IPC

criminal breach of trust and cheating
Case BriefsSupreme Court

“For cheating, criminal intention is necessary at the time of making a false or misleading representation i.e., since inception. In criminal breach of trust, mere proof of entrustment is sufficient. Thus, in case of criminal breach of trust, the offender is lawfully entrusted with the property, and he dishonestly misappropriated the same. Whereas, in cheating, the offender fraudulently or dishonestly induces a person by deceiving him to deliver any property.”

related eyewitness
Cases ReportedNever Reported Judgments

This report covers the Supreme Court’s Never Reported Judgment, on related eyewitness, dating back to the year 1953.

Calcutta High Court
Case BriefsHigh Courts

To constitute an offence under Section 306 of the Penal Code, there should be instances of abetment under Section 107.

Delhi High Court
Case BriefsHigh Courts

The word ‘he’ in Section 3 of the POCSO Act could not be given a restrictive meaning to say that it referred only to a ‘male’.

Bombay High Court
Case BriefsHigh Courts

“The promise of marriage must have been a false promise, given in bad faith and with no intention of being adhered to at the time it was given”- Supreme Court in Pramod Suryabhan Pawar v. State of Maharashtra, (2019) 9 SCC 608

Bombay High Court
Case BriefsHigh Courts

“Now-a-days people have become more sensitive about their religions may be than before and everybody wants to impress as to how his religion/God is supreme. Everybody should respect the religion, caste, creed etc. of another. But at the same time, if the person says that his religion is supreme, then the other person may not immediately react. There are ways and means to react on such sensitive issues.”

Delhi High Court
Case BriefsHigh Courts

The SIM card purchased by the co-accused after the alleged murder was used to misguide the investigation of the case and the family members of the deceased girl.

Bombay High Court
Case BriefsHigh Courts

The complainant was adult enough to know that the law forbids a second marriage and there was no allegation in the complaint that applicant promised to divorce his first wife and then marry her.

Bombay High Court
Case BriefsHigh Courts

The instant FIR was nothing, but a shot fired by the husband from his wife’s shoulders to espouse his own interest in the father’s property.

Calcutta High Court
Case BriefsHigh Courts

It was said that since all sub-sections of Section 354A of IPC start with the words ‘a man’, a female accused would not be covered under this Section.

Jammu and Kashmir and Ladakh High Court
Case BriefsHigh Courts

This was a case where the act of defamation took place in Jaipur, where certain allegations regarding the respondent’s association with Hizbul Mujahiddin were levelled by the counsel for the petitioner.

Bombay High Court
Case BriefsHigh Courts

The Court noted that Section 90 of IPC does not define the term “consent”, but the law does not see “consent derived from a fear of injury and misconception of fact” as consent.

fake representation as Supreme Court lawyer
Case BriefsDistrict Court

The Court stated that the accused had not only cheated the public at large but also attempted to disrespect the noble legal profession.

Bombay High Court
Case BriefsHigh Courts

No other specific overt act is attributed to petitioners to attract the offences punishable under Sections 294, 114 read with Section 34 of Penal Code, 1860 against them.

Delhi High Court
Case BriefsHigh Courts

The Court opined that since the petition was filed after 01-07-2024, it ought to have been filed under the Bharatiya Nagarik Suraksha Sanhita, 2023.

Bombay High Court
Case BriefsHigh Courts

The Court referred to Jolly George Varghese v. Bank of Cochin, (1980) 2 SCC 360 quoting Justice V.R. Krishna Iyer that “to be poor, in this land of Daridranayan, is no crime, and to recover debts by the procedure of putting one in prison is too flagrantly violative of Article 21 unless there is proof of the minimal fairness of his wilful failure to pay in spite of his sufficient means”.

Bombay High Court
Case BriefsHigh Courts

The Court opined that the applicant has a bright future and is apprehensive of the stigma of conviction that may ruin his future, therefore, it was expedient to release him on probation under the Section 4 benefit

Kerala High Court
Case BriefsHigh Courts

“The Parliament, after considering a spate of reports highlighting the flourishing human organ trade in India and the consequential exploitation of the economically vulnerable segments of the society through organ removal, and illegal transplants, for prohibiting the unethical practice, enacted the Transplantation of Human Organs and Tissues Act, 1994”

Sikkim High Court
Case BriefsHigh Courts

The impugned judgment of the Sessions Court had observed that if a court finds that the testimony of a prosecutrix inspires the confidence of the court and is found reliable and trustworthy, then the court can rely on her sole testimony for convicting the accused and need not look for corroboration of her testimony elsewhere.

Delhi High Court
Case BriefsHigh Courts

The Delhi High Court opined that true justice, and the ends of justice would not be served by quashing the FIR without a trial, but by conducting a trial to fairly ascertain the real culprit, whether it be the accused or the complainant.