Overwriting - The Legal Chamber

The Supreme Court overturned the conviction, holding that the prosecution failed to prove the appellant's authorship of the alleged forgery beyond a reasonable doubt. The absence of expert evidence on handwriting, lack of proof of exclusive custody of the documents, and the failure to establish mens rea were fatal to the case. The court also noted prejudicial non-compliance with Section 313 CrPC. Facts Of The Case: The appellant, a student pursuing a Bachelor of Social Work, had failed her compulsory English paper in the 1998 summer session examinations, securing only 10 marks upon revaluation. To gain admission to the third-year course (BSW Part-III), she submitted her original mark-sheet and the revaluation notification to her college. The admission clerk and the principal verified the...

The Supreme Court ruled that the NCLT has wide jurisdiction under Sections 397 and 398 of the Companies Act, 1956, to adjudicate on allegations of fraud, oppression, and mismanagement when integral to the complaint. It upheld that acts violating the Articles of Association and statutory provisions, including invalid share transfers and board meetings, constitute oppression, empowering the Tribunal to grant comprehensive relief. Facts Of The Case: The case involves Mrs. Shailja Krishna, a majority shareholder holding over 98% of a private company, and her husband, Mr. Ved Krishna. In December 2010, during a strained marital relationship, Mrs. Krishna allegedly resigned from her directorship and executed a gift deed transferring her entire shareholding to her mother-in-law. She contended s...

Tag: Overwriting

Marksheet Tampering Case: Supreme Court Sets Aside Conviction, Criticizes Lack of Forensic Proof