..., ‘dishonest concealment of fact’ is a deception within the meaning of this section. Therefore, the prosecution has to establish dishonest concealment of facts. What is ‘dishones..., mind, reputation or property. Under the explanation to s. 415, Indian Penal Code deception of any person would be as a result of dishonest concealment of fact. It is necessary for the prosecutio...to establish that there was deception of any person and in consequence of the deception intentional inducement to do or omit to do must be there. In my view when there is dishonest concealment of ...

...present in this case. On the contrary as mentioned hereinabove, prima facie the dishonest concealment of fact reveals from record, amount to deception and same requires trial of the case...numbers like 4651, 130 and 4655 are only on the name of Asharani. In these circumstances, there is a prima facie evidence on record for dishonest concealment of facts which amount to deception and deception...The petitioner has filed this petition, invoking extra ordinary jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, for quashing the...

...pending against him.2. Section 415, Penal Code, states in the explanation:“a dishonest concealment of fact is a deception within the meaning of the section...on the merits of a case on a question of fact or whether he is limited to interference only on a point of law. Learned counsel argued that it was only on the point of law that a District Magistrate...1. This is an application in revision on behalf of one Dturga Prasad. There was a complaint under Ss. 417 and 420. Penal Code, made against him which was dismissed under Section 203 of the...

...omission causes or is likely to cause damage or harm to that person in body mind, reputation or property, is said to cheat.” An explanation to this section states that a dishonest concealment of fact is a...of the document. Deception which is the root of an offence of cheating has also been alleged on this ground only as there had been a dishonest concealment of the fact of earlier ...the only conclusion that it was a dishonest concealment of fact.11. Materials were placed before this Court by the parties wherefrom it can be gathered that the parties had been...

...“cheat”.Explanation.—A dishonest concealment of facts is a deception within the meaning of this section.”12. If we go through the above definition with its explanation and Page: 6ill...different factual situation and the fact of that case has no bearing with the fact of the present case at hand and, therefore, I find nothing to refer the ratio of that decision in the present case...1. By the petition, filed under section 482 of the Code of Criminal Procedure, 1973 (‘Cr. PC’) the petitioner challenged the under dated 11.7.2012 passed by...

...meaning of that section. On the question as to whether there can be a concealment of facts when there is no duty to speak or to disclose the facts, there has been a difference of opinion among the High Courts. It w...1956 All 341 (at page 346), where the following observations are made: "The explanation to Section 415 makes it clear that dishonest concealment of fact is a deception within...the meaning of the section. It is to be noted that the concealment of fact that is said to be a deception is dishonest concealment and not illegal and deliberate concealment. If a statute...

...to "cheat. Explanation. A dishonest concealment of fact is a deception within the meaning of this Section. 6. Mr. Mahajan does not dispute the fact that P.W. 2 wa...Section 420 of the Penal Code. Mr. Mahajan very properly did not question the finding of fact recorded by the Courts below that the petition...found great difficulty in persuading me to disturb the finding of fact recorded to that effect by the Courts below". 5. But, as a legal argument has been advanced by Mr. Mahajan and...

...intention. In the absence of dishonest concealment of fact, convicting the person under Section 417 of I.P.C is erroneous in law. According to him, the entire occurrence narrated by PW1 was happen.... In otherwise, in respect to the dishonest concealment of fact, there is no evidence available from PW1. In fact, in her evidence, for a suggestion, the prosecutrix presumed that the appellant would...marry her in near future. Therefore, in the absence of dishonest concealment of fact, which is the essential ingredient of offence within the meaning of explanation appended to Section 41...

...of any material fact relating to the property will not amount to concealment of a fact with dishonest intention. We are not concerned in this case with a case of mere non-disclosure. Here...observed by the Allahabad High Court that even a dishonest concealment of the fact will amount to an offence as contemplated by the Explanation to Section 415 of the Indian Penal...concealment of fact is a deception within the meaning of the section. It is to be noted that the concealment of fact that is said to be a deception is dishonest ...

...case is purely of civil nature and no criminal case is made out against the petitioners. There is no case that the petitioners deceived the complainant rather there was dishonest concealment of fact by.... Counsel for the O.P. No. 2 has submitted that the petitioners had dishonest intention from the very beginning and they have deliberately got executed the sale deed of 8 decimals of land as they were not...their arrest in connection with Complaint Case No. 1003 of 2015 for the offence under sections 420/34 of the Indian Penal Code. It appears that under order...

