Agrrement Violation and Intimidation

Hi sir,

The first thing that is to be considered is whether the 1st party being the landlord, has breached any terms of the agreement with respect to the scope of partnership or under the course of dealings that had been entered between the parties.

The following clauses which must be present in your agreement would help you:-

1. Resolution of Dispute - This clause applies in case of breach of terms of the contract in order to provide for settlement of dispute which has been pre-determined between the parties.
2. Damages – This clause sets out the setting up lump sum amount payable in case of breach of the agreement terms.
3.  Jurisdiction – This clause sets out the jurisdiction of the courts applicable In order to seek and file for the legal remedy when there is a breach by either party.

The difference between a breach of agreement and cheating by either party is based on the nature of liability. Incase of breach, civil liability is attracted whereas in case of cheating criminal proceedings take place.

Mere breach of contract cannot give rise to criminal proceedings for cheating unless fraudulent and dishonest intention is shown at the beginning of the transaction.

The agreement would not dissolve on its own as the allegation of theft has to be proved first and for that, the police will look into the matter to come to a conclsuion and when it is done, you can file against the other party for breach of contract as a civil remedy.

Hope i was able to solve your query.

Regards
Nihal Thareja

Hello,

Try to resolve amicably. Notarised agreement will have less evidentiary value. 

What is the status of the complaint? Who is the accused?