Intention to defraud/cheat at time of making of contract essential to make out cheating.

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.

Manohar Lal Chopra v. RaI bahadur Seth Hiralal – Supreme Court on Court’s power to grant injunction under it’s inherent powers.

Comment : In this case the court held that S.151 does not empower the court to pass wild anti suit injunctions – where the power is expressly given in S.94(a) … Continue reading Manohar Lal Chopra v. RaI bahadur Seth Hiralal – Supreme Court on Court’s power to grant injunction under it’s inherent powers.

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 ?

Forgery in Judicial Proceedings – S.195 CrPC/S.340 CrPC – Iqbal Singh Marwah v. Minakshi Marwah – 2005 SC

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