Penal Code, 1860
415. Cheating.—
Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person ... body, mind, reputation or property, is said to “cheat”. Explanation.— A dishonest concealment of facts is a deception within the meaning of this section. Illustrations
forecast which is false, deceptive or misleading, or by any dishonest concealment of material facts, induces or attempts to induce another person to enter into
case shows, either that any material fact has been dishonestly concealed from him by the agent, or that the dealings of the agent have been ... repudiate the sale, if he can show that B has dishonestly concealed any material fact, or that the sale has been disadvantageous
duty; concealment can arise even in the absence of a statutory duty.
Every concealment does not, however, amount to deception; only dishonest concealment, amounts ... dishonest, the concealment is dishonest even in the absence of a duty to speak.
In the instant case there was dishonest concealment of a material
explanation appended to
Section 415 IPC makes it clear that a dishonest concealment of
fact is a deception within the meaning of the said Section ... concealed the said fact it would clearly come within
the purview of the explanation appended to Section 415 of IPC
of dishonest concealment of fact
meager consideration of Rs.5,00,000/- has been
dishonestly concealed by the defendants and the said
transaction has been disadvantageous to the plaintiff ... case shows,
either that any material fact has been dishonestly
concealed from him by the agent, or that the
dealing of the agent have been
dishonest concealment of fact" is a deception within the meaning of this section. Therefore, the prosecution has to establish, dishonest concealment of facts ... concealment of fact should be for the purpose of wrongful gain by unlawful means of property. In the instant alleged cheating such a dishonest concealment
time of the concealment or the intention behind it. If the intention is dishonest, the concealment is dishonest even in the absence of a duty ... illegal without being dishonest, Section 415, I. P. Code does not deal with illegal concealment of facts but with dishonest concealment of facts
duty; concealment can arise even in the absence of a statutory duty.
Every concealment does not, however, amount to deception; only dishonest concealment amounts ... time of the concealment or the intention behind it. If the intention is dishonest, the concealment is dishonest even in the absence of a duty
benefit without obtaining prior consent from the Plaintiff
by dishonestly concealing the material fact of sale by the
Defendant No.2 in favour ... case shows, either that any material fact
has been dishonestly concealed from him by the agent, or that
the dealings of the agent have been