Supreme court on law of attempt to rape

 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 … Continue reading Supreme court on law of attempt to rape

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 !

Settlement deed under undue influence by old aged person.

Lakshmi Amma And Anr. vs Talengalanarayana Bhatta And ... on 10 March, 1970Equivalent citations: AIR 1970 SC 1367, (1970) 3 SCC 159Author: A GroverBench: A G Shah, K HegdeJUDGMENTA.N. Grover, J.1. This is an appeal by special leave from a judgment and decree of the Kerala High Court whereby the appeal preferred by respondent No. … Continue reading Settlement deed under undue influence by old aged person.

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

A Case on outraging the modesty of a woman & Rape.

A Case on outraging the modesty of a woman & Rape.  Supreme Court of IndiaRaju Pandurang Mahale vs State Of Maharashtra And Anr. on 11 February, 2004Equivalent citations: AIR 2004 SC 1677, 2004 CriLJ 1441, JT 2004 (2) SC 425Author: A PasayatBench: D Raju, A PasayatJUDGMENTArijit Pasayat, J.1. Appellant calls in question legality of the conviction … Continue reading A Case on outraging the modesty of a woman & Rape.

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.

Transmigration of motive/Transfer of Malice – S.299/300/301 IPC

 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 death … Continue reading Transmigration of motive/Transfer of Malice – S.299/300/301 IPC

Supreme Court on S.92 Evidence Act – Doctrine of Conclusivity of Documentary Evidence.

Supreme Court of India State Bank Of India & Anr vs Mula Sahakari Sakhar Karkhana Ltd on 6 July, 2006 Author: S Sinha Bench: S Sinha, P Balasubramanyan CASE NO.: Appeal (civil) 2801 of 2006 PETITIONER: State Bank of India & Anr. RESPONDENT: Mula Sahakari Sakhar Karkhana Ltd. DATE OF JUDGMENT: 06/07/2006 BENCH: S.B. Sinha … Continue reading Supreme Court on S.92 Evidence Act – Doctrine of Conclusivity of Documentary Evidence.

Supreme Court on obscenity (Raj Kapoor v. State) Justice Krishna Iyer.

QUESTION : Cinematograph Act 1952 Section 5A-Whether the issuance of the certificate issued by the specialised Board of Film Censors bars the criminal Court's jurisdiction to try for offences under Sections 292/293 I.P.C ?  Court said no...read on Supreme Court of IndiaRaj Kapoor And Ors vs State And Others on 26 October, 1979Equivalent citations: 1980 AIR 258, … Continue reading Supreme Court on obscenity (Raj Kapoor v. State) Justice Krishna Iyer.