News News July 6, 2020 Find out more North KoreaAsia – Pacific Receive email alerts RSF_en Help by sharing this information Campaigns North KoreaAsia – Pacific Follow the news on North Korea to go further Around three dozen people including Reporters Without Borders activists demonstrated in Paris today for the release of American journalists Laura Ling and Euna Lee, who have been held by the North Korean authorities for the past four months. The demonstration was held at the Peace Wall, opposite the Eiffel Tower.Ling and Lee were in northern China investigating the trafficking of North Korean women across the border when they were arrested on 17 March on the Tumen River, which forms the border between the two countries. A Pyongyang court sentenced them to 12 years in a labour camp on 8 June. Their guide is being held by the Chinese authorities.During today’s demonstration, photos of the two journalists were hung near the Peace Wall, a monument to harmony between the peoples of the world.The demonstrators appealed to the North Korean authorities to pardon Ling and Lee, who work for California-based Current TV, and stressed that the ability to do reporting in the field is a basic press right.Ling and Lee have both suffered a worrying deterioration in their state of health since their arrests. The North Korean authorities must release the journalists and allow them to rejoin their families as quickly as possibleNorth Korea is one of the hardest countries in the world for the press to cover and the human rights situation there is appalling.Support Euna Lee and Laura LingSign the petition on the Reporters Without Borders website (www.rsf.org) As doubt persists on North Korea’s “zero” coronavirus cases, RSF urges for transparency Organisation News April 1, 2020 Find out more Journalists face archaic sanction of capital punishment in some parts of the world July 9, 2009 – Updated on January 20, 2016 Demonstration in Paris for release of US journalists held in North Korea “Without independent journalism, this would be the news” – RSF’s new ad November 18, 2019 Find out more
Herbeauty7 Most Startling Movie Moments We Didn’t Realize Were InsensitiveHerbeautyHerbeautyHerbeautyStop Eating Read Meat (Before It’s Too Late)HerbeautyHerbeautyHerbeauty6 Lies You Should Stop Telling Yourself Right NowHerbeautyHerbeautyHerbeauty6 Strong Female TV Characters Who Deserve To Have A SpinoffHerbeautyHerbeautyHerbeauty6 Strong Female TV Characters Who Deserve To Have A SpinoffHerbeautyHerbeautyHerbeauty10 Brutally Honest Reasons Why You’re Still SingleHerbeautyHerbeauty More Cool Stuff The Pasadena Animal League (PAL) of the Pasadena Humane Society & SPCA offered a guided tour of the Pasadena Humane Society & SPCA. In the last three years, the shelter underwent a major makeover which included a state-of-the art Wellness Clinic, new Critter Center, animal boarding spaces and temperature-controlled kennels.We’re building more opportunities to keep animals in homes,” said Julie Bank, President and CEO of the Pasadena Humane Society. “The Pasadena Animal League is so important to [the Humane Society] – they help us raise funds and to awareness in the community we serve.”New programs at the Pasadena Humane Society include Helping Paws, which provides assistance to animal owners in crisis so that they can keep their pets through tough times, and Kids for Animals, which encourages children ages 18 and under to be responsible pet owners. Other community programs include the Mobile Wellness Units which provide free or low-cost spay and neuter services and the Wiggle Waggle Waggon which transports animals to shelters where they have a better chance of getting adopted.Shelter tours were led by volunteers and included a special look at the Wellness Center’s surgical suite, the kennels and the Critter Room. Tour guide, Jonathan, explained that many Pasadena is seeing a surplus of pitbull and chihuahua breeds and adds that the Pasadena Humane Society offers no cost sterilization of those breeds. The Wellness Clinic performs roughly 20 operations per day and each animal is cuddled by volunteers as it wakes up from anesthesia in an area called “The Beach,” before being taken to a recovery kennel. Other notable details include the volunteer-made toys for bunnies and the fact that the Pasadena Humane Society handles more animals than just cats and dogs – notable residents