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 … Continue reading Supreme court on law of attempt to rape
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 … Continue reading 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, … Continue reading 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 … Continue reading 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, … Continue reading 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. … 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. Supreme Court of India Raju Pandurang Mahale vs State Of Maharashtra And Anr. on 11 February, 2004 Equivalent … Continue reading 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 … Continue reading 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 … Continue reading Transmigration of motive/Transfer of Malice – S.299/300/301 IPC
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.: … Continue reading Supreme Court on S.92 Evidence Act – Doctrine of Conclusivity of Documentary Evidence.
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 … Continue reading Supreme Court on obscenity (Raj Kapoor v. State) Justice Krishna Iyer.
A Remarkable judgment outlining the law of obscenity as it stands in India, in a nutshell, while holding Bandit Queen to have been rightly passed by the Censors, held it … Continue reading Supreme Court on obscenity (Bandit Queen Judgment)