Case Law

 

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Article Re: Case Law and Wills

Dear friends, A person prepared a forged will and used the same in the civil injunction suit. U/sec 420 ,467,468 F.I.R. is lodged. The Offenders are charge sheeted. The U.S. High court declined to quash the charge sheet. Now SLP is before the Apex court on the grounds that a criminal proceeding should not go on. I have placed a statement that because the offence has been committed out of court and prior to institution of the legal suit; and in criminal proceedings it is to be determined whether the offence has been committed or not - and the criminal proceeding must go on, on the basis of the decision delivered by the three justice bench of the US Supreme Court. Do any of my learned legal friends possess any knowledge of a precedent constitutional bench decision on this point? Kindly assist me if you have any such knowledge of jurisprudence and case law precedent that would guide The Court in this. With great honour UR'S A.K. Advocate and solicitor just out of law degree training and a lawyer acting in the above civil suit. The alleged offender plans to plead guilty before the court and is remorseful for his crime. Is it a felony or a misdemeanour? Well I can counsel you in the fact that as advocate I realize that this is a serious crime and felony punishable by a term of imprisonment as the person stood to gain a pecuniary advantage from forging the said will and presenting it in the civil court proceedings as evidence. Such is case law.

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