When original not produced before Court S.195(1)(b)(ii) not attracted.

As the document alleged to have been forged was not produced in the court the provisions on S.195(1)(b)(ii).  Supreme Court of India Sushil Kumar And Ors vs State Of Haryana … Continue reading When original not produced before Court S.195(1)(b)(ii) not attracted.

Supreme Court on Fake Encounter Killing

Supreme Court of India Brijlala Pd. Sinha vs State Of Bihar on 13 July, 1998 Author: Pattanaik Bench: M Mukherjee, G Pattanaik PETITIONER: BRIJLALA PD. SINHA Vs. RESPONDENT: STATE OF … Continue reading Supreme Court on Fake Encounter Killing

Murder Conviction on testimony of interested witnesses

In this murder case the court was faced with a situation where a grandson murdered his grandfather when the latter tried bringing sense into him not to indluge in rowdyism … Continue reading Murder Conviction on testimony of interested witnesses

Service of Notice in Suit for Eviction – held 106 TPA automatically complied.

Comment : This case takes a very pragmatic view of requirment of service of 15 days notice before filing a suit for recovery of possession after termination of month to month … Continue reading Service of Notice in Suit for Eviction – held 106 TPA automatically complied.

Forgery and Cheating

Supreme Court of India Federal Bank Ltd. vs V.M. Jog Engineering Ltd. And Ors. on 29 September, 2000 Equivalent citations: AIR 2000 SC 3166, 2001 106 CompCas 267 SC Author: … Continue reading Forgery and Cheating

Scope and Ambit of Anticipatory Bail – S.S.Mhetre – 2011

SCOPE AND AMBIT OF ANTICIPATORY BAIL – summed up and reiterated by the the Hon’ble SC in SS.Mhetre v. State of Maharashtra (2010 SC)  118. A good deal of misunderstanding … Continue reading Scope and Ambit of Anticipatory Bail – S.S.Mhetre – 2011

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

Gujarat High Court on the Law of Police Remand – Police Custody when to be granted ?

Comment : This case deals with factors that the judge has to consider while granting police custody, which can be summed up as :- i) Balancing rights of a person accused … Continue reading Gujarat High Court on the Law of Police Remand – Police Custody when to be granted ?

Extra Territorial Jursidiction of IPC – S.4 IPC, S188 CrPC

Supreme Court of India Ajay Agarwal vs Union Of India And Ors on 5 May, 1993 Equivalent citations: 1993 AIR 1637, 1993 SCR (3) 543 Author: H P Ramaswarmy Bench: … Continue reading Extra Territorial Jursidiction of IPC – S.4 IPC, S188 CrPC

On Re-investigation 173(8) CrPC

Comment : A landmark decision on powers of further investigation and how in the fitness of things – the police should inform the magistrate and seek permission to maintain harmony … Continue reading On Re-investigation 173(8) CrPC

Intention to defraud/cheat at time of making of contract essential to make out cheating.

Comment : In this case the Court was faced with a situation where a complainant prosecuted the vendors in an agreement to sell that he entered, for Cheating (420/415/418), 423 etc. … Continue reading Intention to defraud/cheat at time of making of contract essential to make out cheating.

Rape – Consent & False Promise of Marriage

 Comment :  This case concerned a case of RAPE & CHEATING. The Court negatived the prosecution version that the girl gave in to the intercourse on false promise of marriage, … Continue reading Rape – Consent & False Promise of Marriage