Supreme Court on Benami Transactions

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 … Continue reading Supreme Court on Benami Transactions

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.

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 … Continue reading Is criminal judgment binding on a civil case ?

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. … Continue reading Supreme Court on parol evidence in case of contract

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.: … Continue reading Supreme Court on S.92 Evidence Act – Doctrine of Conclusivity of Documentary Evidence.

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 … Continue reading Supreme Court on Possession of fruits of crime in murder case

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 … Continue reading Specific Performance of an Agreement vitiated by Fraud/Undue Influence.

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

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 … Continue reading Role of Judge in a Criminal Trial

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.

Appraisal of Testimony of Child Witness

Comment :  Allahabad High Court Panchhi And Ors. vs State Of U.P. on 17 February, 1998 Equivalent citations: 1998 CriLJ 3305 Author: K Shahi Bench: G Mathur, K Shahi JUDGMENT … Continue reading Appraisal of Testimony of Child Witness