Well-Founded Material Evidence, Not Mere Suspicion or Association, Required to Prove Criminal Conspiracy

Posted inCode of Criminal Procedures (CrPC)No Comments
In State of Kerala v. P. Sugathan & Anr. [AIR 2000 SC 3323] Supreme Court of India underscored the need for strict material evidence for proving criminal conspiracy under Section 120B of the Indian Penal Code. It ruled that an agreement is the core of conspiracy, requiring clear, physical manifestation rather than mere suspicion.

Proving the Signature of the Testator and Its Attestation Not Sufficient to Prove the Will When Suspicious Circumstances Exist

Posted inWill & Related MattersNo Comments
Proof of a will is not just proving the signature of the testator on the Will and its attestation in terms of Section 63 of the Indian Succession Act; rather it is an exercise to satisfy the Court's conscience that the testator had signed the Will with free will being aware of its contents and after understanding the nature and effect of the dispositions in the Will, observed the Supreme Court in Sardari Lal v. Bishan Dass & Ors [2026 INSC 669].

Prior Sanction Not Needed in Cases Relating to Misappropriation of Funds

Posted inPrevention of Corruption ActNo Comments
Prior Sanction under Section 17A of the Prevention of Corruption Act, 1988 is required only where the alleged offence is relatable to any recommendation made or any decision taken, by the public servant in discharge of official functions or duties and in all other cases, prior approval is not required, observed Kerala High court in Mini M. v. State of Kerala and Another [2026:KER:36757].

Simultaneous Civil and Criminal Proceedings May Continue in Respect of the Same Cheque Transaction

Posted inNegotiable Instruments Act
In Vishnu Dutt Sharma v. Daya Sapra [(2009) 13 SCC 729], held that there is no legal bar to the simultaneous continuation of civil and criminal proceedings arising out of the same cheque transaction or cause of action. The pendency of one proceeding does not preclude or affect the maintainability of the other, as both remedies are distinct in their nature, scope, and object.

Probate Becomes Optional Following the 2025 Amendment to the Indian Succession Act

Posted inWill & Related Matters
With the omission of Section 213 of the Indian Succession Act, 1925, and consequential amendments to related provisions, beneficiaries and executors are no longer required to obtain probate merely to establish their rights or transfer assets under a valid will in the erstwhile Presidency Towns of Mumbai, Chennai and Kolkata, where probate had historically been mandatory. Even uncontested wills often required probate proceedings before immovable property could be transferred or financial assets released.