MY TWO CENTS
ON THE
TIMELY AND THE TIMELESS
In the
LAW.
The difference between Consent & Submission in cases of Rape
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, J. 1. This is an application under Section 498, Criminal Procedure Code, for release of the petitioners on bail pending…
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Supreme Court on obscenity (Bandit Queen Judgment)
A Remarkable judgment outlining the law of obscenity as it stands in India, in a nutshell, while holding Bandit Queen to have been rightly passed by the Censors, held it not to obscene as it in no manner appeals to the prurient interests or is lascivious – or corruptive to the minds of people whose…
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MENS REA/GUILTY INTENT MUST FOR OFFENCE OF BIGAMY
Comment : This case reflects that the Indian Courts have insisted on requirement of guilty knowledge for prosecution under S.494 for bigamy. In this particular case – the parties were under a bona fide belief of having divorced and lawfully being able to marry again. As a matter of fact their divorce deed was ineffectual…
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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…
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Arbitrary Allotment of Petrol Pumps …SC
Though overruled by SC in a later decision in 1999 – this decision is highly public oriented – wherein the ministers, rightly, were held to be repositories of public trust, liable for breach of trust in case of arbitrary allotment of petrol pumps. Common Cause A Regd. Society vs Union Of India And Ors…
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Supreme Court on the Basics of Law of Partition
Comment : In this case the court was faced with a query “whether there is a period of limitation for filing an application for passing of final decree (metes and bounds partition) after prelininary decree declaring their shares is passed ? Court held N O – as suit is still on hold and is not disposed…
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Amendment of Plaint to prevent partial partition – application by defendant ?
The question raised in this civil revision petition is as to whether under Order VI, Rule 17 of the Civil Procedure Code, amendment of the plaint in a partition suit can be allowed at the instance of the defendants? Court held yes – since holistically in partition suit there are no judgment debtors and strict…
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Burden of Proving good faith of transactions hit by undue influence
Supreme Court of India Krishna Mohan Kul @ Nani Charan Kul … vs Pratima Maity And Ors. on 9 September, 2003 Equivalent citations: AIR 2003 SC 4351, 2004 (1) JCR 30 SC Author: A Pasayat Bench: D Raju, A Pasayat JUDGMENT Arijit Pasayat, J. 1. Leave granted. 2. By the impugned judgment, learned Single Judge…
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Presumption as to Joint Family Property – continuing Joint and not seperate
In This case – the court held two very fundamental principles which are of seminal importance in partition cases – i) if joint family’s existence is shown – some property/nucleas is shown ii) It is presumed that joint family goes on/continues iii) Some properties brought by Karta in his name iv) Onus on Karta if…
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