Showing : 1-10 of 6031 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v)-- Offence u/s 3(2)(v) of the Act - Deceased belongs to `Khangar' caste and in a wordy altercation, accused is said to have called deceased by his caste name `Khangar' and attacked him with an axe - However, no evidence to show that offence was committed only on the ground that deceased was a member..........
KERALA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 148-- Dishonour of cheque - Appeal against conviction - Order to deposit more than 25% of the fine amount - Appellate Court is empowered to impose a minimum of 20% and maximum amount can go to any extent and it can go upto the fine/compensation amount, imposed by the judgment appealed against...........
KERALA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 148-- Dishonour of cheque - Appeal against conviction - Order to deposit a minimum of 20% of the fine/compensation - Provision is mandatory and not discretionary - Use of word `may' can only be taken to have the colour and meaning of `shall' and there is no scope for exercise of discretion...........
KERALA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 148-- Dishonour of cheque - Appeal against conviction - Order to deposit more than 25% of the fine amount - Accused in stringent financial condition - Petitioner directed to deposit 20% of the fine amount...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal trial-- Factum of an earlier conviction may be relevant for the purpose of sentence but cannot be a ground for conviction per se...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 386-- Appeal against conviction - Appeal preferred by accused - Non-representation for accused - When there was no representation for accused, High Court ought not to have disposed of case on merits - Once appeal against conviction is admitted, it is duty of appellate Court either to appoint an advocate..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 498A-- Cruelty - Any wilful conduct which is likely to drive the woman to commit suicide is sufficient for conviction u/s 498-A IPC...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 306-- Abetment of suicide - There should be clear mens rea to commit the offence for conviction u/s 306 IPC - It also requires an active act or direct act which led the deceased to commit suicide seeing no option and this act must have been intended to push the deceased into such a position that he/she..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 306-- Abetment of suicide - Conviction u/s 306 IPC is permissible even without a charge being framed in a case where accused is charged u/s 304-B IPC...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Acquittal by trial Court - Conviction by High Court - Order of acquittal rightly reversed as presumption was not taken into consideration - Moreover trial Court committed an error in placing heavy burden on the complainant to prove debt - Order of conviction, upheld...........

Showing : 1-10 of 6031 Results