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 IndiaSushil Kumar And Ors vs State Of Haryana And Ors on 8 December, 1987Equivalent citations: 1988 AIR 419, 1988 SCR (2) 182Bench: Sharma, L.PETITIONER:SUSHIL KUMAR AND ORS.Vs.RESPONDENT:STATE OF HARYANA AND ORS.DATE OF JUDGMENT08/12/1987BENCH:SHARMA, L.M. (J)BENCH:SHARMA, … Continue reading When original not produced before Court S.195(1)(b)(ii) not attracted.

Eviction of Tenant by unregistered partnership firm !

Comment  : In this case an unregistered firm sued to recover possession from a tenant (erstwhile insofar as term of tenancy had ceased) - the suit was resisted on the ground that since the basis of suit lied in contract entered into with tenant - it is hit by the mischief of S.69 and an … Continue reading Eviction of Tenant by unregistered partnership firm !

Mother is not the Natural Guardian under the Muslim Law !

This SC Decision reiterates that in Muslim Law mother is not the natural or the legal guardian of the child, and is merely entitled to preferential custody upto certain ages, in absence of father, his executor and in executor's absence father's father and his executor are natural guardians. Brothers/Mother/Sister cannot be natural guardians unless so … Continue reading Mother is not the Natural Guardian under the Muslim Law !

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

Liability of Pledgee for Criminal Breach of Trust

Comment : In this case the court held a bank liable for criminal breach of trust where it misappropriated the govt. securities pledged with it by the pledgor to secure overdraft - in actuality no overdraft was procured. The defence of S.79 of the bank was negatived for the simple reason that bank could not be … Continue reading Liability of Pledgee for Criminal Breach of Trust

Conviction u/s 306 IPC in absence of a charge to the effect.

Comments : In this case the court held that even though no specific charge u/s 306 is framed - the accused can be convicted under the same (S.221(2) CrPC) if otherwise 304B/498A was framed.  Supreme Court of IndiaK. Prema S. Rao And Anr. vs Yadla Srinivasa Rao And Ors. on 25 October, 2002Equivalent citations: AIR 2003 … Continue reading Conviction u/s 306 IPC in absence of a charge to the effect.