Contract Dispute Archives

criminal liability contractual obligation

Can mere non-fulfilment of contractual obligation attract criminal liability? Rajasthan High Court answers

“The distinguishing factor between the offence of cheating and any other civil dispute lies in the presence or absence of mens rea at the inception of the transaction. To constitute the offence of cheating, it must be shown that the accused had a dishonest or fraudulent intention from the very beginning.”

Case Briefs High Courts

Delhi High Court dismisses S. 11 Arbitration petition due to Debit Notes issued after MSMED registration in arbitration proceedings

MSMED Act is a beneficial legislation for Micro Small & Medium Enterprises and provides that a buyer can also raise counter claims before the statutory arbitrator under the MSMED Act. Moreover, the scope of the Act as stated therein is to the extent that even if there is an agreement for arbitration between the parties, the MSMED Act will have overriding effect.