Entire Testimony Of Witness Cannot Be Discarded Merely Because Part Of It Was Found To Be False, Reiterates SC [Read Judgment]

“The entire testimony of the witnesses cannot be discarded only because, in certain aspects, part of the statement has not been believed.”

Injury On Vital Part Not An Essential Ingredient Of Section 307 IPC (Attempt To Murder): SC [Read Judgment]

"If the assailant acts with the intention or knowledge that such action might cause death, and hurt is caused, then the provisions of Section 307 I.P.C. would be applicable"

Mere Inability To Repay Loan Does Not Constitute 'Cheating': SC [Read Judgment]

“The mere inability of the appellant to return the loan amount cannot give rise to a criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction, as it is this mens rea which is the crux of the offence.”

Is Amendment Of Pleadings Allowed After Commencement Of Trial? SC Explains [Read Judgment]

"Though normally amendments are allowed in the pleadings to avoid multiplicity of litigation, the Court needs to take into consideration whether the application for amendment is bona fide or mala fide and whether the amendment causes such prejudice to the other side which cannot be compensated adequately in terms of money."

Is Conviction Based On Sole Testimony Of Victim In Rape Cases Sustainable?

A prosecutrix of a sex offence cannot be put on par with an accomplice. She is in fact a victim of the crime. The Evidence Act nowhere says that her evidence cannot be accepted unless it is corroborated in material particulars. She is undoubtedly a competent witness under S.118 and her evidence must receive the same weight as is attached to an injured in cases of physical violence.

Section 456 CrPC: Limitation Of 30 Days Would Not Apply If Trial Court Had Already Ordered Restoration Of Possession: SC

"It would apply only if the Trial Court had not passed any order in respect of the case property while convicting the accused."

Can A Judge Be Arrested? What Is The Procedure?

Can a judicial officer be arrested? This might be an interesting question, but the answer is well settled by the Supreme Court in Delhi Judicial Service Association Tis Hazari Court VS. State of Gujarat (1991), when it held that no person whatever his rank, or designation may be, is, above law and he must face the penal consequences of infraction of criminal law. The Apex court also...

Inability To Establish Motive In A Case Of Circumstantial Evidence Not Always Fatal : SC [Read Judgment]

The inability of the prosecution to establish motive in a case of circumstantial evidence is not always fatal to the prosecution case, held the Supreme Court today.The bench of Justices A M Khanwilkar and K M Joseph held so while dismissing a criminal appeal."We would think that while it is true that if the prosecution establishes a motive for the accused to commit a crime it will...

What Is Meant By 'Taking Cognizance' In Section 190 of CrPC?

"Know The Law" is a series which explains the legal principles for the beginners in the legal professionSeveral provisions in Chapter XIV of the Code of Criminal Procedure use the word 'cognizance'.However, the word 'cognizance' has not been defined in the Code of Criminal Procedure.The meaning of the word has been explained by judicial pronouncements and it has acquired a...

Dishonour Of Cheque : How To Discharge The Burden Of Accused?

Presumptions are devices by use of which the Courts are enabled and entitled to pronounce on an issue notwithstanding that there is no evidence or insufficient evidence. Under the Evidence Act all presumptions must come under one or the other class of the three classes mentioned in the Act, namely, (1) "may presume" (rebuttable), (2) "shall presume" and (3) "conclusive (irrebuttable). The term...

Sec.43 TP Act - Transfer By Erroneous Representation Of Title Will Hold Good If Transferor Acquires Title Later : SC [Read Judgment]

Applying the principle of "feeding the grant by estoppel" under Section 43 of the Transfer of Property Act, the Supreme Court granted relief to a party, who was misled to purchase a property by erroneous representation of title by the vendor.The appellant before the SC had instituted a title suit in 1995, seeking declaration of title over a plot. The plot was purchased by him on January 6,...

Section 115 CPC: Revision Petition Not Maintainable Against Interlocutory Orders, Reiterates SC [Read Judgment]

“We are constrained to observe that every legal canon has been thrown to the winds by the impugned judgment.”