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 IndiaSushil Kumar And Ors vs State Of Haryana And Ors on 8 December, 1987Equivalent citations: 1988 AIR 419, 1988 SCR (2) 182Bench: Sharma, L.PETITIONER:SUSHIL KUMAR AND ORS.Vs.RESPONDENT:STATE OF HARYANA AND ORS.DATE OF JUDGMENT08/12/1987BENCH:SHARMA, L.M. (J)BENCH:SHARMA, … Continue reading When original not produced before Court S.195(1)(b)(ii) not attracted.

Supreme Court on Fake Encounter Killing

Supreme Court of IndiaBrijlala Pd. Sinha vs State Of Bihar on 13 July, 1998Author: PattanaikBench: M Mukherjee, G PattanaikPETITIONER:BRIJLALA PD. SINHAVs.RESPONDENT:STATE OF BIHARDATE OF JUDGMENT: 13/07/1998BENCH:M.K. MUKHERJEE, G.B. PATTANAIKACT:HEADNOTE:JUDGMENT:WITHCRL. APPEAL Nos. 218/98, 279/98 & 280-282/98JUDGMENTPATTANAIK,J.These five appeals are directed against the judgment dated 28.11.1997, of the Patna High Court passed in Criminal Appeal No. 459 … 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 and to work. The Court convicted on the basis of clinching testimony of 3 eye witnesses/Recovery/Disclousure Statement/Strained Relations and subsequent conduct of the offendor. The … 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 tenancy, it says that even if the tenant pleads non service of notice - if otherwise landlord - tenant relationship is accepted, the service of … Continue reading Service of Notice in Suit for Eviction – held 106 TPA automatically complied.

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 with regard to the ambit and scope of section 438 Cr.P.C. could have been avoided in case the Constitution Bench decision of this court in Sibbia's … 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 of the car was notified in the name of Nalini to the Motor Registration Authority. The insurance policy already issued was transferred in the name … 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 of an offence) and the societal interest in protection against criminals (tackled through effective investigations)- is a perrenial problem of statecraft; ii) Custody with POlice/Detention is unfavoured … 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 IndiaAjay Agarwal vs Union Of India And Ors on 5 May, 1993Equivalent citations: 1993 AIR 1637, 1993 SCR (3) 543Author: H P RamaswarmyBench: Ramaswamy, K.PETITIONER:AJAY AGARWALVs.RESPONDENT:UNION OF INDIA AND ORSDATE OF JUDGMENT05/05/1993BENCH:RAMASWAMY, K.BENCH:RAMASWAMY, K.SAHAI, R.M. (J)CITATION:1993 AIR 1637 1993 SCR (3) 5431993 SCC (3) 609 JT 1993 (3) 2031993 SCALE (2)757ACT:Penal Code, … 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 between judiciary and executive if new facts - warrant a re-investigation or a further investigation u/s 173(8) Supreme Court of IndiaRam Lal Narang Etc. Etc vs … Continue reading On Re-investigation 173(8) CrPC