Supreme Court on Benami Transactions Supreme Court of India Samittri Devi & Anr. vs Sampuran Singh & Anr. on 21 January, 2011 Author: Gokhale Bench: Dalveer Bhandari, H.L. Gokhale IN THE SUPREME COURT OF INDIA […]
Tag: The Indian Evidence Act
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. […]
Is criminal judgment binding on a civil case ?
Comment : We, therefore, are of the opinion that the judgment in a criminal case was not relevant in evidence for the purpose of proving a person’s civil liability and the other way round. Supreme […]
Supreme Court on parol evidence in case of contract
Supreme Court of India Narandas Morardas Gaziwala & Ors vs S. P. Am. Papammal& Anr on 25 March, 1966 Equivalent citations: 1967 AIR 333, 1966 SCR 38 Bench: Ramaswami, V. PETITIONER: NARANDAS MORARDAS GAZIWALA & […]
Supreme Court on S.92 Evidence Act – Doctrine of Conclusivity of Documentary Evidence.
Supreme Court of India State Bank Of India & Anr vs Mula Sahakari Sakhar Karkhana Ltd on 6 July, 2006 Author: S Sinha Bench: S Sinha, P Balasubramanyan CASE NO.: Appeal (civil) 2801 of 2006 […]
Supreme Court on Possession of fruits of crime in murder case
A decision on inference arising from possession of fruits of crime – soon after the occurence, in absence of reasonable explanation may lead to inference of complicity, also a preposition on Life Sentence means incarceration […]
Specific Performance of an Agreement vitiated by Fraud/Undue Influence.
Comment : In this case the plaintiff sought specific performance on the basis of an agreement to sell. defendant pleaded that the same was voidable on the ground of fraud and undue influence and was […]
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 – […]
Role of Judge in a Criminal Trial
A judgment of seminal important on the role of a judge in a criminal trial, the breadth of the 165/311 inquisitorial aspects of court’s jurisdiction are dealt with. Supreme Court Ram Chander vs State […]
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 […]