Saturday, 26 January 2019

Cheating—Promotion of quick money scheme by knowingly making false representation of doubling the money—Offence of cheating made out.

Theft of electricity by a company--Prosecution of directors of company-- It was obligatory on the part of the complainant not only to make requisite averments in the complaint petition but also to prove that any of the Directors who had been prosecuted for alleged commission of the aforementioned offence was incharge of and was otherwise responsible for the conduct or the affairs of the Company

Common intention--In order to bring in the concept of common intention it is to be established that there was simultaneously consensus of the minds of the persons participating in the act to bring about a particular result.

Decree against dead person--Death of defendant pending appeal--An application made for substitution of legal representatives, but no order passed by Court through inadvertence--Decree drawn against dead defendant--Decree executable against legal representatives--It was essentially a technical error--Held, act of court should do no harm to a litigant-- Civil Procedure Code, 1908, Section 47--Civil Procedure Code, 1908, Order 23 Rule 2.