Demystifying Indian Law & Legal System
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 rapeComment : 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 !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 […]
Read More Mother is not the Natural Guardian under the Muslim Law !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 CrueltyLakshmi 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.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.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.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 India K. Prema S. Rao And Anr. vs Yadla Srinivasa Rao And Ors. on 25 October, 2002 […]
Read More Conviction u/s 306 IPC in absence of a charge to the effect.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 IPCSupreme 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 […]
Read More Supreme Court on S.92 Evidence Act – Doctrine of Conclusivity of Documentary Evidence.