The Hon’ble Apex Court has observed that, mere recovery of the currency note and positive result of the phenolphthalein test not enough in the peculiar circumstances of the case, to establish guilt of the appellant on the basis of perfunctory nature of materials and prevaricating type of evidence. That the Charge must be proved beyond reasonable doubt.
Section 18A - SC/ST Act, 1989 - Constitutional Validity - The Apex Court, observed that provisions of Section 438 Cr.PC shall not apply to the cases under Act. However, if the complaint does not make out a prima facie case for applicability of the provisions of the Act of 1989, Read more »
Anup Koushik Karavadi and Kanishk Tiwari Introduction The Supreme Court’s judgment in Sankar Padam Thapa v. Vijaykumar Dineshchandra Agarwal (2025 INSC 1210) has conclusively addressed a long-standing ambiguity at the intersection of the Negotiable Instruments Act, 1881 and the Indian Trusts Act, 1882. The Court was called upon to decide Read more »
The court discusses the distinction between section 34 and 149 of IPC. Common object does not necessarily require proof of a prior meeting of minds or pre-consort, whereas common intention suggests activity in concert and presupposes the existence of a prepared plan, implying a prior meeting of minds. However, both Read more »
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