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Supreme Court of India 2024-01-31

BHARAT SHER SINGH KALSIA vs STATE OF BIHAR & ANR

Bench: 2 — Vikram Nath, Ahsanuddin Amanullah

In Brief

This case involved a criminal prosecution against a land purchaser under sections dealing with forgery and fraud. The purchaser had bought land from a Power of Attorney holder. The land owners claimed the PoA holder had no authority to sell. The Supreme Court upheld the purchaser's challenge, holding that the PoA clauses authorized the sale and the courts at Buxar lacked jurisdiction. Crucially, a prior civil suit at Dehradun had upheld the sale's validity. The Court found the purchaser had no criminal liability, as the dispute concerned civil rights among co-sharers, not criminal wrongdoing. The FIR was quashed.

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Criminal Procedure Power of Attorney Fraud and Forgery Territorial Jurisdiction Civil and Criminal Law Interface Contract Interpretation

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