Author: Bharat Chugh

  • Transfer of Malice under Indian Penal Code.

    CASE NOTE : A true classic on Transmigration of Motive/Transfer of Malice cases. In this case the accused gave poisoned halwa to X who having enough to make him sick, threw it away – which was eaten by two children who died. Accused was held liable for death of these two children by aid of :-…

  • Murder under Supposed Circumstances

    Comment : The Court summed up the law on death caused under supposed circumstances. The Law in a nutshell is examine the initial mens rea ? and not the latter one because when the person takes another to be dead and then hangs him up to potrray this as a suicide he has mens rea only…

  • Emporer v. Dhirajia – On Murder S.300 IPC

      Allahabad High Court Emperor vs Mt. Dhirajia on 4 June, 1940 Equivalent citations: AIR 1940 All 486 Author: Braund JUDGMENT Braund, J. 1. This is an appeal of some little interest. The appellant is a young woman of 20 who was tried for murder by the Sessions Judge of Benares and who was tried…

  • Virsa Singh v. State of Punjab – SC on Murder S.300 IPC

     Comment : The Court held that to bring a case under section 300 IPC Part 3 – the prosecution need not prove that the accused knew the injury to be sufficient in the ordinary course of nature to cause death – this would be too onerous – and would be tantamount to requiring a direct intention…

  • The Law on Common Intention S.34 Indian Penal Code

    A landmark decision on the domain of S.34 as a principle of constructive criminality, where a lot many persons do a thing in furtherance of their common intention – each of them is liable – as if he had done it alone. This is based on common logic that presence & assistance of confedarates lends…

  • Reema Aggarwal v. Anupam – Supreme Court on ‘wife’

    Comment : In a nutshell – the court was faced with the preposition whether ‘wife’ in S.498A means only a legally wedded wife ? Does it include a woman who has been living with a man for many years – husband potraying her as wife and society taking them to be so ? Does it fall…

  • Supreme Court on Professional ethics & Contempt of Court – R.K.Anand v. Registrar, Delhi High Court

    R.K.Anand vs Registrar,Delhi High Court on 29 July, 2009 Supreme Court of India Author: A Alam Bench: Harjit Singh Bedi, J.M. Panchal IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1393 OF 2008 R.K. Anand ….Appellant Versus Registrar, Delhi High Court …..Respondent WITH CRIMINAL APPEAL NO. 1451 OF 2008 I.U. Khan…

  • Supreme Court on S.14(1) of Hindu Succession Act

    Supreme Court of India Smt.Palchuri Hanumaya inma vs Tadikamalla Kotlingam (D) By … on 9 October, 2001 Author: S Hegde Bench: N S Hegde, S Variava CASE NO.: Appeal (civil) 967 of 1987 PETITIONER: SMT.PALCHURI HANUMAYAMMA Vs. RESPONDENT: TADIKAMALLA KOTLINGAM (D) BY L.RS. & ORS. DATE OF JUDGMENT: 09/10/2001 BENCH: N. Santosh Hegde & S.N.…

  • Can a Husband of a minor girl claim custody ?

    Comment : In this case – the court was faced with the perplexing question as to whether a person who is accused of kidnapping a minor girl and marrying her rendering himself liable under various sections of IPC/Prohibition of Child Marriage Act, 2006 – whose marriage is indubitably voidable – can be held to be ‘husband’…

  • Supreme Court on Rash & Grossly Negligent.

    Supreme Court of India Rathnashalvan vs State Of Karnataka on 11 January, 2007 Author: D A Pasayat Bench: D A Pasayat, S Kapadia CASE NO.: Appeal (crl.) 45 of 2007 PETITIONER: Rathnashalvan RESPONDENT: State of Karnataka DATE OF JUDGMENT: 11/01/2007 BENCH: DR. Arijit Pasayat & S.H. Kapadia JUDGMENT: JUDGMENT DR. ARIJIT PASAYAT, J. : 1.…