The Kerala High Court has held that each and every breach of contract would not amount to breach of trust unless it is shown that there was an intent to cheat and defraud from the very inception. Merely for breach of contract, criminal proceedings would not lie and the remedy in case of breach of trust is to sue for …
The Supreme Court observed that it would be a folly to treat every breach of promise to marry as a false promise and to prosecute a person for the offence of rape under Section 376 IPC.One cannot deny a possibility that the accused might have given a promise with all seriousness to marry her, and subsequently might have encountered certain …