braech of trust
N.J. MISHRA
(Querist) 24 December 2010
This query is : Resolved
members please suggest me.
our appointed one chief officer for one of the ship managed by our company, a contract was executed between the chief officer and our company. the chief officer on the last moment refused to board the flight to dubai to join the ship from dubai and later confirmed the comapny that he will join the ship only in the end of thid financial year. later he send email to the company office that he had joined some other ship managed or owned by some other company. he joined the other ship without informing the same to our company, whther this act on his part draws criminal breach of trust, cheating or only a civil breach of contract.
already a notice has been issued to him for committing civil breach of contract, but i want to file a criminal case gaginst him then what will be the ingrdients of the notice. or i have to stand with the ingredients of the notice which i send him earlier.
Ajay Bansal
(Expert) 24 December 2010
YES. YOU CAN FILE A CRIMINAL COMPLAINT U/S 406/407/408 I.P.C.
N.J. MISHRA
(Querist) 24 December 2010
to file a case u/s. 156 (3) or 200 of Cr.P.C.
Devajyoti Barman
(Expert) 24 December 2010
I do not think any criminal case of that nature which you proposed lie. Your relief in only civil damages.
s.subramanian
(Expert) 24 December 2010
If he has committed any breach of the terms of the contract of employment,you can claim damages. You cannot take any criminal action.
bhupender sharma
(Expert) 25 December 2010
the dispute arise out the of the contractual nature not to be prosecuted in the criminal court of law there are number of cetina of judgement of the Apex court on this issue better to file a civil suit for damages arising out of the contract.
Gulshan Tanwar
(Expert) 29 December 2010
Civil action only; it will become criminal when one had gained and other had lost for the breach so caused. If there is loss to one and no gain to other then there is no Criminal breach of trust.
So file for damages and claim the proportion.