include a snapping turtle, two roosters and, at one time, a crocodile.The Pasadena Humane Society is supported, in part, by donations from the Pasadena Animal League and through their services and store, The Shelter Shop. Services such as, boarding, veterinary care and purchases all benefit the shelter. The Pasadena Animal League also accepts donations of gently used towels and blankets, dog and cat beds and other pet supplies.For more information and to get involved visit http://pasadenaanimalleague.org/. Subscribe Pasadena Will Allow Vaccinated People to Go Without Masks in Most Settings Starting on Tuesday Business News Make a comment Get our daily Pasadena newspaper in your email box. Free.Get all the latest Pasadena news, more than 10 fresh stories daily, 7 days a week at 7 a.m. faithfernandez More » ShareTweetShare on Google+Pin on PinterestSend with WhatsApp,Virtual Schools PasadenaHomes Solve Community/Gov/Pub SafetyPASADENA EVENTS & ACTIVITIES CALENDARClick here for Movie Showtimes Pasadena’s ‘626 Day’ Aims to Celebrate City, Boost Local Economy Top of the News Your email address will not be published. Required fields are marked * EVENTS & ENTERTAINMENT | FOOD & DRINK | THE ARTS | REAL ESTATE | HOME & GARDEN | WELLNESS | SOCIAL SCENE | GETAWAYS | PARENTS & KIDS Gatherings Pasadena Animal League Takes Animal Lovers “Back to the Shelter” Story and Photography by VERONICA AN Published on Wednesday, April 26, 2017 | 9:27 pm Community News First Heatwave Expected Next Week 13 recommended0 commentsShareShareTweetSharePin it Community News Name (required) Mail (required) (not be published) Website Home of the Week: Unique Pasadena Home Located on Madeline Drive, Pasadena
Twitter TxDOT traffic alerts for the area WhatsApp Pinterest Pinterest Twitter WhatsApp Facebook Facebook Local News By admin – March 9, 2018 Odessa: A section of FM 3503 in Ector County will be closed Saturday and Sunday in order for repairs to be made to a railroad crossing. The closure is just north of Hammett Drive.Crane: Crews will be fog-sealing SH 329 in Crane County (mile markers 264-266) the week of March 12, weather permitting. Lane closures will be needed. Please obey flaggers and pilot car. Do not drive on fresh seal.Balmorhea: Crews will be working on FM 3334 near the intersection of Highway 17 (mile markers 185-186) on Monday, March 12, weather permitting. Lane closures will be needed. Please obey flaggers and pilot car.Midland: Crews will be working on the north service road of Interstate 20 the week of March 12 (mile markers 127-132), weather permitting. Lane closures will be needed. Please obey flaggers.Ward County: Crews will be repairing FM 2355 the week of March 12 (mile markers 198-208), weather permitting. Lane closures will be needed. Please obey flaggers and pilot car.Balmorhea: Crews will be fog-sealing FM 2448 north of I-10 (mile markers 384-390) on Tuesday, March 13, weather permitting. Lane closures will be needed. Please obey flaggers and pilot car. Do not drive on fresh seal. Ward County: Crews will be picking up debris on Interstate 20 between mile markers 53 and 94 on Friday, March 16, weather permitting. This is a slow-moving operation with frequent stops. Please give them room to work. Pass safely.Reeves County: Crews will be making repairs on FM 1450 for much of the week of March 12. Please slow down. Road closures will be needed at times. Obey flaggers. Previous articlePermian Basin, national rig counts riseNext articleSuspect charged with threatening OPD officer admin
Local NewsGovernment WhatsApp Previous articleBoard to discuss charter for bond committee, consultantNext articleCouncil approves roof repairs admin By admin – April 10, 2018 ODC wants audit of Hispanic Chamber WhatsApp Twitter Pinterest Facebook Twitter Facebook Pinterest The city board overseeing economic development funds requested detailed financial information from the Odessa Hispanic Chamber of Commerce as part of a review underway that comes as the struggling organization prepares to seek new public funding following the abrupt removal of its leaders last month.The Odessa Development Corporation asked for information including a third-party audit, a copy of the organization’s bylaws and policies, and an explanation of any relationship between the city-funded nonprofit and a charity that lists the same city office as its address.ODC President Betsy Triplett-Hurt said the city has never required a third-party audit of the Hispanic Chamber — a revelation that emerged during the review. She said an outside accounting firm handles the organization’s bookkeeping but the scope of that work does not include the level of detail that an audit would, such as connecting spending to receipts.