Indian Penal Code, 1860, Section 420 -- Cheating - Mens rea - It is a mixed question of law and fact - Absence of averment of mens rea - Court cannot expect complainant to speak about mens rea - It is for court to gather from evidence - Complainant cannot be thrown away at threshold for want of averments of mens rea...........
Indian Penal Code, 1860, Section 376, 417 -- Rape - Allegation that accused allegedly committed rape by giving promise of marriage - Held, consent obtained is not a consent in eye of law as the same was obtained by deception - Act of deception played by the accused that consent was for sexual intercourse - Thus cheating is a part of offence u/s 376 of the Code - Thus when..........
Agreement to sell -- Specific performance - Court is regularly noticing that a vendor after executing the agreement takes dishonest pleas that either he has not executed the agreement or that he has no knowledge of the contents or terms and conditions of the agreement just to frustrate performance of the contract thereby showing extreme dishonesty and cheating to the..........
Agreement to sell -- Specific performance - It has become a regular tendency that first enter into an agreement or a contract and thereafter resile from the promise - Person making the payment is thus feels cheated after getting involved in an unexpected and unsavoury situation of unwanted litigation so initiated by a dishonest person - Thus, the primary duty of a Court of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420 -- Quashing of proceedings - Case registered for offence of cheating - Intention whether honest or dishonest to be gauged from facts proved during trial or from material collected by investigating agency - Investigating officer yet to collect material to find whether matter is of civil nature..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 120B -- Anticipatory bail cannot be denied merely because the allegations pertain to cheating or forgery of a valuable security...........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 320 -- Offence of cheating - Compounding of offence - Proceedings quashed - No useful purpose will be served in allowing prosecution to continue - It will lead to wasting of time of Court...........
Prevention of Corruption Act, 1947, Section 5(2), Indian Penal Code, 1860, Section 420, 471 -- Cheating by making complainant believe that accused can get the land allotted and extracted money from him - Accused not arrested accepting illegal gratification to give some assistance in discharge of duties in his official capacity - Held, offence u/s 5(2) of Prevention of..........
Indian Penal Code, 1860, Section 420 -- Cheating - Fraudulent or dishonest intention - Held, for the purpose of establishing offence of cheating, complainant is required to show that accused had fraudulent or dishonest intention at the time of making promise or representation...........
Indian Penal Code, 1860, Section 464, 467, 471 -- Sale of property by a person who is not the owner thereof - Purchaser who is the person defrauded can complain that vendor committed the fraudulent act of cheating - A third party who is not the purchaser under the deed may not be able to make such complaint...........
