Tag: framing of charge
-
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…
-
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…
-
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…
-
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…
-
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…
-
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.…
-
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…
-
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…
