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 And Ors on 8 December, […]
Tag: 2009
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 BIHAR DATE OF JUDGMENT: 13/07/1998 […]
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 […]
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 […]
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 between judiciary and executive if […]
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 JUDGMENT Tatachari, J. (1) This […]
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 citations: AIR 2004 SC 1677, […]
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 other way round. Supreme […]
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 suit for recovery. ii) Doctrine […]
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, liable for breach of trust […]