“We just don’t have that assurance, that protection of taxpayers’ money,” Triplett-Hurt said. “And we did not realize until all this came about that their contract does not require them to have an audit. Shame on us. We didn’t realize the contract doesn’t require it. So why should they? And we don’t know why it doesn’t.”Triplett-Hurt said the Hispanic Chamber is the only organization funded by the ODC that doesn’t get the independent audits.Hispanic Chamber officials say they are cooperating with the review while the organization conducts its own investigation that seeks to answer “if any misconduct was done by past leadership,” as the chamber’s Interim CEO and Chair Ben Rubio described it at a recent press conference.Public funds budgeted for the Hispanic Chamber this year totaled more than $305,000, paid in monthly installments.Rubio said the organization has routinely reported financial information to the city and will cooperate with the review.“Anything the city is going to ask for we are going to try our best to give them,” Rubio said. “We are cooperating 100 percent with the city and the ODC.”The former CEO Price Arredondo, who was abruptly fired from his paid post on March 8, has denied any wrongdoing. Arredondo’s ouster came just before he was set to present a proposal to the ODC for changes to the Hispanic Chamber that would have included ending the paid position heading the Mexico Initiatives, an effort to build business ties with Mexico.Other new board members said they were also pushed out at the meeting, an account remaining Hispanic Chamber officials have disputed. Hispanic Chamber officials have not explained the reason for Arredondo’s removal.The shake-up prompted concern by ODC board members about who was in charge of the Hispanic Chamber and how money was being spent.Until this month, the paid position was filled by Raymond Chavez, who was paid about $58,000 by the city this year for six months of work. The project served as a lifeline for the Hispanic Chamber when Chavez founded it in 2014.But early supporters including Mayor David Turner and some ODC board members have since criticized poor management by the Hispanic Chamber and a struggle documenting results.Rubio, who says he is volunteering his time leading the organization, said there is no financial connection between the Hispanic Chamber and the Odessa Hispanic Chamber Charitable Foundation — meaning no public money goes to the charity — and that he and others who serve on the charity do not get paid. Public documents list Chavez as the president of the charity.Turner said he did not know about the charity with the same address listed as the Hispanic Chamber.“Those are questions that certainly need to be asked,” Turner said. “It may be totally innocent, and that’s fine. But if you have mail coming to an organization that’s titled something else, it needs to be a public record. All our books are public record.”The ODC meets Thursday and is scheduled to the upcoming budgeting process for the coming fiscal year, when it’s expected that Hispanic Chamber officials will request new funding.Rubio, at a Thursday news conference where he declined to take questions, asked Odessans for patience and promised to release the findings of the Hispanic Chamber’s investigation once it’s complete.Interim City Attorney Gary Landers said he is leading “negotiations” between the city and the Hispanic Chamber that “are moving along well” but declined to discuss details of those talks.“We’ll be able to verify where all the public money went and where it’s been accounted for,” Landers said.An audit by a third-party may take longer than the 60-day period the organization had per its contract with the city before its public funding stops.Landers and Triplett-Hurt said they anticipated an outcome of the review would be greater consistency in the way organizations funded through the ODC report back to the city.“The good that’s coming out of all of this is everything is going to be straightened out, and everything will be done as it should be,” Triplett-Hurt said.
