Showing : 71-80 of 664 Results

RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 302, 304- - Nature of offence - Evidence on record implies that incident taken place as a result of sudden fight without premeditation and on spur of the moment - Accused caused fatal blow by lathi on head of deceased but by not repeating the lathi blow he has not taken any undue advantage of the situation -..........
ORISSA HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 304(Part II), Evidence Act, 1872, Section 3-- Offence u/s 304(Part II) IPC - Interested witnesses - Deceased died homicidal death proved from the evidence of doctor coupled with evidence of inquest witnesses - However, evidence of PW5, son of deceased was well shaken during cross-examination, thus cannot be relied upon - Evidence of PW6,..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106-- Murder - Circumstantial evidence - Last seen together - Time lag between the occurrence of death and when accused was last seen in company of deceased, is considerably large - When time-lag is considerably large, it would be safe for Court to look for corroboration - No corroboration forthcoming -..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 302, 449, Arms Act, 1959, Section 3, 25(1B)(a), Evidence Act, 1872, Section 3-- Appeal against conviction - Offence u/ss 302, 449 IPC and Ss.3, 25(1-B)(a) Arms Act - Appreciation of evidence - As per evidence on record, there is apparent contradictions and inconsistencies in statement of eye witnesses on material points - Even, their deposition is not in consonance with..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 302, 452, 147, 148, 149, 506, Evidence Act, 1872, Section 8-- Murder - Unlawful assembly - Circumstantial evidence - Motive - There was previous quarrel between accused no.4 and deceased and deceased slapped accused no.4 near a grocery shop in village, which is alleged to be motive for crime - However, prosecution not proved said fact by examining..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 366-- Abduction - Evidence on record shows that complainant and accused were in relationship which was known to their families also - Primary allegation is that accused took complainant forcibly to his house - But it was not with intent to seduce her to illicit intercourse - Statement of being molested..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Evidence Act, 1872, Section 115-- Promissory estoppel - Applicability - Service law - Appointment - Indian Police Service (IPS) - Decision not to fill up vacancies pursuant to selection process - All the candidates serving in State police or Central Police Organization or in Army - Their position has not been adversely affected by..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 302, 364, 379, 34, Evidence Act, 1872, Section 27, 26-- Murder - Circumstantial evidence - Disclosure statement - Recovery of material objects - None of witnesses identified camera or stated belongings of deceased - Said statements are inadmissible in spite of mandate contained in S.27 of the Act, as it not resulted in discovery of new fact - Material..........
KARNATAKA HIGH COURT
Year of decision: 2018
Details
Transfer of Property Act, 1882, Section 105-- Lease - Eviction suit - Tenant taken a plea that plaintiff is a foreign national and cannot hold property in India, thus eviction suit not maintainable - Plaintiff admitted that she was not Indian by birth but she acquired Indian citizenship in the year 1989 - No evidence produced by defendant to..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 27, Indian Penal Code, 1860, Section 394, 302, 411-- Disclosure statement - Robbery - Recovery of stolen article on the pointing of co-accused - No effort made by I.O to take any independent witness while making recovery - Recovery of stolen article not fulfill the mandatory requirement of S.27 of Evidence Act and same is thus, doubtful...........

Showing : 71-80 of 664 Results