Dishonestly”.—
Whoever does anything with the intention of causing wrongful gain to one person or wrongful loss to another person, is said to do that
damage to any boundary-mark of a sanctuary or to cause wrongful gain as defined in the Indian Penal Code (45 of 1860, alter, destroy
regulations made thereunder, to disgorge an amount equivalent to the wrongful gain made or loss averted by such contravention
does any other thing with intent to defraud or to cause wrongful gain to one person or wrongful loss to another person, shall, on conviction
Wrongful gain”.—
“Wrongful gain” is gain by unlawful means of property to which the person gaining is not legally entitled. “Wrongful loss”.— “Wrongful loss ... person losing it is legally entitled. Gaining wrongfully, losing wrongfully.— A person is said to gain wrongfully when such person retains wrongfully, as well
Whether there is dishonest moving of documents
causing wrongful loss to the appellants and wrongful
gain to the respondents?
(vi) Whether filing of documents ... judicial proceedings
can be termed as an act of theft causing wrongful gain
to oneself and wrongful loss to the opponent so as to
attract
creditors or any other person, whether or not there is any wrongful gain or wrongful loss ... wrongful gain” means the gain by unlawful means of property to which the person gaining is not legally entitled; (iii) “wrongful loss” means the loss
injury to the public or to any person, or to cause wrongful gain as defined in the Indian Penal Code (45 of 1860) (a) knowingly
cause or knowing that he is likely to cause wrongful loss or wrongful gain discloses, without the consent of the person concerned, or in breach
necessary
to prove both wrongful gain and wrongful loss. Wrongful
gain and wrongful
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loss were two facets of the definition of dishonesty ... wrongful loss to another person. Wrongful loss is the loss
by unlawful means of property to which a person is entitled
while wrongful gain