On Re-investigation 173(8) 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. […]

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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. 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 […]

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Father in law convicted u/s 202 for failure to inform the authorities as to DIL’s suicide

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 […]

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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 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 […]

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