In every crime, there is first, intention to commit, secondly, preparation to commit it, thirdly, attempt to commit it. If the third stage, that is, attempt is successful, then the crime is complete. If the attempt fails the crime is not complete, but law punishes the person attempting the act. Section 511 is a general […]Read More Supreme court on law of attempt to rape
In a suit filed against Reciever appointed by court sanction u/s 80 CPC is required – however if leave nto taken before instituion is taken afterwards (leave to continue with suit) then defect is not fatal so as to defeat the very action. Courts should not be hypertechnical. Supreme Court of India Everest Coal Company […]Read More Suit against court appointed Reciever Sanction u/s 80 CPC sine qua non
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 […]Read More Eviction of Tenant by unregistered partnership firm !
Comment : In this case the SC highlighted again that merely by adoption the adoptive parents are not deprived of right to deal with their properties as such, however if there is an agreement to the contrary such rights may be restricted, and since by such agreement right/title/interest is created/declared and extinguished it is required […]Read More Marriage without Sex – Anathema – Court holds Impotency/Refusal to have Intercourse – Mental Cruelty
Lakshmi Amma And Anr. vs Talengalanarayana Bhatta And … on 10 March, 1970 Equivalent citations: AIR 1970 SC 1367, (1970) 3 SCC 159 Author: A Grover Bench: A G Shah, K Hegde JUDGMENT A.N. Grover, J. 1. This is an appeal by special leave from a judgment and decree of the Kerala High Court whereby […]Read More Settlement deed under undue influence by old aged person.
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: […]Read More Extra Territorial Jursidiction of IPC – S.4 IPC, S188 CrPC
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 […]Read More Intention to defraud/cheat at time of making of contract essential to make out cheating.
The preposition before Court is suppose A gets property from B under an agreement to sell, A has got possession and is ready to fulfil his obligations to fulfill the transaction, but B is not similarly enthusiastic about it. The agreement to sell is not registered – in such a situation A by virtue of […]Read More Whether possession can be protected via theory of part performance even after time limit for specific performance has expired ? HELD YES
A Case on outraging the modesty of a woman & Rape. Supreme Court of India Raju Pandurang Mahale vs State Of Maharashtra And Anr. on 11 February, 2004 Equivalent citations: AIR 2004 SC 1677, 2004 CriLJ 1441, JT 2004 (2) SC 425 Author: A Pasayat Bench: D Raju, A Pasayat JUDGMENT Arijit Pasayat, J. […]Read More A Case on outraging the modesty of a woman & Rape.
Comment : A case where a person shoots to kill his adversary but ends up killing his wife – is convicted of murder by aid of S.301 – The Court holds that his malice/intention transferred to the wife of intended victim – it is also pertinent to note that S.299/300 talks about whoever causes […]Read More Transmigration of motive/Transfer of Malice – S.299/300/301 IPC