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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 THE SUPRE… more →
The Laws of India - A Common Man's guide.
THE CRIMINAL LAW (AMENDMENT) ORDINANCE, 2013 No. 3 OF 2013
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Section 8 of the Indian Evidence Act, 1872, - “…..Conduct of an accused must have nexus with the crime committed. It must form part of the evidence as regards his conduct either preceding, during or after the commission of the offence as envisaged under Section 8 of the Evidence Act….”- The general good behaviour of the appellant and the fact that he had no bad habit have no nexus with the offence alleged against the appellant and are not relevant when other circumstances have established beyond reasonable doubt that it is the appellant and the appellant alone who has committed the murder of the deceased.
wrote 3 months ago: Page 1 Jaipur Rajasthan India (Photo credit: Wikipedia) Reportable IN THE SUPREME COURT OF INDIA CRI … more →
Sections 306 and 498A, IPC -whether the cruelty meted out to the victim had in fact induced her to end the life by committing suicide. If it transpires to the Court that a victim committing suicide was hypersensitive to ordinary petulance, discord and differences in domestic life quite common to the 18Page 19 society to which the victim belonged and such petulance, discord and differences were not expected to induce a similarly circumstanced individual in a given society to commit suicide, the conscience of the Court should not be satisfied for basing a finding that the accused charged of abetting the offence of suicide should be found guilty.” 15. For the aforesaid reasons, we allow this appeal and set aside the impugned judgment of the High Court and the judgment of the trial court holding the appellant guilty of the offences under Sections 306 and 498A, IPC and direct that the bail bonds executed by the appellant be discharged.
wrote 3 months ago: Bombay (Mumbai) – The High Court from afar with Oval Maidan in the foreground (Photo credit: W … more →
498-A and 306 of the IPC. = wife beating is a normal facet of married life. Does that mean giving one or two slaps to a wife by a husband just does not matter? We do not think that that can be a right approach. It is one thing to say that every wear and tear of married life need not lead to suicide and it is another thing to put it so crudely and suggest that one or two assaults on a woman is an accepted social norm. Judges have to be sensitive to women’s problems. Perhaps learned Sessions Judge wanted to convey that the circumstances on record were not strong enough to drive Girija to commit suicide. But to make light of slaps given to Girija which resulted in loss of her eyesight is to show extreme insensitivity. Assault on a woman offends her dignity. What effect it will have on a woman depends on facts and circumstances of each case. There cannot be any generalization on this issue. Our observation, however, must not be understood to mean that in all cases of assault suicide must follow. Our objection is to the tenor of learned Sessions Judge’s observations. We do not suggest that where there is no evidence the court should go out of its way, ferret out evidence and convict the accused in such cases. It is of course the duty of the court to see that an innocent person is not convicted. But it is equally the duty of the court to see that perpetrators of heinous crimes are brought to book. The above quoted extracts add to the reasons why learned Sessions Judge’s judgment can be characterized as perverse. They show a mindset which needs to change. There is a phenomenal rise in crime against women and protection granted to women by the Constitution of India and other laws can be meaningful only if those who are entrusted with the job of doing justice are sensitized towards women’s problems. In the ultimate analysis we are of the opinion that the appellant has not been able to rebut presumption under Section 113A of the Evidence Act. Girija committed suicide within seven years from the date of her marriage in her matrimonial home. Impact of this circumstance was clearly missed by the trial court. The evidence on record establishes that Girija was subjected to mental and physical cruelty by the appellant in their matrimonial home which drove her to commit suicide. The appellant is guilty of abetment of suicide. The High Court has rightly reversed the judgment of the trial court acquitting the appellant. Appeal is, therefore, dismissed.
wrote 4 months ago: REPORTABLE IN THE SUPREME COURT OF INDIA A White-bellied Sea Eagle flying in Karwar, Karnataka, Indi … more →
“On that day of the alleged occurrence Krishna deceased was preparing tea and incidentally caught fire. I extinguished the fire, as a result of which I received burn injuries and immediately brought her to General Hospital, Sonepat, and on the advice of the M.O. I was taking her for better treatment to Delhi but unfortunately she died.” The evidence of PW-7 and the endorsement marked ‘A’ in Ext. DD are evidence produced by the prosecution before the Court and such evidence produced by the prosecution before the Court supports the explanation of the appellant no.1 in his statement under section 313, Cr.P.C., that the deceased caught fire while she was preparing tea on the stove. The presumption in Section 304B of the IPC and Section 113B of the Indian Evidence Act, 1872 that they had caused dowry death of the deceased, thus, stood rebutted by the evidence in this case - In the result, we allow this appeal in part, set aside the conviction and sentences for the offence under Section 304B, IPC, and sustain the conviction and sentences under Section 498A, IPC. The appellant no.2 is already on bail. If appellant nos.1 and 3 have already undergone the sentence under Section 498A, IPC, they shall be released forthwith.
