CUSTOM SEARCH

CIVIL BREACH MAY ALSO CONSTITUTE CRIMINAL BREACH OF TRUST

READ FULL JUDGMENT
Justice P. Sathasivam, Justice B.S. Chauhan of Supreme Court of India in M/S Thermax Ltd.& Ors. vs K.M.Johny & Ors. on 27 September, 2011 The injury alleged may form the basis of civil claim and may also constitute the ingredients of some crime punishable under criminal law. When there is dispute between the parties arising out of a transaction involving passing of valuable properties between them, the aggrieved person may have a right to sue for damages or compensation and at the same time, law permits the victim to proceed against the wrongdoer for having committed an offence of criminal breach of trust or cheating. Here the main offence alleged by the appellant is that the respondents committed the offence under Section 420 IPC and the case of the appellant is that the respondents have cheated him and thereby dishonestly induced him to deliver property. To deceive is to induce a man to believe that a thing is true which is false and which the person practising the deceit knows or believes to be false. It must also be shown that there existed a fraudulent and dishonest intention at the time of commission of the offence.

No comments:

KARNATAKA LAND LAWS