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SUPREME COURT OF INDIA

Year of decision: 2023
Details

Indian Penal Code, 1860, Section 302, 325, 34 -- Murder - Common intention - Testimony of eye witnesses are of a very sterling quality - Accused were together and were in the company of main accused/A-3 and they acted in concert - They were carrying lathi and A-3 was moving with a musket - There was time available for the meeting of minds - Thus, existence of common..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2023
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - For the purpose of deciding an application for rejection of plaint, only averments made in the plaint are to be taken into consideration...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2023
Details

Court Fees Act, 1870, Section 7, Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court fee - Claim of damages of 10 crores - In a suit for damages, ad-valorem Court fee is payable on the amount of damages claimed - Order rejecting application for rejection of plaint, set aside - Matter remanded...........

GAUHATI HIGH COURT

Year of decision: 2023
Details

Protection of Children from Sexual Offences Act, 2012, Section 4 -- Offence u/s 4 of POCSO Act - Sole testimony of victim - Victim categorically stated in her statement u/s 164 Cr.P.C that neither accused nor any of his family member had assaulted her while she was with them - She has also not stated anything about subjecting her to sexual intercourse by accused when her..........

BOMBAY HIGH COURT

Year of decision: 2023
Details

Criminal Procedure Code, 1973, Section 439 -- Bail - Prolonged custody without trial or completion of trial amounts to infringement or violation of Art.21 of Constitution...........

BOMBAY HIGH COURT

Year of decision: 2023
Details

Criminal Procedure Code, 1973, Section 439, Prevention of Money Laundering Act, 2002, Section 3 -- Bail - Offence u/s 3 of PMLA - Petitioner is in custody for more than five years and eight months - Trial Court has not yet framed charge in the case and likelihood of completion of trial of petitioner in the case within reasonable time is very bleak - Maximum sentence..........

ALLAHABAD HIGH COURT

Year of decision: 2023
Details

Indian Penal Code, 1860, Section 307 -- Attempt to murder - Accused caused fire arm injury to injured as per prosecution case - However, prosecution failed to establish that it was a fire arm injury and injury has been caused by accused to injured, coupled with lack of forensic evidence - Recovery memo is also doubtful - Independent witness has denied prosecution story at..........

SUPREME COURT OF INDIA

Year of decision: 2023
Details

Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A -- Anticipatory bail - Grant of anticipatory bail on the condition that husband shall take wife to his house and maintain her with full dignity and honour as his lawful wife - Such condition should not have been imposed by High Court while granting anticipatory bail nor such could be a ground..........

ALLAHABAD HIGH COURT

Year of decision: 2023
Details

Civil Procedure Code, 1908, Section 96, Succession Act, 1925, Section 299 -- Probate proceedings - Interlocutory order passed in proceedings for grant of probate or Letters of Administration - Does not conclusively determines the rights of parties - Not a decree - Appeal thereagainst does not lie...........

ALLAHABAD HIGH COURT

Year of decision: 2023
Details

Civil Procedure Code, 1908, Section 96, Succession Act, 1925, Section 299 -- Probate proceedings - Rejection of application for deletion of issues - Not a decree - Appeal against such an order does not lie...........

Showing : 71-80 of 62581 Results