Pinterest By Digital AIM Web Support – February 24, 2021 TAGS Pinterest Local NewsBusiness Previous articlenVent Electric plc to Host Live Webcast of Investor and Analyst Meeting on March 3Next articleThe Latest: N. Carolina governor eases restrictions, curfew Digital AIM Web Support Facebook Poplar Co. Ltd Switches to Rimini Street Support for SAP BusinessObjects and SAP Sybase IQ Database Software WhatsApp Poplar Co. Ltd. wechselt für SAP BusinessObjects und SAP Sybase IQ Datenbanksoftware zu Rimini Street Support Twitter Twitter WhatsApp Facebook
September 25, 2014 485 Views Previous: Foreclosure Inventory Falls, But Delinquency Rate Rises in August Next: Wells Fargo’s J.K. Huey Receives 2014 Five Star Lifetime Achievement Award Foreclosure inventory is down nationwide, but the delinquency rate is up, according to Black Knight Financial Services’ First Look at August Mortgage Data released today. Foreclosure starts declined by 10 percent from July to August and by 24 percent from August 2013 to August 2014, according to Black Knight. The month-over-month decrease in foreclosure starts was the first in five months. The total number of foreclosure starts in August was reported at 81,600. Foreclosure inventory, which is the total number of loans in foreclosure, fell to 913,000, its lowest point since March 2008. Foreclosure loans are past due for an average of 1,010 days.While foreclosure starts and overall inventory fell, however, the mortgage delinquency rate took a 5 percent month-over-month leap in August up to its highest point since February; the delinquency rate declined year-over-year, however, by 4.8 percent, Black Knight reported. The majority of new delinquencies reported in August were in the early stage of delinquency. The total number of delinquent loans increased by 146,000 from July to August. Delinquent loans are defined as those more than 30 days past due but not in foreclosure.The August median price of U.S. distressed homes climbed both monthly and annually, according to RealtyTrac’s August 2014 U.S. Residential and Foreclosure Sales Report released today. Distressed properties, which are homes that are either in foreclosure or owned by banks, saw their average sale price jump up to $129,000 dollars for August, which is an increase of 2 percent from July and 15 percent from August 2013, RealtyTrac reported. That price, despite the monthly and annual increases, is still 37 percent below the national median price of a non-distressed home, which was reported at $205,000. in Featured, Media, Webcasts About Author: Jordan Funderburk DS News Webcast: Thursday 9/25/2014 Sign up for DS News Daily Share Save The Best Markets For Residential Property Investors 2 days ago Governmental Measures Target Expanded Access to Affordable Housing 2 days ago Home / Featured / DS News Webcast: Thursday 9/25/2014 Print This Post Related Articles The Best Markets For Residential Property Investors 2 days ago Demand Propels Home Prices Upward 2 days ago Servicers Navigate the Post-Pandemic World 2 days ago Demand Propels Home Prices Upward 2 days ago Is Rise in Forbearance Volume Cause for Concern? 2 days ago The Week Ahead: Nearing the Forbearance Exit 2 days ago 2014-09-25 Jordan Funderburk Data Provider Black Knight to Acquire Top of Mind 2 days ago Servicers Navigate the Post-Pandemic World 2 days ago Governmental Measures Target Expanded Access to Affordable Housing 2 days ago Subscribe
Home / Daily Dose / Economic and Job Growth Pushing Housing Slowly Toward ‘Normal’ Levels Print This Post Data Provider Black Knight to Acquire Top of Mind 2 days ago Share Save Demand Propels Home Prices Upward 2 days ago The housing market is slowly but surely inching closer to normal levels with the help of economic and job growth.According to the National Association of Home Builders (NAHB)/First American Leading Markets Index (LMI) released Thursday, markets in 75 of the approximately 360 metro areas nationwide have returned to or exceeded their last normal levels of economic and housing activity in the second quarter of 2015. This is an increase of 13 markets year-over-year.“The markets are gradually improving and economic and job growth continue to strengthen, which bodes well for housing for the remainder of the year,” said Tom Woods, NAHB chairman and a home builder and developer from Blue Springs, Missouri.The NAHB reported that the index’s score increased on point to .92, which means that the nationwide average is at 92 percent of normal economic and housing activity. Although this increase may seem marginal, this one point rise up places the market closer to the one point goal, indicating that it has returned to normal. In addition, 66 percent of markets have shown improvement year-over-year.