...dishonest concealment of fact is a deception within the meaning of this section.”The above Section has been elicited with nine illustrations.7. Section 406...Section 415 of the Indian Penal Code, the ingredients of fraudulent, dishonest intention has became the basic sine quonon and if it is there or identified, then it is to be further...has become imperative for the Court to see that the criminal breach of trust and cheating, though, generally involves dishonest intention, but, both are mutually exclusive and different in the basic...

...damage or harm to that person in body, mind, reputation or property, is said to “cheat”.Explanation — A dishonest concealment of fact is a deception within the meaning of this section...1. This is a criminal appeal filed by the complainant Nagarajan under S. 378, Cr. P.C against the judgment dt. 24-5-82, in C.C 86 of 1982 on the file of the Court of the learned Judicial...case of the complainant against the accused is that the accused had dealings with the complainant; that a sum of Rs. 3,000/- became due to the complainant in the month of Oct. 1981; and that the...

...said section it is clear that a dishonest concealment of fact is a deception within the meaning of this section (emphasis supplied).34. I have already stated that the book in question...different. As it is verbative translation of the original book, it cannot be said that there was any dishonest concealment of fact.35. It has become the settled principle of law at...petitioners, challenged the proceeding on the following grounds:a) That there was material suppression of fact before the Court below.b) That the Court below without...

...to cause damage or harm to that person in body, mind, reputation or property, is said to cheat Explanation: a dishonest concealment of fact is a deception within the meaning of...The criminal revision case is filed by p. W. 1. Complainant in c. C. No. 23 of 1987 on the file of the chief judicial magistrate, salem against the order passed by the said magistrate...acquitting the two accused in the case. First accused is the husband and the second accused is his wife. 2. The case of the complainant - revision petitioner is that the two accused...

...to commit cheat. A dishonest concealment of fact is also a deception within the meaning of this Section. The facts and circumstances show that prima facie case is made out against the petitioner. When...ORDERThis petition is filed under Section 482 Cr.PC to quash Annexure A FIR in Crime No. 656 of 2012 of Kalamassery Police Station and pending before Judicial First Class...Magistrate Court-II, Aluva under Section 420 IPC, by invoking inherent jurisdiction. The first respondent in this case filed a petition to the Inspector General of Police, Ernakulam which was forwarded...

...be located at their villages and the said concealment of material fact amounts to cheating the sellers in as much as, as per the explanation appended to Section 415 IPC makes it clear that a dishonest ...did not disclose the said fact before purchasing the lands and concealed the said fact it would clearly come within the purview of the explanation appended to Section 415 of IPC of dishonest ...buyers did not inform the sellers of the land that the capital area is going to be located at their lands or not under Section 420 of IPC? Whether it amounts to dishonest concealment of fact as pe...

.... While referring to cheating as defined under Section 415 Indian Penal Code, 1860, he submitted that as mentioned in the explanation that dishonest concealment of fact is a...intending for the purpose of cheating. To bring the petitioner within the four-corners of Section 415 as mentioned in its explanation that dishonest concealment of fact is a deception but has to b...cheated by the petitioner. No eye witness has been produced by the prosecution with regard to the fact that the petitioner had cheated anyone or on account of dishonest/false representation made by...

...cannot be convicted for an offence u/s 417 of the Indian Penal Code as neither there was a dishonest concealment of fact nor there was a dishonest intention from the very inception of the.... Section 415 of the Indian Penal Code defines cheating and the explanation to the said Section reveals that a dishonest concealment of facts is a deception within the m...for the petitioner that no case of cheating is made out against the petitioner as the informant was well aware of the marital status of the petitioner but in spite of the said fact she had consented to...

.... , and lic of india. When there is no such agreement, it is dishonest concealment of fact, which is a deception. If he had no criminal intention at the time of making the promise, there is no nee...agreement. Law permits that such dishonest intention can be gathered from the circumstances of the case. If a person makes a false promise or conceal a material fact is a deception within the meaning of...explanation to section 415 i pc. Concealment of fact as alleged by the complainant in this case is that the accused firm entered into memorandum of understanding with satyam computers services ltd...

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