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: Ramaswamy, K. PETITIONER: AJAY AGARWAL Vs. RESPONDENT: UNION OF INDIA AND ORS DATE OF JUDGMENT05/05/1993 BENCH: RAMASWAMY, K. BENCH: RAMASWAMY, K. SAHAI, R.M. (J) CITATION: […]Read More 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 India Ram Lal Narang Etc. […]Read More 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. The basis of his case being that the vendors with a fraudulent intention, deceptively, induced the complainant to purchase the property, knowing perfectly well that […]Read More Intention to defraud/cheat at time of making of contract essential to make out cheating.
Supreme Court of India Sanjeev Kumar vs State Of Himachal Pradesh on 22 January, 1999 Equivalent citations: AIR 1999 SC 782, 1999 (1) ALD Cri 322, 1999 CriLJ 1138 Author: G Pattanaik Bench: G P Shah ORDER G.B. Pattanaik, J. 1. These three appeals arise out of one Sessions Trial being Sessions Trial No. […]Read More for a charge u/s 212 – knowledge of commission of offence sine qua non
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 failure to inform the police – intentional ommission to give information having reason to believe that an offence is committed. Supreme Court of India […]Read More Father in law convicted u/s 202 for failure to inform the authorities as to DIL’s suicide
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 […]Read More Forgery in Judicial Proceedings – S.195 CrPC/S.340 CrPC – Iqbal Singh Marwah v. Minakshi Marwah – 2005 SC