“Of the three elements in the LMI (house prices, permits, and employment), house prices have had the broadest recovery, with 345 markets returning to or exceeding their last normal level,” said David Crowe, NAHB’s chief economist. “Meanwhile, 64 markets have met or exceeded their normal employment levels. The housing permit level has made the least progress toward normality, with only 26 markets at or above their last normal level.”The index found that Baton Rouge, Louisiana continues to top the list of major metros on the LMI, with a score of 1.47, 47 percent better than its last normal market level. Other major metros leading the list include Austin, Texas; Honolulu, Hawaii; Houston, Texas; and Oklahoma City. Rounding out the top ten are San Jose, California; Los Angeles, California; Charleston, South Carolina; Salt Lake City, Utah; and Nashville, Tennessee. Demand Propels Home Prices Upward 2 days ago Subscribe Servicers Navigate the Post-Pandemic World 2 days ago Tagged with: Housing Market Jobs NAHB National Association of Home Builders U.S. Economy About Author: Xhevrije West Xhevrije West is a talented writer and editor based in Dallas, Texas. She has worked for a number of publications including The Syracuse New Times, Dallas Flow Magazine, and Bellwethr Magazine. She completed her Bachelors at Alcorn State University and went on to complete her Masters at Syracuse University. The Best Markets For Residential Property Investors 2 days ago Housing Market Jobs NAHB National Association of Home Builders U.S. Economy 2015-08-06 Brian Honea August 6, 2015 1,853 Views The Best Markets For Residential Property Investors 2 days ago Governmental Measures Target Expanded Access to Affordable Housing 2 days ago in Daily Dose, Featured, Market Studies, News Economic and Job Growth Pushing Housing Slowly Toward ‘Normal’ Levels The Week Ahead: Nearing the Forbearance Exit 2 days ago Data Provider Black Knight to Acquire Top of Mind 2 days ago Governmental Measures Target Expanded Access to Affordable Housing 2 days ago Servicers Navigate the Post-Pandemic World 2 days ago Sign up for DS News Daily Related Articles Previous: Green Tree Servicing to Merge With Ditech Mortgage Next: New York AG Highlights Success of Home Retention Programs
Pinterest Previous articleRoads treacherous across DonegalNext articleHSE services affected by weather News Highland Facebook PSNI and Gardai urged to investigate Adams’ claims he sheltered on-the-run suspect in Donegal RELATED ARTICLESMORE FROM AUTHOR Man arrested in Derry on suspicion of drugs and criminal property offences released Derry Magistrates Court has been told how, on two occasions this week, a 45-year-old Derry man walked into a police station with a knife.William O’Kane of no fixed abode was charged with possessing a knife on Wednesday, and possessing a knife and making threats to kill on Thursday.On December 15th, O’Kane walked into the Waterside police station and handed an officer a knife, telling him he needed help as he was going to hurt someone.Police took him to hospital and he was later discharged.Ther fiollowing day, 16 O’Kane walked into Strand Road polie station and handed an officer a knife and told polie that if they let him go he was going to kill a man who he named.He claimed this man had shown his fiancee a text message O’Kane had sent to another female and his relationship had ended as a result.Defence solicitor Seamus Quigley told the court that it was a ‘moment of madness’. He said his client was ‘deeply embarrassed’ about the incidents. He said O’Kane never intended to hurt the other man and was just ‘venting his anger.’District Judge Mr. Barney MElholm sentenced O’Kane to three months in prison suspended for a period of 18 months and warned him to ‘stay well away’ from the other man. Dail hears questions over design, funding and operation of Mica redress scheme WhatsApp HSE warns of ‘widespread cancellations’ of appointments next week Twitter WhatsApp Twitter By News Highland – December 18, 2010 Pinterest Facebook News Google+ Dail to vote later on extending emergency Covid powers Google+ Derry man walks into police station with knife twice this week Court hears Man arrested on suspicion of drugs and criminal property offences in Derry
