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 the intention of drawer was dishonest/fraudulent, and he did not intend to pay, but dishonestly induced the complainant to delivery … Continue reading For 420 in cheque bounce cases – dishonest intention at time of giving cheque necessary

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 provision concerning the framing of a charge is to be found in Section 228 of Cr.P.C. This Section is however, … Continue reading Scope of Scrutiny at the stage of discharge …Supreme Court

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 OF BIHAR DATE OF JUDGMENT: 31/07/1963 BENCH: AYYANGAR, N. RAJAGOPALA BENCH: AYYANGAR, N. RAJAGOPALA SINHA, BHUVNESHWAR P.(CJ) SHAH, J.C. CITATION: … Continue reading Causing Death of Tresspasser by Rash & Negligent Act

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 the employee did not travel at all. His guilt was sought to be established by putting on him the burden … Continue reading Supreme Court on S.106 Burden of Proof as to facts especially within knowledge.

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 also to be attributed to the defence witnesses at par with that of prosecution  Supreme Court of India State Of … Continue reading Perusal of Defence testimony

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 Panchhi, Manmohan and Smt. Ram Shree have preferred this appeal against their conviction under Section 302 read with Section 34 … Continue reading Appraisal of Testimony of Child Witness

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 a trial as an accused/complainant or a witness.  Criminal Trial - the Procedure is governed by the CrPC, 1973, there … Continue reading The basics of criminal trial in India – from charge to conviction (or acquittal)!

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 police/custom officials or any other department of the government, they are under the same responsibility as a Bailee to take … Continue reading Liability of State in Tort (as a Bailee) & Responsibility of Police w.r.t articles seized.

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 to be taken by judges while considering Bail Applications. The Court also came down upon tendency of courts to give … Continue reading SC Upholds Bail and not jail