Demystifying Indian Law & Legal System
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.
