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august 1966

Supreme Court of India · 1966-08-23

SHIVNARAYAN KABRA vs THE STATE OF MADRAS

Citation / case number
SC 1964/90272
Court
Supreme Court of India
Petitioner
SHIVNARAYAN KABRA
Respondent
THE STATE OF MADRAS
Bench
RAMASWAMI

Judgment text excerpt

The Supreme Court upheld the conviction of the appellant under Section 420 IPC and Section 21 of the Forward Contracts (Regulation) Act, 1952, for cheating by falsely representing himself as a pucca adatia authorized to conduct forward business. The Court established that the appellant's misrepresentation induced the complainant to part with money, satisfying the elements of cheating under Section 420 IPC. Furthermore, the speculative contracts entered into by the appellant were deemed forward contracts under Section 2(c) of the Act, reinforcing the need for regulation to prevent speculation abuses.

SHIVNARAYAN KABRA vs THE STATE OF MADRAS · Niyam