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 IndiaSushil Kumar And Ors vs State Of Haryana And Ors on 8 December, 1987Equivalent citations: 1988 AIR 419, 1988 SCR (2) 182Bench: Sharma, L.PETITIONER:SUSHIL KUMAR AND ORS.Vs.RESPONDENT:STATE OF HARYANA AND ORS.DATE OF JUDGMENT08/12/1987BENCH:SHARMA, L.M. (J)BENCH:SHARMA, … Continue reading When original not produced before Court S.195(1)(b)(ii) not attracted.
Supreme Court of IndiaAjay Agarwal vs Union Of India And Ors on 5 May, 1993Equivalent citations: 1993 AIR 1637, 1993 SCR (3) 543Author: H P RamaswarmyBench: Ramaswamy, K.PETITIONER:AJAY AGARWALVs.RESPONDENT:UNION OF INDIA AND ORSDATE OF JUDGMENT05/05/1993BENCH:RAMASWAMY, K.BENCH:RAMASWAMY, K.SAHAI, R.M. (J)CITATION:1993 AIR 1637 1993 SCR (3) 5431993 SCC (3) 609 JT 1993 (3) 2031993 SCALE (2)757ACT:Penal Code, … 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 between judiciary and executive if new facts - warrant a re-investigation or a further investigation u/s 173(8) Supreme Court of IndiaRam Lal Narang Etc. Etc vs … Continue reading On Re-investigation 173(8) CrPC
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 Court held that bar of S.195 would only be attracted if the offence is committed with respect to a document when it is custodia legis … Continue reading Forgery in Judicial Proceedings – S.195 CrPC/S.340 CrPC – Iqbal Singh Marwah v. Minakshi Marwah – 2005 SC
QUESTION : Cinematograph Act 1952 Section 5A-Whether the issuance of the certificate issued by the specialised Board of Film Censors bars the criminal Court's jurisdiction to try for offences under Sections 292/293 I.P.C ? Court said no...read on Supreme Court of IndiaRaj Kapoor And Ors vs State And Others on 26 October, 1979Equivalent citations: 1980 AIR 258, … Continue reading Supreme Court on obscenity (Raj Kapoor v. State) Justice Krishna Iyer.