Showing : 71-80 of 2831 Results

MADRAS HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 304(Part II), 324, 341, 147, 148, 149-- Offence u/ss 304(Part II), 324, 341, 147, 148, 149 IPC - Fifteen named accused and some unnamed accused were mentioned in complaint itself - However, no motive alleged in the complaint - No independent witnesses examined apart from injured witnesses to prove prosecution case - Even injured..........
GAUHATI HIGH COURT
Year of decision: 2018
Details
Protection of Children from Sexual Offences Act, 2012, Section 6, 29, 30-- Sexual assault on minor girl by her own father - Presumption of culpable mental state of accused - Testimony of victim is consistent, corroborated by other evidences - Having regard to relation of victim with accused, accused is under obligation to explain circumstances, but he failed to disclose..........
GAUHATI HIGH COURT
Year of decision: 2018
Details
Protection of Children from Sexual Offences Act, 2012, Section 6-- Sexual assault on minor girl by her own father - Testimony of victim girl - Accused allegedly taking advantage of absence of her wife after taking alcohol committed sexual assault upon his daughter/victim at night - On the next day of occurrence victim came to house of their neighbours where her..........
GAUHATI HIGH COURT
Year of decision: 2018
Details
Protection of Children from Sexual Offences Act, 2012, Section 6-- Sexual assault on minor girl by her own father - Victim was 11 years old girl at the time of incident - It was natural on the part of such a child to get afraid of such unexpected and tortuous act of her own father - Non-giving of resistance on the part of victim in such circumstances is of no..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Bihar Building (Lease, Rent and Eviction) Control Act, 1983, Section 7(4), 6, 5-- Payment of tax - Motor vehicles under possession of manufacturer or dealer - Manufacturer or dealer can impose tax in respect of motor vehicle in his possession during course of business, suitable for use on roads, which is within legislative competence of Entry 57 of State List of VII Schedule of..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Maharashtra Village Panchayats Act, 1958, Section 35(3), Maharashtra Gram Panchayat Rules, 1958, Rule 35(3B)-- No confidence motion - Motion to be determined by majority of not less than two third of total number of members entitled to sit and vote in meeting - Total 8 members - Two third comes to 5.33 - Cannot be rounded off to 5 - Fraction to be treated as one - Hence 5.33 votes to be read as 6 votes for..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Evidence Act, 1872, Section 9, Indian Penal Code, 1860, Section 302, 307, 149, 148-- Test Identification Parade (TIP) - Delay of 55 days in conducting TIP - Murder case - Prosecution did not take any effort to arrest or interrogate accused for 6 weeks despite their involvement was brought to light - No reasonable explanation given for inordinate delay of 55 days in conducting TIP..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Consumer Protection Act, 1986, Section 2(1)(b)(iv), 12(1)(c), 13, Civil Procedure Code, 1908, Order 1, Rule 8-- Numerous consumers having same interest - Complaint - Where there are numerous consumers having the same interest a complaint can be filed with permission of District Forum, on behalf of, or for the benefit of all consumers so interested - It is O.1.R.8 CPC which applies for taking permission of..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 302, 149, 147-- Murder - Role of A-5, A-6 and A-7 in commission of crime - Prosecution failed to prove beyond doubt that A-5 fired from his firearm, which missed as alleged - No evidence on record in the form of recovery of weapon or even missed bullet - A-5 thus, entitled to be acquitted on ground of benefit of..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 302, 149, 147-- Murder - Appeal against conviction - A-4 has not preferred any appeal against his conviction - However, since his case is similar to A-5, A-6 and A-7, by taking suo moto cognizance, A-4 is also entitled to acquittal on ground of benefit of doubt - A-4 acquitted...........

Showing : 71-80 of 2831 Results