappropriate the horse and its value.
- Therefore, A is guilty of criminal misappropriation, as he acted dishonestly against the interests of his co-owner, B.
In summary, while A initially had the right to use the horse, selling it and keeping the proceeds constitutes criminal misappropriation, making him guilty under the law.
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Principle: Whoever dishonestly misappropriates or converts to his own use any movable property, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.Facts: A and B, being joint owners of a horse. A takes the horse out of Bs possession, intending to use it. Here, as A has a right to use the horse, he does not dishonestly misappropriate it. A sells the horse and appropriates the whole proceeds to his own use.a)A is guilty of Criminal misappropriation of the propertyb)A not guilty of Criminal misappropriation of the propertyc)A not guilty of Criminal misappropriation of the property because he is the joint owner with Bd)None of the aboveCorrect answer is option 'A'. Can you explain this answer?
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Principle: Whoever dishonestly misappropriates or converts to his own use any movable property, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.Facts: A and B, being joint owners of a horse. A takes the horse out of Bs possession, intending to use it. Here, as A has a right to use the horse, he does not dishonestly misappropriate it. A sells the horse and appropriates the whole proceeds to his own use.a)A is guilty of Criminal misappropriation of the propertyb)A not guilty of Criminal misappropriation of the propertyc)A not guilty of Criminal misappropriation of the property because he is the joint owner with Bd)None of the aboveCorrect answer is option 'A'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Principle: Whoever dishonestly misappropriates or converts to his own use any movable property, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.Facts: A and B, being joint owners of a horse. A takes the horse out of Bs possession, intending to use it. Here, as A has a right to use the horse, he does not dishonestly misappropriate it. A sells the horse and appropriates the whole proceeds to his own use.a)A is guilty of Criminal misappropriation of the propertyb)A not guilty of Criminal misappropriation of the propertyc)A not guilty of Criminal misappropriation of the property because he is the joint owner with Bd)None of the aboveCorrect answer is option 'A'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Principle: Whoever dishonestly misappropriates or converts to his own use any movable property, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.Facts: A and B, being joint owners of a horse. A takes the horse out of Bs possession, intending to use it. Here, as A has a right to use the horse, he does not dishonestly misappropriate it. A sells the horse and appropriates the whole proceeds to his own use.a)A is guilty of Criminal misappropriation of the propertyb)A not guilty of Criminal misappropriation of the propertyc)A not guilty of Criminal misappropriation of the property because he is the joint owner with Bd)None of the aboveCorrect answer is option 'A'. Can you explain this answer?.
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