Tag: 1860
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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…
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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…
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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…
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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…
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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…
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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.…
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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…
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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…
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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…
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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.…
