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.
Comment : This case deals with factors that the judge has to consider while granting police custody, which can be summed up as :- i) Balancing rights of a person accused … Continue reading Gujarat High Court on the Law of Police Remand – Police Custody when to be granted ?
Supreme Court of India Ajay Agarwal vs Union Of India And Ors on 5 May, 1993 Equivalent citations: 1993 AIR 1637, 1993 SCR (3) 543 Author: H P Ramaswarmy Bench: … Continue reading Extra Territorial Jursidiction of IPC – S.4 IPC, S188 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
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.
Comment : In this landmark 5 judge bench decision on the interplay of offence of forgery in judicial proceedings/the bar of S.195 on independant prosecution & S.340 CrPC – the … Continue reading Forgery in Judicial Proceedings – S.195 CrPC/S.340 CrPC – Iqbal Singh Marwah v. Minakshi Marwah – 2005 SC
This decision basically states that merely because cheque gets dishonoured – won’t automatically give rise to liability u/s 420 for cheating – the prosecution/complainant has to prove that at the … Continue reading For 420 in cheque bounce cases – dishonest intention at time of giving cheque necessary
Comment : The issue in this case was whether a cantankerous litigant having exhausted his remedies against an advocate in the Bar Council (State as well as National) Can sue … Continue reading Bar Council Decision res judicata on civil court
Comment : In this case the Court was faced with a situation where a railway employee was arraigned u/s 420 IPC for having cheated railway by making it give money as … Continue reading Supreme Court on S.106 Burden of Proof as to facts especially within knowledge.