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