Showing : 61-70 of 119 Results

SUPREME COURT OF INDIA
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106-- Right of private defence - Arises only if the apprehension is unexpected and one is taken unaware - If one enters into an inevitable danger with the fullest intimation before hand and goes there armed to fight out, the right cannot be claimed - This right is purely preventive and not punitive -..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 96, 97, 98, 99, 100, 101, 102, 103, 104, 105 106-- Right of private defence - Appellants armed with weapons came to field where complainant party was cultivating and attacked them - One of the members of complainant party died - Appellants were aggressive and they attacked the complainant party when they were totally unarmed - Right of private..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 96, 97, 98, 99, 100, 101, 102, 103, 104, 105 106-- Private defence - All the sections i.e. Ss.97 to 106 IPC have to be read together to ascertain whether accused are entitled to right of private defence in the facts and circumstances of the case - When all the sections are read together we get comprehensive view of the scope and limitation of that..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 96, 97, 98, 99, 100, 101, 102, 103, 104, 105 106-- Private defence - Can be used only to ward off unlawful force, to prevent unlawful force, to avoid unlawful detention and to escape from such detention...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 96, 97, 98, 99, 100, 101, 102, 103, 104, 105 106-- Right of private defence - Arises only if the apprehension is unexpected and one is taken unaware - If one enters into an inevitable danger with the fullest intimation before hand and goes there armed to fight out, the right cannot be claimed - This right is purely preventive and not punitive -..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 104, Passport Act, 1967, Section 10(3)-- Court can impound any document u/s 104 Cr.P.C. but it cannot impound a passport - Passport can be impounded u/s 10(3) of Passport Act - Passport Act is a special law while Cr.P.C. is general law - It is well settled that special law prevails over general law...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 102, 104-- Seizure and impounding - Seizure is made when a authority takes into its possession some property which was earlier not in his possession - If after seizure the said property is retained for some period of time then such a retention amounts to impounding of property/or document...........
UTTARAKHAND HIGH COURT
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106-- Right of private defence - Plea not taken before the trial Court - Such a suggestion also not given to PW's - Anything related to private defence not stated in examination u/s 313 Cr.P.C. - Appellants had failed to show that right of private defence had arisen to them...........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Indian Penal Code, 1860, Section 96, 97, 98, 99, 100, 101, 102, 103, 104, 105-- Private defence - Right of - Right commences, as soon as a reasonable apprehension of danger to the body arises from an attempt, or threat, or commit the offence, although the offence may not have been committed but not until there is that reasonable apprehension - The right lasts so long as the..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Indian Penal Code, 1860, Section 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, Criminal Procedure Code, 1973, Section 313-- Private defence - Plea not raised in statement u/s 313 Cr.P.C. - Plea of self defence is still available as accused cannot be expected to admit that he had inflicted the blow that killed the deceased...........

Showing : 61-70 of 119 Results