Legal Question in Criminal Law in India

auction rrules

there are conditions for participating in auction. ihe authorities deiberately non obsrved rules and allowed A to p articipate .none of records show A is a bidder except tenderform in his name.he has not recd hallticket also.in addition to violations authority accepted cheque from A with tender. as per rule tender shouled accompany by draft and not by cheque. bank returns cheque 'refer to drawer' on presentation. offer and acceptance were against rules. evern if cheque was honoured he cant get any considration as he was not a qualified tenderer. many judgements say non compliance of rules makes tender a complete nullity. it would not bringinto valid and enforceble contract . there is is no unlawful gain or loss to any body.as this happened solely because of deliberate non observance of rules by authority can he file any criminal complaint against A,? sec420?


Asked on 10/09/08, 7:25 am

4 Answers from Attorneys
Vijay Chandavale Advocate Vijay Chandavale & Associates

Re: auction rrules

The sale proclamation and rules of auction would be required to be verified and if there is such evidence even a criminal case can be filed however a thorough efforts would be required to be taken

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Answered on 10/12/08, 7:13 am
Shrichand Nahar S.V.Nahar, Advocate

Re: auction rrules

Non-observation of rules does not mean cheating. Please read ingredients of cheating given in section 415 IPC.

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Answered on 10/10/08, 2:05 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: auction rrules

No the facts above doesnot indicate cheating

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Answered on 10/10/08, 9:22 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: auction rrules

if there is no 'unlawful gain or loss' to anyone, and there is no cheating of anyone, it does not appear that a criminal case is made out; however, if the auction involved 'public property' and some 'public servants' are involved who wanted to favour A, it may be a fit case under PCA and 120-B IPC.

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Answered on 10/09/08, 1:22 pm


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