Indian Penal Code, 1860, Section 420 -- Cheating - No allegation that there was intention to cheat from the very inception - Ingredients of S.420 IPC not made out...........
Indian Penal Code, 1860, Section 420 -- Cheating - To constituting an offence of cheating, the complainant is required to show that the accused had fraudulent or dishonest intention at the time of making promise or representation - Even when there is failure to keep promise, in absence of a culpable intention at the time of making initial promise being absent, no offence..........
Indian Penal Code, 1860, Section 420 -- Cheating - Facts disclosing the ingredients of the offence must be averred...........
Indian Penal Code, 1860, Section 420 -- Cheating - Only because civil law can be taken recourse to does not necessarily mean that criminal proceedings should be barred...........
Indian Penal Code, 1860, Section 420 -- Cheating - Ingredients of offence u/s 420 IPC are : (i) Deception of any persons; (ii) Fraudulently or dishonestly inducing any person to deliver any property; or (iii) To consent that any person shall retain any property and finally intentionally inducing that person to do or omit to do anything which he would not do or omit...........
Indian Penal Code, 1860, Section 415, 420, Criminal Procedure Code, 1973, Section 482 -- Machine not manufactured as per order - Refusal to return advance - Accused summoned u/ss 417, 420 IPC - - To constitute an offence of cheating complainant is required to show that accused had dishonest intention at the time of making promise - In case accused commits breach of promise..........
Insurance claim -- Suppression of material facts - Complicated question of fraud and cheating - Insurance claim - Death of insured within four months - Two medical certificates of same doctor and of same date one certifying insured not suffering from any disease for the last ten years and other certificate stating insured mentally ill and physically handicapped - Criminal..........
Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Agreement to sell - Non execution of sale deed inspite of receiving earnest money - Complaint of cheating - Dismissal of complaint - High Court holding that a clear case of cheating is made out and directions issued to make further inquiry and pass appropriate order - Held, High Court could not have passed such orders..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 120B, 420, 467, 468, 471, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Bail - Offence of breach of trust, cheating, dishonesty, embezzlement and misappropriation of money belonging to bank - Over draft granted beyond discretionary power without reporting to controlling authority..........
Indian Penal Code, 1860, Section 302, 364, 201, 171, 420 -- Appeal against conviction - No direct evidence to prove murder or motive - Dead body not recovered - It is not clear in what manner murder was committed - Offence of murder not proved - As far as offence of cheating, impersonation, abduction, and causing disappearance of evidence is concerned the same is proved..........
