Showing : 71-80 of 249 Results

ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 360, Probation of Offenders Act, 1958, Section 4, General Clauses Act, 1897, Section 8-- Benefit of probation - Applicability of two Statues - Scope of S.4 of 1958 Act is wider than S.360 Cr.P.C. - Two statues with significant differences cannot be intended to co-exist at the same time in same area - Such co-existence would lead to anomalous results - However, by virtue of S.8(1) of..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4-- Dowry death - Cruelty - Demand of dowry - General allegations without any date and time of incident of demand of dowry - There is absolutely no material to connect accused with demand of dowry, cruelty, harassment to constitute the alleged offence - Statement of PWs no.1 & 2 are self contradictory..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 302, 304-- Nature of offence - Deceased died due to homicidal injuries caused by accused persons - Evidence on record that act committed by accused was without intention of murder, without use of any formal weapon and without any pre-planning - Accused willfully caused injuries to deceased without properly..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 377-- Unnatural offence - Quantum of sentence - Accused about 22 years of age and suffered agony of trial and pendency of proceedings for a long time - No criminal history of accused is on record - No useful purpose would be served in keeping the accused in imprisonment for long period of 7 years -..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 190-- Cognizance of offence - Detailed and speaking order is not required to be passed at the time of taking cognizance u/s 190(1)(b) Cr.P.C. - However, a detailed and speaking order is required to be passed while taking cognizance u/s 190(1)(a) Cr.P.C...........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Will -- Proof - Affidavits of marginal witnesses - Ex parte evidence of witnesses can be by way of affidavit as per O.19.R.1 CPC (As applicable in U.P.) - Requirement of Will being proved stood discharged - Since defendant failed to challenge the same, Will, held, proved. (Civil Procedure Code, 1908,..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Protection of Women From Domestic Violence Act, 2005, Section 12(1)-- Application u/s 12(1) of Act - Divorced wife - Maintainability - A divorced wife who has been subjected to domestic violence during continuation of marriage or domestic relationship may move an application u/s 12(1) of Act for appropriate relief - Application, held, maintainable...........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 323, 307, 34-- Voluntarily causing hurt - Attempt to murder - Accused fired shot at injured and assaulted him with lathi and danda - Presence of injured at the place of incident cannot be doubted - Injuries sustained by injured were simple in nature - No internal damage was caused to injured nor injuries were..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21(c)-- Recovery of 1 kg heroin - Accused contended that there are contradictions in respect of recovered material being cocaine or heroin - Contention rejected as at the time of search packet recovered from bag of accused was bearing a label of cocaine and upon chemical examination recovered material..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21(c)-- Recovery of 1 kg heroin - Defence pleaded that contraband was not recovered from accused and the same was falsely planted on him - Plea rejected as such a huge commercial quantity of 1 kg. heroin worth Rs.6 Crores may not be falsely planted by police in order to show alleged good work, for which a..........

Showing : 71-80 of 249 Results