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october 1961

Supreme Court of India · 1961-10-05

8SUVVARI SANYASI APPARAO AND ANR. vs BODDEPALLI LAKSHMINARAYANA ANDANR.

Citation / case number
SC 1961/277
Court
Supreme Court of India
Petitioner
8SUVVARI SANYASI APPARAO AND ANR.
Respondent
BODDEPALLI LAKSHMINARAYANA ANDANR.
Author
M. HIDAYATULLAH
Bench
M. HIDAYATULLAH

Judgment text excerpt

The Supreme Court held that a bonafide claim of right can serve as a valid defense against a charge of theft under Section 380 IPC. The Court found that the evidence suggested a transfer of the printing press from R to N, and that the appellants had taken possession under a bonafide claim of right. The High Court's conviction was overturned, establishing that an act does not constitute theft if there is an appearance or color of legal right, leading to the acquittal of the appellants.

8SUVVARI SANYASI APPARAO AND ANR. vs BODDEPALLI LAKSHMINARAYANA ANDANR. · Niyam