ColumnsThe Offence Of Cheating And Rapidly Emerging Defence Of Part-Payment – An Ambiguity In Law? Wasim Beg And Muneeb Rashid Malik16 April 2020 11:48 PMShare This – xINTRODUCTION Cheating is an act of deception which causes loss, damage or harm to the person who is deceived, in body, mind, reputation or property and in which the deceiver’s object is fraudulent and dishonest right from the very beginning. It is a criminal offence and contains numerous ingredients. Section 415 of the Indian Penal Code, 1860 defines cheating…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginINTRODUCTION Cheating is an act of deception which causes loss, damage or harm to the person who is deceived, in body, mind, reputation or property and in which the deceiver’s object is fraudulent and dishonest right from the very beginning. It is a criminal offence and contains numerous ingredients. Section 415 of the Indian Penal Code, 1860 defines cheating as: – 415. Cheating.—Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to “cheat”. In the case of Dalip Kaur V. Jagnar Singh, it was held by the Hon’ble Supreme Court: – “8. ……An offence of cheating would be constituted when the accused has fraudulent or dishonest intention at the time of making promise or representation……….” It would be apt to discuss the ingredients of cheating which have been discussed by the Supreme Court and various High Courts. In the case of Harmanpreet Singh Ahluwalia v. State of Punjab, the Hon’ble Supreme Court held: – “25. An offence of cheating cannot be said to have been made out unless the following ingredients are satisfied: “(i) deception of a person either by making a false or misleading representation or by other action or omission; (ii) fraudulently or dishonestly inducing any person to deliver any property; or (iii) to consent that any person shall retain any property and finally intentionally inducing that person to do or omit to do anything which he would not do or omit.” For the purpose of constituting an offence of cheating, the complainant is required to show that the accused had fraudulent or dishonest intention at the time of making promise or representation. Even in a case where allegations are made in regard to failure on the part of the accused to keep his promise, in the absence of a culpable intention at the time of making initial promise being absent, no offence under Section 420 of the Penal Code can be said to have been made out. We may reiterate that one of the ingredients of cheating as defined in Section 415 of the Penal Code is existence of an intention (sic a fraudulent or dishonest intention at the time) of making initial promise or existence thereof from the very beginning of formation of contract.” Hence, intent to cheat from the very inception is also one of the fundamental ingredients of cheating. In the case of Vesa Holdings (P) Ltd. v. State of Kerala, the Hon’ble Supreme Court held: “12. ……………… In other words, for the purpose of constituting an offence of cheating, the complainant is required to show that the accused had fraudulent or dishonest intention at the time of making promise or representation………” The fraudulent or dishonest intention at the time of making a promise must be present which is very important for the offence of cheating to be constituted. INTENT TO CHEAT FROM THE VERY INCEPTION Therefore, an essential ingredient of the offence of cheating is the intent to cheat from the very inception or presence of a dishonest intention at the time of making a promise. In the case of Samir Sahay v. State of U.P., the Hon’ble Supreme Court held: – “21. ………………This Court in Arun Bhandari v. State of U.P. [Arun Bhandari v. State of U.P., (2013) 2 SCC 801 : (2013) 2 SCC (Cri) 21] , has held that it is necessary to show that a person had fraudulent or dishonest intention at the time of making the promise. A mere failure to keep up promise subsequently cannot be presumed as an act leading to cheating. ’16………..To hold a person guilty of the offence of cheating, it has to be shown that his intention was dishonest at the time of making the promise [and] such a dishonest intention cannot be inferred from [a] mere fact that he could not subsequently fulfil the promise.’ 22. In G.V. Rao v. L.H.V. Prasad [G.V. Rao v. L.H.V. Prasad, (2000) 3 SCC 693 : 2000 SCC (Cri) 733] , this Court has held thus: (SCC pp. 696-97, para 7) ‘7…………a guilty intention is an essential ingredient of the offence of cheating. In order, therefore, to secure conviction of a person for the offence of cheating, “mens rea” on the part of that person, must be established. It was also observed in Mahadeo Prasad v. State of W.B. [Mahadeo Prasad v. State of W.B., AIR 1954 SC 724 : 1954 Cri LJ 1806] , that in order to constitute the offence of cheating, the intention to deceive should be in existence at the time when the inducement was offered.’ 