Misuse of 498a – False 498A Legal Terrorism says Supreme Court in Sushil Kumar

IN THE SUPREME COURT OF INDIA Civil appeal No. 4399 of 2005 (Arising out of SLP (C) no. 17656 of 2004 Decided On: 19.07.2005 Appellants: Sushil Kumar SharmaVs.Respondent: Union of India (UOI) … Continue reading Misuse of 498a – False 498A Legal Terrorism says Supreme Court in Sushil Kumar

Murder Conviction on testimony of interested witnesses

In this murder case the court was faced with a situation where a grandson murdered his grandfather when the latter tried bringing sense into him not to indluge in rowdyism … Continue reading Murder Conviction on testimony of interested witnesses

Kidnapping and Abduction are distinct offences.

Comment : In this case the accused was charged u/ss 363 & 366 – later on trial it became apparent on evidence that the girl was major hence the charge … Continue reading Kidnapping and Abduction are distinct offences.

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 … Continue reading Conviction u/s 306 IPC in absence of a charge to the effect.

Women convicted of murder on jumping in well with children…

Comment : In this case a women driven to despair and torture jumped into a well with her three children, was convicted u/s 300 (4) for causing death by act with … Continue reading Women convicted of murder on jumping in well with children…

Father in law convicted u/s 202 for failure to inform the authorities as to DIL’s suicide

Comment : In this case of unnatural death of a DIL – notwithstanding failure of prosecution to bring home offences 302/306/304B against the accused – convicted the FIL u/s 202 for … Continue reading Father in law convicted u/s 202 for failure to inform the authorities as to DIL’s suicide

Scope of Scrutiny at the stage of discharge …Supreme Court

This Judgment highlights the scope of scrutiny at the stage of discharge.   Supreme Court of India R.S. Mishra vs State Of Orissa & Ors. on 1 February, 2011 Bench: J.M. … Continue reading Scope of Scrutiny at the stage of discharge …Supreme Court

Causing Death of Tresspasser by Rash & Negligent Act

Supreme Court of India Cherubin Gregory vs The State Of Bihar on 31 July, 1963 Equivalent citations: 1964 AIR 205, 1964 SCR (4) 199 Bench: Ayyangar, N Rajagopala PETITIONER: CHERUBIN … Continue reading Causing Death of Tresspasser by Rash & Negligent Act

Murder under Supposed Circumstances

Comment : The Court summed up the law on death caused under supposed circumstances. The Law in a nutshell is examine the initial mens rea ? and not the latter one … Continue reading Murder under Supposed Circumstances

Emporer v. Dhirajia – On Murder S.300 IPC

  Allahabad High Court Emperor vs Mt. Dhirajia on 4 June, 1940 Equivalent citations: AIR 1940 All 486 Author: Braund JUDGMENT Braund, J. 1. This is an appeal of some … Continue reading Emporer v. Dhirajia – On Murder S.300 IPC

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.