Punjab-Haryana High Court Rao Harnarain Singh Sheoji Singh … vs The State on 12 August, 1957 Equivalent citations: AIR 1958 P H 123, 1958 CriLJ 563 Author: T Chand Bench: T Chand ORDER Tek Chand, […]
Category: Criminal Justice System
For 420 in cheque bounce cases – dishonest intention at time of giving cheque necessary
This decision basically states that merely because cheque gets dishonoured – won’t automatically give rise to liability u/s 420 for cheating – the prosecution/complainant has to prove that at the time of giving of cheque […]
Scope of Scrutiny at the stage of discharge …Supreme Court
This Judgment highlights the scope of scrutiny at the stage of discharge. Supreme Court of India R.S. Mishra vs State Of Orissa & Ors. on 1 February, 2011 Bench: J.M. Panchal, H.L. Gokhale HELD:1.1. The […]
Causing Death of Tresspasser by Rash & Negligent Act
Supreme Court of India Cherubin Gregory vs The State Of Bihar on 31 July, 1963 Equivalent citations: 1964 AIR 205, 1964 SCR (4) 199 Bench: Ayyangar, N Rajagopala PETITIONER: CHERUBIN GREGORY Vs. RESPONDENT: THE STATE […]
Supreme Court on S.106 Burden of Proof as to facts especially within knowledge.
Comment : In this case the Court was faced with a situation where a railway employee was arraigned u/s 420 IPC for having cheated railway by making it give money as T.A (Travel Allowance) when indeed […]
Perusal of Defence testimony
Comment : defence witnessess cannot always be termed to be tainted one. defences witnesses are entitled to equal treatment and equal respect as that of the prosecution. The issue of credibility and the trustworthiness ought […]
Appraisal of Testimony of Child Witness
Comment : Allahabad High Court Panchhi And Ors. vs State Of U.P. on 17 February, 1998 Equivalent citations: 1998 CriLJ 3305 Author: K Shahi Bench: G Mathur, K Shahi JUDGMENT K.D. Shahi, J. 1. Appellants […]
The basics of criminal trial in India – from charge to conviction (or acquittal)!
This article is a part of series “law for the layman” that I am writing, wherein we have tried to make law as understandable as possible to anyone who finds himself in the throes of […]
Liability of State in Tort (as a Bailee) & Responsibility of Police w.r.t articles seized.
(State of Gujarat vs. Haji Memon (1967 SC) It was held in this landmark judgment, that is bound to be of great use to the public, that if any property (moveable) is seized by the […]
SC Upholds Bail and not jail
In a landmark decision that has turned the scales of justice in favour of personal liberty and freedom, The Hon’ble Supreme Court has reiterated the philosphy of Bail not Jail as the dominant view that is […]