dishonest intention Archives

Registered Sale Deed Cannot Be Contradicted by an Unregistered Agreement; Trial Court Cannot Act as a Mere Post Office of the Prosecution: Bombay High Court

The Court held that a registered sale deed supported by receipt of consideration and transfer of title cannot be contradicted by an unregistered agreement, and in the absence of dishonest intention from inception, no offence of cheating under Section 420 IPC is made out.

Case Briefs High Courts

‘Mere breach of a promise cannot give rise to criminal prosecution’; Gauhati HC quashes criminal proceedings against doctor accused of cheating man of Rs 2 Lakhs

“The act of breach of trust involves a civil wrong, in which an aggrieved person may seek redressal for damages in Civil Court, but a breach of trust with mens rea gives rise to criminal prosecution.”

Case Briefs High Courts

Action contrary to departmental rules not criminal misconduct by public servant: Kerala HC

“Mere conduct and action of the accused contrary to rules and departmental norms would not amount to criminal misconduct by a public servant.”

Case Briefs High Courts

Delhi High Court awards Rs. 25 lakhs damages to ‘Daawat’ Basmati Rice in a trade mark infringement suit; restrains manufacturer from selling counterfeit ‘Daawat’ Products

Delhi High Court: In a suit for permanent injunction and damages for infringement of marks, passing off and unfair competition