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Supreme Court on Benami Transactions
wrote 1 year ago: Supreme Court on Benami Transactions Supreme Court of India Samittri Devi & Anr. vs Sampuran Sin … more →
Indian Evidence Act - Examination of Witnesess (Part 3 of 3) - Hostile Witnesses
wrote 1 year ago: HOSTILE WITNESS The terms ‘hostile’ or ‘adverse’ witnesses are unknown to IE … more →
Supreme Court on S.92 Evidence Act - Doctrine of Conclusivity of Documentary Evidence.
wrote 1 year ago: Supreme Court of India State Bank Of India & Anr vs Mula Sahakari Sakhar Karkhana Ltd on 6 July, … more →
Burden of Proving good faith of transactions hit by undue influence
wrote 1 year ago: Supreme Court of India Krishna Mohan Kul @ Nani Charan Kul … vs Pratima Maity And Ors. on 9 Se … more →
Specific Performance of an Agreement vitiated by Fraud/Undue Influence.
wrote 1 year ago: Comment : In this case the plaintiff sought specific performance on the basis of an agreement to sel … more →
The Law on Common Intention S.34 Indian Penal Code
wrote 1 year ago: A landmark decision on the domain of S.34 as a principle of constructive criminality, where a lot ma … more →
Supreme Court on S.106 Burden of Proof as to facts especially within knowledge.
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Indian Evidence Act - Examination of Witnesses (Part 2 of 3)
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wrote 1 year ago: Section 147 talks about when a witness is to be compelled to answer. The section reads that if any s … more →
Indian Evidence Act - Examination of Witnesses (Part 1 of 3)
wrote 1 year ago: Chapter X deals with the examination of evidence. Further the chapter also deals with how the eviden … more →
Indian Evidence Act, 1872. Sections 34, 61 and 114. Books of account--Entries--Proof of--Nobody supporting correctness of entries----Account books liable to be reject- ed. Title--Proof- Presumption on basis of revenue entry--When arises. Limitation Act, 1963. Article 65--Adverse possession--Proof-Actual physical possession by claimant not necessary--Fact that property was in possession of tenants would be of no consequence. Indian Contract Act, 1872. Sections 182 and 188--Joint possession-Claim by agent--Agent actually collecting rent from tenants-Cannot claim joint possession of property. = Respondent No. 1 in the appeals instituted a suit for partition against his younger brothers and sisters, and the heirs of his deceased brothers. The plaintiff was the eldest among the brothers and sisters. The 1st and 2nd Defendants were his brothers, the 3rd Defendant his sister, the 4th and 5th Defendants, the widow and son respectively of the third brother. Defendant 6 was the widow of the fourth brother, and Defendants 7 to 12 were his children, while Defendant No. 14 was the wife of Defendant No. 1, and Defendants 13, 15, 16 and 17 were their children. The subject matter of the appeals related only to one item of property known as "Naroda Chawl" measuring 7 acres and 2 gunthas of land, where 115 rooms and huts stood con- structed, out of which 114 rooms had been let out to ten- ants, and one room was retained for the caretaker. According to Defendants No. 6 to 12 this property exclu- sively belonged to defendant No. 6 and was not liable to partition. The other defendants however supported the plain- tiff's case that it belonged to the 233 joint family and was liable to partition. Defendants 6 to 12 pleaded that the plaintiff's father- Bapalal orally gifted this property to his daughter-in-law Defendant No. 6 in March 1946 and made a statement before the Revenue authorities on . the basis of which her name was mutated and she was put in possession thereof, that although she came in peaceful possession, the management which in- cluded realisation of rent was in the hands of Defendant No. 1, that as some dispute arose in 1952 she assumed direct charge of the chawl and had remained in possession thereaf- ter, and that she had acquired good title therein by adverse possession before the suit was filed in 1960. The City Civil Judge who tried the suit, held that there was a joint Hindu family and a business was carried on for the benefit of the family and the income therefrom was thrown into the common pool and all the properties including the disputed chawl were treated as belonging to the family. As the case of Defendant No. 6 about the gift, the mutation of her name, and her exclusive possession from 1946 till the date of the suit was found correct, it was held that she had acquired title by adverse possession, and the suit was dismissed with respect to the disputed chawl. The plaintiff appealed to the High Court. Some of the defendants also filed appeals in respect of the other items of property. All these appeals were heard and disposed of by a common judgment. The High Court reversed the finding of adverse posses- sion in regard to the disputed chawl and granted a decree for partition. It held that Defendant No. 6 remained in exclusive possession of the property only since 1952, the period was thus short of the time required for prescription of title. It further held that since the rents of the chawl from 1952 were collected by her husband and after his death by her son (Defendant No. 7), she was liable to render accounts till the death of her husband, and she along with Defendant No. 7 would be jointly liable for the period thereafter. Separate Appeals were preferred by Defendant Nos. 6 and 7 to this Court. Allowing the Appeals, setting aside the decision of the High Court and restoring that of the Trial Court. 