When original not produced before Court S.195(1)(b)(ii) not attracted.

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 … Continue reading When original not produced before Court S.195(1)(b)(ii) not attracted.

Supreme Court on Fake Encounter Killing

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 … Continue reading Supreme Court on Fake Encounter Killing

In this Judgment the SC explains the law of quantum meruit….

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, … Continue reading In this Judgment the SC explains the law of quantum meruit….

Scope and Ambit of Anticipatory Bail – S.S.Mhetre – 2011

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 … Continue reading Scope and Ambit of Anticipatory Bail – S.S.Mhetre – 2011

Gujarat High Court on the Law of Police Remand – Police Custody when to be granted ?

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 … Continue reading Gujarat High Court on the Law of Police Remand – Police Custody when to be granted ?

Extra Territorial Jursidiction of IPC – S.4 IPC, S188 CrPC

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: … Continue reading Extra Territorial Jursidiction of IPC – S.4 IPC, S188 CrPC

On Re-investigation 173(8) CrPC

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 … Continue reading On Re-investigation 173(8) CrPC

Intention to defraud/cheat at time of making of contract essential to make out cheating.

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. … Continue reading Intention to defraud/cheat at time of making of contract essential to make out cheating.

Forgery in Judicial Proceedings – S.195 CrPC/S.340 CrPC – Iqbal Singh Marwah v. Minakshi Marwah – 2005 SC

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 … Continue reading Forgery in Judicial Proceedings – S.195 CrPC/S.340 CrPC – Iqbal Singh Marwah v. Minakshi Marwah – 2005 SC

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: … Continue reading The difference between Consent & Submission in cases of Rape

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 … 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. … Continue reading Scope of Scrutiny at the stage of discharge …Supreme Court