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Results of breach of contract 420 ipc s 406

Showing : 1-10 of 15 Results

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 409, 120B -- Quashing of complaint - Cheating - Civil dispute - Breach of contract - It cannot be said that at the time of entering into agreement, there was any intention on the part of appellant to cheat - No suspicion of any nature shown or alleged - No allegation that agreement was..........

RAJASTHAN HIGH COURT

Year of decision: 2015
Details

Indian Penal Code, 1860, Section 420, 406, 384, 120B -- Offence u/ss 420, 406, 384, 120-B IPC - Case of breach of contract - Neither there is any dishonest intention at the inception nor any threat was ever given prior to delivery of property - Even offence of conspiracy is not proved - Essential ingredients of alleged offences missing in case - Prima facie no allegations..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2014
Details

Indian Penal Code, 1860, Section 420, 406 -- Cheating - Contractual allegations - A distinction has to been kept in mind between mere breach of contract and the offence of cheating - It depends upon intention of accused at the time of the inducement - Subsequent conduct is not the sole test - Mere breach of contract cannot give rise to criminal prosecution for cheating..........

SUPREME COURT OF INDIA

Year of decision: 2014
Details

Indian Penal Code, 1860, Section 406, 420 -- Criminal breach of trust & cheating - Non-payment of bill amount pertaining to contract between parties does not amount to criminal breach of trust - Moreover, there are no allegations as to cheating or dishonest intention of appellants in retaining money in order to have wrongful gain to themselves or causing wrongful loss to..........

ALLAHABAD HIGH COURT

Year of decision: 2014
Details

Indian Penal Code, 1860, Section 406, 420, Criminal Procedure Code, 1973, Section 482 -- Criminal breach of trust - Cheating - Quashing of complaint - Complaint does not disclose any breach of contract nor intention to cheat - Only sale amount was not paid in part - Offence discloses only a civil liability - Held, no offence u/ss 406 & 420 IPC is made out - Prosecution is..........

CALCUTTA HIGH COURT

Year of decision: 2013
Details

Indian Penal Code, 1860, Section 420, 406, 506 -- Cheating & criminal breach of trust - Petitioner inducting opposite party No.2 as minor business partner and taking Rs.5 lac as security on the promise to refund the said amount on termination of relationship - Petitioner assured a minimum sum of Rs.2 lac as profit - Held, it must be construed as expectation of profit and..........

CALCUTTA HIGH COURT

Year of decision: 2013
Details

Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 420, 336, 120B -- Cheating and criminal breach of trust - Quashing of proceeding - Gist of case made out in civil suit is wholly inconsistent with allegation that defective materials not at all replaced by petitioners as alleged in impugned criminal proceeding - Allegation of no, replacement..........

ALLAHABAD HIGH COURT

Year of decision: 2012
Details

Indian Penal Code, 1860, Section 406, 420, Criminal Procedure Code, 1973, Section 200, 202 -- Breach of contract/cheating/criminal breach of trust - There is very thin difference between a case of breach of contract and a case of cheating/criminal breach of trust - A mere breach of contract is not, necessarily cheating - A mere refusal to repay money or carry on the firm..........

JHARKHAND HIGH COURT

Year of decision: 2012
Details

Indian Penal Code, 1860, Section 406, 420, 120B, Criminal Procedure Code, 1973, Section 482 -- Criminal breach of trust - Cheating - Conspiracy - Quashing of proceedings - FIR does not constitute offence of cheating - At the same time, in absence of any dishonest intention, the case of criminal breach of trust is also not made out - Rather the case appears to be a mere..........

RAJASTHAN HIGH COURT

Year of decision: 2011
Details

Indian Penal Code, 1860, Section 420,406, Criminal Procedure Code, 1973, Section 482 -- Cheating - Civil dispute - Quashing of FIR - Cognizance of offence u/ss 420 and 406 IPC - As per oral and documentary evidence upon which challan has been filed it is a case of non-execution of sale deed by petitioner No.2 - Held, if dispute between parties was initially a civil..........

Showing : 1-10 of 15 Results