Criminal
NIA S. 138 – Object & Purpose
Para 3. The Act was enacted and Section 138 thereof incorporated with a specified object of making a special provision...
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NIA S. 138 – Object & Purpose – Amendment
The Negotiable Instruments Act was amended by the Banking, Public Financial Institutions and Negotiable Instruments Laws (Amendment) Act 1988 wherein...
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NIA S. 138 – Object & Purpose – Undoubtedly, dishonour of a cheque by the bank causes incalculable loss, injury and inconvenience to the payee and the entire credibility of the business transactions within and outside the country suffers a serious setback.
The object and the ingredients under the provisions, in particular, Sections 138 and 139 of the Act cannot be ignored....
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NIA S. 138 – Object & Purpose
The object of bringing Section 138 on statute appears to be to inculcate faith in the efficacy of banking operations...
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NIA S. 138 – Object & Purpose
Object & Purpose: The object of this amendment Act is:, 1. To regulate the growing business, trade, commerce and Industrial...
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Words – “and” is used as conjunction – The use of word “or” is clearly distinctive
Interpretation - Words - “and”, “or” - The word “and” is used as conjunction - The use of word “or”...
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IPC S. 364A – Not Guilty
Indian Penal Code, 1860, Section 364A - Condition No.2, second part - i.e., “or by his conduct gives rise to...
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IPC, 364A – Essential ingredients
Indian Penal Code, 1860, Section 364A - Essential ingredients to convict an accused under Section 364A which are required to...
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IPC S. 364A – Condition, i.e., “and threatens to cause death or hurt to such person” also needs to be proved
Indian Penal Code, 1860, Section 364A - Section 364A uses the word “or” nine times and the whole section contains...
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Kidnapping – No ratio has been laid down in paragraph 92 that when an eight year old child (or a child of a tender age) is kidnapped/abducted for ransom there is inherent threat to cause death
In the case, an eight year old son of Doctor Mukesh Ramanlal Chandak (PW1) was kidnapped by the accused A1...
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Section 364-A IPC has three distinct components
Court elaborately considered the scope and purport of Section 364A including the historical background. After noticing the earlier cases, this...
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IPC S. 364A – Three stages in the Section
The victims were abducted from district of Lucknow, State of U.P. demands for ransom and threat was extended from another...
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IPC, S. 364A – Conviction set aside
Suman Sood and her husband Daya Singh Lahoria were accused in the case of abduction. They were tried for offence...
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Ingredients for obtaining a conviction for commission of an offence under Section 364-A, IPC
Anil alias Raju Namdev Patil Vs. Administration of Daman & Diu, Daman and Another, (2006) 13 SCC 36. Court noticed...
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IPC, S. 364A – argument was raised that demand of ransom has not been established
A case where kidnapping of a major boy was made by the accused for ransom and before the Court argument...
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