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Journal of Legal Research by ILRF · Vol. 1, Issue 5 (July 2026)

Delhi Race Club (1940) Ltd. v. State of U.P., (2024) 10 SCC 690 - Case Comment - INTENT AT INCEPTION: THE KEY TO DISTINGUISHING CHEATING FROM BREACH OF CONTRACT

Avani Jain

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Abstract

This case comment analyses the landmark judgment rendered by the Supreme Court of India in Delhi Race Club (1940) Ltd. & Ors. v. State of Uttar Pradesh & Anr. 1 decided on 23rd August 2024. The main research issue highlights the concept of “intent at inception” and examines the lack of judicial uniformity in distinguishing the mutually exclusive offences of criminal breach of trust (Section 406 IPC2) and cheating (Section 420 IPC3) arising out of commercial transactions. Methodologically, the research assumes a qualitative, doctrinal approach, analytically dissecting the statutory ingredients of Sections 405 and 420 of IPC (now under the Bharatiya Nyaya Sanhita, 2023).

Article Information

Journal
Journal of Legal Research by ILRF
ISSN
3139-7107 (Online)
Volume
1 (I)
Issue
5 — July 2026
Length
7 Pages
Published
30 July 2026
Publisher
India Legal Research Foundation
DOI
Not yet assigned

How to Cite

Avani Jain, “Delhi Race Club (1940) Ltd. v. State of U.P., (2024) 10 SCC 690 - Case Comment - INTENT AT INCEPTION: THE KEY TO DISTINGUISHING CHEATING FROM BREACH OF CONTRACT”, Journal of Legal Research by ILRF, Vol. 1, Issue 5 (July 2026), ISSN 3139-7107.

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