234 HELD: 1. The principle that revenue entry furnishes presumptive evidence of title is inapplicable in the instant case. It cannot be denied that title to Naroda Chawl could not have passed to Defendant No. 6 by virtue of the entry Ext. 247. The value of the chawl even in 1946 was large and no registered instrument of transfer was executed. Besides Ext. 247 describes the plaintiff's father (Bapalal) and Defendant No. 6 (Chandrakanta) as Kabjedar, that is occu- pant. In such circumstances, the presumption which can be raised in favour of Defendant No. 6 from this entry is with respect of her possession and possession only. [238F-G] Gangabai and others v. Fakirgowda Somaypagowda Desai and others, AIR 1930 Privy Council 93; and Desai Navinkant Kesarlal v. Prabhat Kabhai, 9 Gujarat Law Reporter 694, referred to. 2. The account books have to be rejected as not reli- able. It is apparent from the evidence that nobody takes the responsibility of supporting the correctness of the entries therein. Many of the documents produced by Defendant No. 1 were accepted, but the account books which were S. Nos. 123-75 to 123-97 of Ext. 123 were in express terms not admitted. The plaintiff filed his objection--Ext. 172. Defendant No. 6 also filed her objection--Ext. 275. The books were admitted in evidence and marked as exhibits on the statement of the plaintiff which he made in cross-exami- nation. The plaintiff by saying that he had written as per the instructions of Defendant No. 1 made it clear that he Could not vouchsafe for its reliability. Defendant No. 1 could not summon courage to support them either personally or through any witness. No reason has been suggested as to why he did not produce other important documents in his possession which could have supported the account books and the joint case of the parties resisting the appellant's claim. [243B-E] 3. Defendant No. 1 cannot be treated to be in joint possession as he was actually collecting the rents from the tenants. it is well settled that the possession of the agent is the possession of the principal and in view of the fidu- ciary relationship, Defendant No. 1 cannot be permitted to claim his own possession. [247D-E] David Lyeii v. John Lawson Kennedy, [1889] XIV H.L.(E) 437; Williams v. Pott, L.R. XII Equity Cases 149 and Secre- tary of State for India v. Krishnamoni Gupta, 29 Indian Appeals 104, referred to. 4(a). It is the intention to claim exclusive title which makes 235 possession adverse and this animus possidendi must be evi- denced and effectuated by the manner of occupancy which again depends upon the nature of the property. The manner of possession depends upon the kind of possession which the particular property is susceptible. That possession to the extent to which it is capable of demonstration must be hostile and exclusive and will cover only to the extent of the owner's possession. [246E-F] (b). The title to the chawl as owner, subject to the tenancy was an interest in immovable property so as to be covered by Article 144 of the Indian Limitation Act, 1908, which specifically mentioned, ".. . or any interest therein". [246E] In the instant case, the parties have been fighting for the rent from the chawl so long as it continued in posses- sion of the tenants. Before the gift of 1946 the Defendant No. 1 was collecting the rent and he continued to do so even thereafter till 1952. The appellant has, however, estab- lished her case that the Defendant No. 1 acted as her agent after 1946 and when he repudiated this agency in 1952 he was effectively removed from the management of the chawl. Since 1946 the tenants attorned to the Defendant No. 6 and paid rent to her under printed receipts announcing her ownership, but of course through her agent the Defendant No. 1. The fact that the tenants have been in actual physical posses- sion of the chawl is, in the circumstances, of no assistance to the respondents. What is material is that they paid the rent to the Defendant No. 6. Defendant No. 6 was in adverse possession from the period 1946 to 1952 through her agent Defendant No. 1 and thereafter through her husband and son Defendant No. 7 till 1960 when the suit was filed, the total period being more than 12 years. [246G-H; 248G] Uppalapati Veera Venkata Satyanarayanaraju and another v. Josyula Hanumayamma and another, [1963] 3 SCR 910 and Hari Prasad Agarwalla and another v. Abdul Haw and others, A.I.R. 1951 Patna 160, referred to. =1989 AIR 1269, 1989( 2 )SCR 232, 1989( 2 )SCC 630, 1989( 1 )SCALE802 , 1989( 4 )JT 115
wrote 1 year ago: PETITIONER: Image via Wikipedia SMT. CHANDRAKANTABEN ETC. Vs. RESPONDENT: VADILAL BAPALAL MODI & … more →