23. In S.W. Palanitkar v. State of Bihar [S.W. Palanitkar v. State of Bihar, (2002) 1 SCC 241 : 2002 SCC (Cri) 129] it has been laid down that: (SCC p. 250, para 21) ’21. … In order to constitute an offence of cheating, the intention to deceive should be in existence at the time when the inducement was made. It is necessary to show that a person had fraudulent or dishonest intention at the time of making the promise, to say that he committed an act of cheating. A mere failure to keep up promise subsequently cannot be presumed as an act leading to cheating.’ ” The Supreme Court has time and again held that a fraudulent intention at the time of making a promise is one of the fundamental ingredients for the purpose of constituting an offence of cheating. To hold a person guilty of cheating, it is necessary to show that he had fraudulent or dishonest intention at the time of making the promise. From his mere failure to keep up the promise subsequently such a culpable intention right at the beginning, that is, when he made the promise cannot be presumed. INTENTION TO CHEAT FROM THE VERY INCEPTION IN CASES OF PART PAYMENT– PRE-COGNIZANCE OR A POST COGNIZANCE DECISION? Section 417 of the Indian Penal Code, 1860, enunciates the punishment for the offence of cheating which is reproduced as under: – “417. Punishment for cheating. —Whoever cheats shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.” The offence of cheating is a cognizable and non-bailable offence triable by a Magistrate of the first class. The lower courts of our country have vehemently propounded some pre-cognizance decisions in the cases alleging the offence of cheating where part-payments have been made. There is a growing trend to dismiss criminal complaints (alleging the offence of cheating) at the very threshold where-in part-payments have been made by the Accused persons. The Courts seem inclined to dismiss these complaints (without trial) on the simple premise that part-payment having been made indicates non-existence of an essential ingredient of the offence of cheating, i.e., absence of the intent to cheat from the very inception. The defence of part payment has been used by the accused time after time as a substantial defence to get away with the offence of cheating. By way of this article, we intend to show that the mere fact of part-payment having been made cannot give credence to the fact that the accused had no fraudulent or dishonest intention from the very beginning and how such an understanding of the law ends-up giving a fresh lease of life to the Accused person and would also (unwittingly) culminate into a rise in cases of cheating where-in the Accused person would know that he could escape criminal liability by merely making a part-payment. ILLUSTRATION – A intends to cheat B and borrows Rs 10 Crores from B. A (very well knowing that making a part-payment will help him get away with an essential ingredient which forms the offence of cheating i.e., intent to cheat from the very beginning) returns only Rs 1 Crore out of the 10 Crores that he borrowed. Even though this would be a clear case of dishonest and fraudulent intention right from the outset, an essential ingredient to constitute an offence of cheating, the growing precedence that the mere fact of a part-payment having been made shows an absence of the intention to cheat from the very inception would help the Accused get-away. The making of a part-payment may not necessarily connote that the intention to cheat from the beginning was nowhere to be found and the same can only be a matter of trial. In the case of Arun Bhandari v. State of U.P.,the Supreme Court held: – “16. … To hold a person guilty of the offence of cheating, it has to be shown that his intention was dishonest at the time of making the promise…” As illustrated above, such an intention to cheat can very well be there at the time of making the promise even in cases where the Accused goes-on to make part-payment and the factum of such part-payment having been made can never be the sole factor for dismissing the complaint without going into the trial. Such a view from the Courts can in-fact become a precipitating factor for those looking to make illegal gains at somebody else’s expense as they would very well know that returning a negligible amount out of the total amount borrowed could rid them of the offence of cheating. Therefore, pre-cognizance decisions in the offences of cheating related to part-payments will open up the gates for the potential accused persons to catapult the defence of part-payment to evade the offence of cheating. A post-cognizance decision will foster the non-misuse of law and help in nabbing the culprits who bring into play the defence of part-payments