Showing : 61-70 of 612 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 380, 381, 457, 411, Evidence Act, 1872, Section 25-- Quashing of FIR - Theft - Confession of co-accused - Petitioner named by co-accused in his disclosure statement - No recovery has been effected from petitioner - Even otherwise, confession made by accused in police custody is inadmissible in evidence in view of S.25 of Evidence Act - More so,..........
UTTARAKHAND HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 113B-- Dowry death - Cruelty - Deceased committed suicide by hanging herself on a tree after 3 years of her marriage - However, general allegations levelled by witnesses regarding demand of dowry and cruelty, which is not supported by medical evidence - Allegation of demand of dowry and harassment of..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 497-- Adultery - Complainant did not pertinently allege that accused were actually indulging in sexual intercourse but then fact that they were seen by complainant on the terrace of his house at 3.30 am in a semi nude compromising position definitely gives rise to a strong suspicion that they must..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106-- Murder of wife by husband - Burden of proof - When incident took place, deceased and accused were alone in room and after incident accused continued to stay in room - Trial Court perfectly justified in invoking presumption u/s 106 of Evidence Act against accused which provides that when any facts..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Evidence Act, 1872, Section 106, Indian Penal Code, 1860, Section 302-- Burden of prove - Murder case - Death occurred in matrimonial home of deceased - Heavy burden is on accused u/s 106 of Evidence Act, to explain as to under what circumstances deceased died an unnatural death in his house - Accused failed to explain the same - Plea of alibi as raised by accused..........
DELHI HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 498A, 304B, Evidence Act, 1872, Section 113B-- Cruelty - Dowry death - In order to establish offence u/s 304-B IPC, presumption u/s 113-B of Evidence Act cannot be raised against accused until independently offence u/s 498-A IPC is proved by leading evidence of specific allegation with regard to time and date of such demand and cruelty and..........
GAUHATI HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 192, 193, 194, 199, 211-- Quashing of proceedings - Offence u/ss 192, 193, 194, 199, 211 IPC - In the instant case, Court convicted son and acquitted wife for murder of deceased - Aggrieved by decision sister of deceased fabricated false evidence against wife of deceased to deceive her - Sister of deceased has done said..........
DELHI HIGH COURT
Year of decision: 2017
Details
Indian Contract Act, 1872, Section 73, 74-- Breach of contract - Damages - Suit for recovery - As per admitted facts on record defendant neither as per its written statement nor as per its evidence led, ever pleaded and proved that any loss has been caused to defendant on account of failure by plaintiff to take dealership of defendant -..........
DELHI HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 218, 417, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Evidence Act, 1872, Section 3-- Offence u/ss 218, 417 IPC and Ss.12(2), 13(1)(d) PC Act - Appreciation of evidence - Evidence on the record unable to prove the alleged offence - Evidence which could be produced, withheld by the prosecution - Necessary ingredients to attract such offence not proved on record - Conviction set..........
ORISSA HIGH COURT
Year of decision: 2017
Details
Prevention of Corruption Act, 1947, Section 5(1)(c), Indian Penal Code, 1860, Section 467, 471, 477A-- Abuse of official position with intention of availing pecuniary benefits - Accused misappropriated Government money by making false documents and by making false payment to labourers by forged LTI's - However, prosecution failed to establish that accused abused their official position with..........

Showing : 61-70 of 612 Results