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.”

Liberty Granted By Court To Pursue Appropriate Remedy Does Not Bar Application Of Constructive Res Judicata: SC [Read Judgment]

“These observations as contained in the order of this Court cannot be construed to mean that the respondents would be deprived of their right to set up a plea of constructive res judicata if the appellants were to raise such a claim.”

Arbitral Tribunal Cannot Award Interest If Agreement Expressly Bars Its Payment: SC [Read Judgment]

The Supreme Court has reiterated that arbitrator cannot award interest on award if the agreement expressly prohibits grant of interest.The bench of Justices A K Sikri, Abdul Nazeer and M R Shah dismissed an appeal to uphold a judgment of Delhi High Court, which had set aside an arbitration award to the extent it granted interest overlooking the prohibition in the agreement.The appellant was...