to run away from the offence of cheating. The Authors of the Indian Penal Code, 1860 had observed: – “………………..We propose to punish as guilty of cheating a man who, by false representations, obtains a loan of money, not meaning to repay it; a man who, by false representations, obtains an advance of money, not meaning to perform the service or to deliver the article for which the advance is given; a man who, by false pretending to have performed work for which he was hired, obtains pay to which he is not entitled. In all these cases, there is deception. In all, the deceiver’s object is fraudulent…………” The intention of the authors of the code is pretty clear that the offence of cheating involves deception and the deceiver’s object has to be fraudulent. The offence of cheating has been well-defined in the Indian Penal Code, 1860, and the object of the punishment for the offence of cheating is that the offenders do not misemploy it. The defence of part-payment gives the offenders a solid way to make full use of the ambiguity in the law. DEFENCE OF PART-PAYMENTS – A PRECARIOUS PRECEDENT In the case of Bellary Steels and Alloys Limited v. Man Takraf (India) Pvt. Ltd., the Court observed: “13…………. If there was any fraudulent intention to deceive the respondent, the Petitioners would not have made any payment towards the supply of machineries.” Now, in the aforementioned case, the Court has clearly held that, if there was any fraudulent intention of the accused, then, he would not have made a part-payment or any payment. This conclusion by the Court is without any rationale or reason. Part-payment cannot be considered a ground to conceal the dishonest intention of the accused right from the very inception. As pointed out earlier, in such a scenario, the loophole in the law will be profusely exploited by the potential accused persons who had fraudulent intention to cheat right from the very beginning but knowing that part-payment will assist them in evading the clutch of law, will make a part-payment and break out comfortably. This can set a very dangerous precedent where an inadequacy in law will be used to a good advantage. The Courts must rise to the occasion and set clear precedents as far as making part-payments in cases of cheating are concerned. The intention to cheat from the very inception may or may not be there when a person makes a part-payment, however, the same can only be decided at the trial. Dismissing a Complaint at the threshold simply because a part-payment has been made cannot be allowed to continue. The Courts cannot contribute to such a discrepancy in law but have to step-up and cure the loopholes of the law. CONCLUSION The rapidly emerging defence of part-payment in the offence of cheating has to be interpreted by the Courts reasonably and rationally depending upon the facts and circumstances of each case. The Courts would only be perpetuating a fallacy by holding that there can be no intention to cheat from the very inception simply because the Accused has made a part-payment. This view is being strongly endorsed by the lower Courts and is fast becoming a precedent and the wrongdoers have started taking refuge under this loophole in the law by putting forth the defence of part-payment having been made. Part-payments should never be encouraged as a substantial defence in cases where the dishonest and fraudulent intention to cheat could not only be present from the very inception but the availability of such a defence may in-fact end-up being the precipitating factor for people committing the offence. Views Are Personal Only.(Mr. Wasim Beg is Former Additional Advocate General (Jammu & Kashmir) & Mr. Muneeb Rashid Malik is an Intern)  (2009) 14 SCC 696  (2009) 7 SCC 712  (2015) 8 SCC 293  (2018) 14 SCC 233  Ratanlal & Dhirajlal’s The Indian Penal Code, 28th Edition, Page No. 597.  The First Schedule – Classification of Offences, the Code of Criminal Procedure, 1973.  (2013) 2 SCC 801  Ratanlal & Dhirajlal’s The Indian Penal Code, 28th Edition, Page No. 593.  2006 SCC OnLine Mad 48 Next Story
In team results: John’s Midtown Tavern took 5 points from I.B.E.W. Local 94; Amspec Services took 5 points from Dworzanski’s Funeral Home; Fryczynski’s Funeral Home took 5 points from Supreme Tours. Results of the Mount Carmel Lyceum bowling league from May 23rd are as follows:Individual high games for the week went to: Adam Konecko 266; Jack Nilan 255; Artie Bernard Jr. 245; John McCollum 236; David Magarban 229; Ed Lubach Jr. 221; Harry Ashe 208; Robert Lesiak 185; Steve Mallardi Jr. 181; Ed Lubach Sr. 178; Robert Magarban 176; Frank Polomski 165; Al Gill 155; Frank Giovinazzo 130.