As the document alleged to have been forged was not produced in the court the provisions on S.195(1)(b)(ii). Supreme Court of India Sushil Kumar And Ors vs State Of Haryana And Ors on 8 December, 1987 Equivalent citations: 1988 AIR 419, 1988 SCR (2) 182 Bench: Sharma, L. PETITIONER: SUSHIL KUMAR AND ORS. Vs. RESPONDENT: […]
Supreme Court of India Brijlala Pd. Sinha vs State Of Bihar on 13 July, 1998 Author: Pattanaik Bench: M Mukherjee, G Pattanaik PETITIONER: BRIJLALA PD. SINHA Vs. RESPONDENT: STATE OF BIHAR DATE OF JUDGMENT: 13/07/1998 BENCH: M.K. MUKHERJEE, G.B. PATTANAIK ACT: HEADNOTE: JUDGMENT: WITH CRL. APPEAL Nos. 218/98, 279/98 & 280-282/98 JUDGMENT PATTANAIK,J. These five […]
Law of Quantum Meriut by SC Facts : The Public Works Department of the respondent-State had issued a tender notice for the construction of a road. The appellant inspected the site, went to the place where stone for the construction was said to be available, and after satisfying himself submitted a tender below the estimates in […]
SCOPE AND AMBIT OF ANTICIPATORY BAIL – summed up and reiterated by the the Hon’ble SC in SS.Mhetre v. State of Maharashtra (2010 SC) 118. A good deal of misunderstanding with regard to the ambit and scope of section 438 Cr.P.C. could have been avoided in case the Constitution Bench decision of this court in […]
Comment : This case deals with factors that the judge has to consider while granting police custody, which can be summed up as :- i) Balancing rights of a person accused of an offence) and the societal interest in protection against criminals (tackled through effective investigations)- is a perrenial problem of statecraft; ii) Custody with POlice/Detention […]
Supreme Court of India Ajay Agarwal vs Union Of India And Ors on 5 May, 1993 Equivalent citations: 1993 AIR 1637, 1993 SCR (3) 543 Author: H P Ramaswarmy Bench: Ramaswamy, K. PETITIONER: AJAY AGARWAL Vs. RESPONDENT: UNION OF INDIA AND ORS DATE OF JUDGMENT05/05/1993 BENCH: RAMASWAMY, K. BENCH: RAMASWAMY, K. SAHAI, R.M. (J) CITATION: […]
Comment : A landmark decision on powers of further investigation and how in the fitness of things – the police should inform the magistrate and seek permission to maintain harmony between judiciary and executive if new facts – warrant a re-investigation or a further investigation u/s 173(8) Supreme Court of India Ram Lal Narang Etc. […]
Comment : In this case the Court was faced with a situation where a complainant prosecuted the vendors in an agreement to sell that he entered, for Cheating (420/415/418), 423 etc. The basis of his case being that the vendors with a fraudulent intention, deceptively, induced the complainant to purchase the property, knowing perfectly well that […]
Comment : In this landmark 5 judge bench decision on the interplay of offence of forgery in judicial proceedings/the bar of S.195 on independant prosecution & S.340 CrPC – the Court held that bar of S.195 would only be attracted if the offence is committed with respect to a document when it is custodia legis […]
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 […]