The Gauhati High Court recently quashed an order taking cognizance of a cheating case for alleged breach of contract for sale of land, noting that there was no misappropriation or fraudulent or dishonest intention at the beginning of the transaction. In doing so the court underscored that mere breach of contract is not enough to prosecute for cheating unless dishonest …
While quashing the order of framing charges against the petitioners under the Prevention of Corruption Act, the J&K High Court observed that there was no whisper in the chargesheet and no material on record annexed to the chargesheet to even remotely suggest that the petitioner had obtained any pecuniary advantage or a valuable thing, either for themselves or for any …
The Delhi High Court has observed that a mere breach of contract does not give rise to criminal prosecution of cheating unless a fraudulent or dishonest intention is shown at the beginning of the transaction. It stated that a mere breach of contract cannot give rise to a criminal cheating case unless dishonest intention is shown. Subsequent conduct of the …
The Supreme Court on Monday held that while prosecuting a person for the offence of cheating punishable under Section 420 of the Indian Penal Code, it is to be seen whether the deceitful act of cheating was coupled with an inducement leading to the parting of any property by the complainant. Reversing the concurring findings of the High Court and …
NDPS Act dispenses with ‘dishonest intention’ and Section 35 directs the court to presume the existence of a culpable mental state for all the offences under the Act Mumbai’s Special Narcotic Drugs and Psychotropic Substances court on 21 October extended the judicial custody of Aryan Khan and others till 30 October in connection with the cruise ship drug case. So …