Indian Evidence Act, 1872-Chapter II-Sec. 45--Held, opinion of typewriter expert is admissible in evidence. Words and Phrases: "Science" "Handwriting"-Meaning of-In the context of opinion of typewriting expert-S.45 of Evidence Act. 1872. The respondent was tried in the Sessions Court, New Delhi for offences under Sections 302 IPC and Sections 3 and 4 of Explosive Sub-stances Act, 1908. When the prosecution wanted to examine a typewriter expert for proof of certain incriminating facts against the respondent based on the identity of a typewriter on which a material document was alleged to have been typed, an objection was taken to the admissibility of the opinion evidence of the typewriter expert under Section 45 of the Indian Evidence Act, 1872 based on the decision of the Supreme Court in Hanumant v. The State of Madhya Pradesh, AIR (19952) SC 343 = [1952] SCR 1091. The trial court upheld the objection. The Revision Petition before the High Court was also dismissed. The Appellants challenged the correctness of the findings in Hanumant's case and sought for reconsideration of the said judgment. =Allowing the appeal, this Court HELD : 1. The observations made in the decision in Hanumant's case on the basis of a concession does not reflect the correct position of law on this point and should, therefore, be treated as no longer good law on the point. The decision in Hanumant's case proceeds on the concession that the evidence of a typewriter expert is not admissible in evidence under Section 45 of the Evidence Act. The decision in Hanumant cannot be taken as deciding that point event though on the basis of that observation the evidence of typewriter expert was excluded as inadmissible. [567-E-F; 559- D-E] Hanumant v. Tlie State of M.P., AIR (1952) SC 343 = [1952] SCR 1091, overruled. 2. The opinion of the typewriter expert in the present case is admissible under Section 45 of the Evidence Act and the contrary view taken by the Trial Court and the High Court is erroneous. [567-F] 3. Irrespective of the view that the word "handwriting" in Section 45 includes typewriting the word "science" is wide enough to meet the requirement of treating the opinion of a typewriter expert as an opinion evidence coming within the ambit of Section 45 of the Evidence Act. [567-B] Statutory Interpretation by Francis Bennion, Second edition pp. 617 to 619; 'Question Documents, Second Edition, by Albert S. Osborn pg. 598; 'Photographic Evidence' by Charles C. Scott., Second Edition, Volume 1 pg. 636; 'Law of Disputed and Forged Documents', by J. Newton Baker pp. 451-453 and 'Typewriting Identification (Identification System for Questioned (Typewriting)' by Billy Prior Bates pg. 59, referred to. 4. The word "Science" occurring independently and in addition to the word "handwriting" in Section 45 of the Act of 1872, is sufficient to indicate that the opinion of a person specially skilled in the use of typewriters and having the scientific knowledge of typewriters would be an expert in this science and his opinion about the identity of typewriting for the purpose of identifying the particular typewriter on which the writing is typed is a relevant fact under Section 45 of the Evidence Act. [561-E-F] The Oxford Encyclopedic English Dictionary; the New Shorter Oxford English Dictionary, Vol. 2; Collins Dictionary of the English Language, referred to. CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 461 of 1987. =1996 AIR 1491, 1996( 2 )SCR 556, 1996( 2 )SCC 428, 1996( 2 )SCALE37 , 1996( 2 )JT 186
wrote 1 year ago: CASE NO.: Appeal (crl.) 461 of 1987 PETITIONER: STATE (THROUGH CBI/NEW DELHI) RESPONDENT: Image via … more →
Indian Evidence Act (1 of 1872), s. 112-Presumption of law-Conclusive proof of legitimacy-Birth during lawful wedlock. =The presumption under section 112 of the Indian Evidence Act is a conclusive presumption of law which can be displaced only by non-access between the parties to the marriage at a time when according to the ordinary course of nature the husband could have been the father of the child. Access and non-access connote existence and non- existence of opportunities for marital intercourse. Karapaya v. Mayandy referred to. Non-access can be proved by evidence direct or circumstantial though the proof of non-access must be clear and satisfactory as the presumption of legitimacy is highly favoured by law. The principle of English common law according to which neither a husband nor a wife is permitted to give evidence of non-access after marriage to bastardize a child born in lawful wedlock, does not apply to legitimacy proceedings in India as no such rule is to be found anywhere in the Indian Evidence Act and the old common law doctrine itself has been abrogated in England by the provisions of section 7 of the Matrimonial Cause Act, 1950. That by the evidence on the record the defendant No. 1 (husband) did not succeed in proving that there was no opportunity for intercourse between him and defendant No. 2 (his wife) at the time when the infant plaintiff was conceived and the High Court erred in holding that there was no opportunity for access between the parties at the material period.
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CENSUS ACT 1948
wrote 1 year ago: Image via Wikipedia CENSUS ACT 1948 THE CENSUS ACT, 1948 ACT NO. 37 OF 1948 1* [3rd September, 1948. … more →
No need for corroboration and conviction can be imposed on the sole statement of the victim - Supreme Court
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