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Dispute Not Entirely Civil
Although the matter stemmed from a loan transaction, the allegations of misappropriation and fraud are criminal in nature and cannot be dismissed as a mere civil dispute.

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High Court erred in holding that surety must be liable for entire amount or not at all. Such a view is contrary to Section 133 which permits discharge of the surety only in respect of transactions after the variation.

The name of PW-12 (claimed eyewitness) was not mentioned in the FIR, though he was a close relative of the deceased and his father’s hut was the alleged starting point. This omission raised serious doubt about his presence.

Though there was no direct evidence of trespass into the quarter of Mr. Jhan Mohammed, his presence at the colony and the civilian reaction showed unwarranted activity.

legal help legal help to the poor who could not afford to contest cases before high courts and supreme court of india

No Caste-Based Allegations Initially: The first FIR had no mention of caste-based discrimination, yet the second FIR included it after a long delay. The Court found this an afterthought and fabrication.

Brutality of the Crime – The appellant killed five persons, including three minor children, in a “barbaric, diabolical and dastardly manner.” The Trial Court considered this as an instance of “rarest of the rare” crime.

Though there was no direct evidence of trespass into the quarter of Mr. Jhan Mohammed, his presence at the colony and the civilian reaction showed unwarranted activity.

INDIANLEGALREPORTER.IN

HOME

ABOUTUS

LEGALNEWS

HEADNOTES

PRACTICLE TRAINING TO JUNIOR ADVOCATES WHO WANT TO START PRACTICE WIHTOUT SENIOR

Dispute Not Entirely Civil Although the matter stemmed from a loan transaction, the allegations of misappropriation and fraud are criminal in nature and cannot be dismissed as a mere civil dispute.

LEGAL ARTICLES WELCOME SEND YOUR ARTICLES TO

High Court erred in holding that surety must be liable for entire amount or not at all. Such a view is contrary to Section 133 which permits discharge of the surety only in respect of transactions after the variation.

The name of PW-12 (claimed eyewitness) was not mentioned in the FIR, though he was a close relative of the deceased and his father’s hut was the alleged starting point. This omission raised serious doubt about his presence.

Though there was no direct evidence of trespass into the quarter of Mr. Jhan Mohammed, his presence at the colony and the civilian reaction showed unwarranted activity.

legal help legal help to the poor who could not afford to contest cases before high courts and supreme court of india

No Caste-Based Allegations Initially: The first FIR had no mention of caste-based discrimination, yet the second FIR included it after a long delay. The Court found this an afterthought and fabrication.

Brutality of the Crime – The appellant killed five persons, including three minor children, in a “barbaric, diabolical and dastardly manner.” The Trial Court considered this as an instance of “rarest of the rare” crime.

Though there was no direct evidence of trespass into the quarter of Mr. Jhan Mohammed, his presence at the colony and the civilian reaction showed unwarranted activity.

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