Showing : 301-310 of 909 Results

SUPREME COURT OF INDIA
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 304-B, 498-A-- Dowry death and cruelty - Ingredients of offence u/ss 304-B and 498-A IPC satisfied - Onus shifts on accused to prove as to how deceased died - Mere denial and maintaining silence cannot be equated to discharge of onus by accused...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 304-B-- Dowry death - Ingredients of the provision are : (1) the death of a woman should be caused by burns or fatal injury or otherwise than under normal circumstances; (2) such death should have occurred within seven years of her marriage; (3) she must have been subjected to cruelty or harassment by her..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 304-B-- Dowry death - `Soon before death' - Reasonable time is the best criteria to be applied for appreciation and examination of such cases - In other words, there should be a reasonable, if not direct, nexus between her death and dowry related cruelty or harassment inflicted on her...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 304, 279-- Rash and negligent driving - Culpability - Even when one is driving vehicle at slow speed but recklessly and negligently - It would amount to `rash and negligent driving' u/s 279 IPC...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 304-B, Dowry Prohibition Act, 1961, Section 2, 4-- Dowry death - Husband demanded specific sum from his father-i, law - When not given, harassed and tortured his wife - Wife died after some days - Case would clearly fall within definition of "dowry" under the Act of 1961 and S.304-B IPC...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 304A, Evidence Act, 1872, Section 9-- Accident case - Court Identification - Instead of test identification parade - Propriety - Not a case where accused is shown to witnesses prior to his being identified in Court - Held, Court identification itself is good identification in the eyes of law - It is not always necessary that it must..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 304, 279, Evidence Act, 1872, Section 106-- Road accident case - Doctrine of res ipsa loquitor - Applicability in criminal cases - Held, it is equally extended to criminal cases of accident and not merely to civil jurisprudence provided attendant circumstances and basic facts are proved...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 304, 279, Evidence Act, 1872, Section 106-- Road accident case - Doctrine of res ipsa loquitor - Applicability - Doctrine comes to aid at subsequent stage where it is not clear as to how and due to whose negligence accident occurred - Court with aid of proper evidence may take assistance of attendant circumstances and apply doctrine of res..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 304A-- Negligence - Meaning of - (I) It means omission to do something which reasonable and prudent person guided by similar considerations would not do; (II) It is not absolute term but is relative one and rather a comparative term; (III) It is difficult to state with precision any mathematically exact..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 304A, Evidence Act, 1872, Section 3-- Rash and negligent driving - Conduct of driver - Relevant factor - After accident, bus driver moved the bus away to different point - Held, if accused was innocent then he would have left vehicle at the place of accident to show that he was on his proper side for driving and jeep trying to..........

Showing : 301-310 of 909 Results