Fraud includes two elements – deceit – and injury to person decieved – in absence of latter no fraud

Facts : Dr. Vimla purchased a car in the name of her minor daughter Nalini aged about 6 months. The price of tile car was paid by her. The transfer of the car was notified in the name of Nalini to the Motor Registration Authority. The insurance policy already issued was transferred in the name … Continue reading Fraud includes two elements – deceit – and injury to person decieved – in absence of latter no fraud

Liability of Pledgee for Criminal Breach of Trust

Comment : In this case the court held a bank liable for criminal breach of trust where it misappropriated the govt. securities pledged with it by the pledgor to secure overdraft - in actuality no overdraft was procured. The defence of S.79 of the bank was negatived for the simple reason that bank could not be … Continue reading Liability of Pledgee for Criminal Breach of Trust

Kidnapping and Abduction are distinct offences.

Comment : In this case the accused was charged u/ss 363 & 366 - later on trial it became apparent on evidence that the girl was major hence the charge for 363 had to fail, the prosecution notwithstanding the same sought to sustain the conviction u/s 366 as the same can also be committed by … Continue reading Kidnapping and Abduction are distinct offences.

Conviction u/s 306 IPC in absence of a charge to the effect.

Comments : In this case the court held that even though no specific charge u/s 306 is framed - the accused can be convicted under the same (S.221(2) CrPC) if otherwise 304B/498A was framed.  Supreme Court of IndiaK. Prema S. Rao And Anr. vs Yadla Srinivasa Rao And Ors. on 25 October, 2002Equivalent citations: AIR 2003 … Continue reading Conviction u/s 306 IPC in absence of a charge to the effect.

Evidentiary Weight when witness dies after examination in chief

Comment : This case is a preposition for "When a witness after his examination in chief dies - and hence could not be cross examined - his evidence does not ipso facto become inadmissible and washed off the record - it still can be considered though of little weight" Kerala High Court Food Inspector vs … Continue reading Evidentiary Weight when witness dies after examination in chief

Scope of Scrutiny at the stage of discharge …Supreme Court

This Judgment highlights the scope of scrutiny at the stage of discharge.   Supreme Court of India R.S. Mishra vs State Of Orissa & Ors. on 1 February, 2011 Bench: J.M. Panchal, H.L. Gokhale HELD:1.1. The provision concerning the framing of a charge is to be found in Section 228 of Cr.P.C. This Section is however, … Continue reading Scope of Scrutiny at the stage of discharge …Supreme Court

The Law on Common Intention S.34 Indian Penal Code

A landmark decision on the domain of S.34 as a principle of constructive criminality, where a lot many persons do a thing in furtherance of their common intention - each of them is liable - as if he had done it alone. This is based on common logic that presence & assistance of confedarates lends … Continue reading The Law on Common Intention S.34 Indian Penal Code

Supreme Court on S.106 Burden of Proof as to facts especially within knowledge.

 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 T.A (Travel Allowance) when indeed the employee did not travel at all. His guilt was sought to be established by putting on him the burden … Continue reading Supreme Court on S.106 Burden of Proof as to facts especially within knowledge.