Search Results for "Dishonest Inducement"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
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Supreme Court Upholds High Court's Determination that Non-Signatory to MoS Not B...

Search Results for "Dishonest Inducement"

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High Court

Gujarat High Court Dismisses Revision Against Rejection of Discharge in Cheque Dishonour Case — Prima Facie Case Made Out Under Section 138 NI Act. No Interference Warranted as Magistrate's Order Based on Material Evidence.

17 Mar 2026

The present criminal revision application was filed by Yogesh Premjibhai Suvariya and another (the petitioners/accused) challenging the order dated 08...

High Court

Gujarat High Court Quashes FIR in Loan Dispute — Non-Repayment of Loan Does Not Constitute Cheating or Criminal Breach of Trust Under Sections 406 and 420 IPC. Civil Nature of Dispute Leads to Quashing of Criminal Proceedings as Abuse of Process.

9 Mar 2026

The applicant, Bhavinchandra Suryakant Purohit, filed a criminal miscellaneous application under Section 482 of the Code of Criminal Procedure, 1973 (...

High Court

WRIT PETITION NO. 430 OF 2025

9 May 2025

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High Court

Bombay High Court Quashed FIR and Charge-Sheet Against Hospital Directors — Purely Civil Dispute With No Criminality Involved Tagline: No Ingredients of Cheating Established — Criminal Proceedings Termed an Abuse of Law Headnote: Acts and Sections Discussed: Constitution of India (COI) — Article 226 (Writ Jurisdiction) Code of Criminal Procedure, 1973 (CrPC) — Section 482 (Inherent Powers of High Court) Indian Penal Code, 1860 (IPC) — Section 418 (Cheating With Knowledge), Section 420 (Cheating and Dishonest Inducement), Section 34 (Acts Done by Several Persons in Furtherance of Common Intention) Keywords:Writ Jurisdiction — Quashing of FIR — Commercial Transaction — Civil Suit — Non-Payment of Dues — Abuse of Process — No Criminal Offence Nature of the Litigation:Writ Petition filed under Article 226 of the Constitution of India seeking quashing of FIR and charge-sheet. Petitioners’ Relief Sought:Quashing of FIR No.98 of 2020 lodged at Bhosari Police Station and the charge-sheet arising from it. Reason for Filing the Case:Allegations of non-payment of professional dues and financial aid advanced to the hospital. Prior Decisions:Special Civil Suit No.1161 of 2018 filed by the complainant for recovery of Rs.53,11,652/- was pending before the Civil Judge, Senior Division, Pune. Issues:Whether the dispute between the parties was of a civil or criminal nature, and whether criminal proceedings were maintainable alongside a pending civil suit. Submissions/Arguments:(a) Petitioners: FIR related to events preceding their control of the hospital — No criminal intention or inducement established — Civil suit already instituted for the same financial claims. (b) Respondents: Civil and criminal proceedings can proceed simultaneously — Alleged WhatsApp messages demonstrated promises to clear dues. Decision:FIR and charge-sheet quashed — Court held that the case was purely civil in nature, with no elements of cheating or criminality — Proceedings deemed an abuse of process of law. Ratio:No criminal offence was made out against the petitioners — Allegations of non-payment related to a period before the petitioners took control of the hospital — Civil remedy already sought by the complainant — No dishonest inducement proven as required under Sections 415 and 420 of IPC. Relevant Paragraphs:Paras 9, 10, and 11 of the judgment outline the court’s rationale for quashing the FIR and charge-sheet.

4 Feb 2025

FIR and charge-sheet quashed — Court held that the case was purely civil in nature, with no elements of cheating or criminality — Proceedings deem...

Supreme Court

Supreme Court Allows Appeal of Educational Society Founders in CBI Case — Discharge Upheld as Cheating Ingredients Not Made Out. Non-Disclosure of Land Mortgage in AICTE Applications Did Not Amount to Dishonest Inducement Under Section 420 IPC Where AICTE Had Knowledge and No Official Was Implicated.

29 Apr 2024

The Supreme Court allowed the appeal filed by Vipin Sahni and another against the order of the Allahabad High Court which had set aside their discharg...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Corporate Official in Dispute Over Purchase Order Rates. The Court held that allegations of non-payment in a commercial transaction, involving rate revisions for supply of dissolved acetylene gas, did not constitute offences under Sections 406, 504, 506 IPC and were purely civil in nature, warranting quashing under Section 482 CrPC to prevent abuse of process.

30 Jan 2024

The Supreme Court heard an appeal against the Allahabad High Court's dismissal of a petition under Section 482 of the Code of Criminal Procedure, 1973...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Company and Its Officials in Breach of Trust Case Due to Lack of Prima Facie Evidence. The Court Held That Allegations of Forged Demand and Outstanding Amounts Pertained to Civil Disputes Under Dealership Agreements and Did Not Constitute Criminal Breach of Trust Under Section 406 Indian Penal Code, 1860.

2 Jan 2023

The appeal arose from criminal proceedings initiated by a private complaint alleging criminal breach of trust under Section 406 IPC against Jotun Indi...

High Court

High Court of Karnataka Quashes Criminal Proceedings in Cheating Case Due to Civil Nature of Dispute — Promise to Marry Not Proven as False from Inception. The court held that a mere breach of promise to marry does not constitute cheating under Section 417 IPC unless the promise was false at the time it was made, and the dispute being essentially civil, criminal proceedings were an abuse of process.

16 Dec 2016

The petitioner, D.S. Karthik, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash the cognizance tak...

High Court

Bombay High Court Quashes Rape FIR in Breach of Promise to Marry Case — No Offence of Rape Made Out as Sexual Intercourse Was Consensual Based on Promise of Marriage. Court holds that failure to marry due to incompatibility does not constitute rape under Section 375 IPC or cheating under Section 417 IPC.

20 Jan 2016

The petitioners, including the main accused Bharat Devdan Salvi and his family members, filed a writ petition under Article 226 of the Constitution re...

High Court

Bombay High Court Quashes Rape FIR in Breach of Promise to Marry Case — Consensual Relationship Not Rape. Sexual intercourse based on a promise to marry does not constitute rape under Section 375 IPC if the promise is broken due to circumstances beyond control, and family members cannot be vicariously liable for rape under Section 376 IPC.

20 Jan 2016

The petitioners, including Bharat Devdan Salvi (Petitioner No.1) and his family members (Petitioners No.2 to 7), filed a Criminal Writ Petition under ...

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