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 India Sushil Kumar And Ors vs State Of Haryana … Continue reading When original not produced before Court S.195(1)(b)(ii) not attracted.

Supreme Court on Fake Encounter Killing

Supreme Court of India Brijlala Pd. Sinha vs State Of Bihar on 13 July, 1998 Author: Pattanaik Bench: M Mukherjee, G Pattanaik PETITIONER: BRIJLALA PD. SINHA Vs. RESPONDENT: STATE OF … Continue reading Supreme Court on Fake Encounter Killing

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 … Continue reading Supreme court on law of attempt to rape

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, … Continue reading Mother is not the Natural Guardian under the Muslim Law !

On Re-investigation 173(8) CrPC

Comment : A landmark decision on powers of further investigation and how in the fitness of things – the police should inform the magistrate and seek permission to maintain harmony … Continue reading On Re-investigation 173(8) CrPC

Limitation period for breach of contract.

Supreme Court of India Bhajan Singh Hardit Singh And Co., … vs Karson Agency (India) And Ors. on 31 March, 1967 Author: Tatachari Bench: K Hegde, H Khanna, T Tatachari … Continue reading Limitation period for breach of contract.

Rape – Consent & False Promise of Marriage

 Comment :  This case concerned a case of RAPE & CHEATING. The Court negatived the prosecution version that the girl gave in to the intercourse on false promise of marriage, … Continue reading Rape – Consent & False Promise of Marriage

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

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.

Is criminal judgment binding on a civil case ?

Comment : We, therefore, are of the opinion that the judgment in a criminal case was not relevant in evidence for the purpose of proving a person’s civil liability and the … Continue reading Is criminal judgment binding on a civil case ?

138 Acquittal won’t bar civil suit for recovery says Supreme Court

Comment : In this case the Court held two basic points :- i) Civil and Criminal Proceedings can go on, on an acquittal u/s 138 would not automatically oust a civil … Continue reading 138 Acquittal won’t bar civil suit for recovery says Supreme Court

Arbitrary Allotment of Petrol Pumps …SC

Though overruled by SC in a later decision in 1999 – this decision is highly public oriented – wherein the ministers, rightly, were held to be repositories of public trust, … Continue reading Arbitrary Allotment of Petrol Pumps …SC

Supreme Court on Rash & Grossly Negligent.

Supreme Court of India Rathnashalvan vs State Of Karnataka on 11 January, 2007 Author: D A Pasayat Bench: D A Pasayat, S Kapadia CASE NO.: Appeal (crl.) 45 of 2007 … Continue reading Supreme Court on Rash & Grossly Negligent.