Showing : 3081-3090 of 12546 Results

SUPREME COURT OF INDIA
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 307-- Attempt to murder - In order to attract S.307 IPC, injury need not be on the vital part of body...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 307-- Attempt to murder - Non framing of charge - Several accused persons attacked injured with deadly weapons - It is reasonable to presume that they had knowledge or intention that such an attack would result in death - Moreover, open declaration by accused that a person would be killed indicates his..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Substantial question of law - Formulation of - Held, substantial question of law can be formulated at initial stage and in some exceptional cases at later point of time - Even at the time of argument stage such substantial question of law can be formulated provided opposite party..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 114A-- Rape - Conviction - Validity - Accused alleged to have forcibly caught hold of prosecutrix and committed rape on her - Prosecutrix attempted suicide by consuming poison due to trauma of rape after 22 days from date of incident - Version of prosecutrix supported by circumstantial evidence cannot be..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Failure to frame substantial question of law - Held, High Court has committed a grave error in procedure by not framing substantial question of law and setting aside judgment and decree of first appellate Court - Finding of fact recorded by first appellate Court on contentious..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 302-- Murder - Conviction - Validity - Mob of around 50 persons attacked deceased in dark night - Some of them hurled bombs at witnesses - Attack must have resulted in smoke and dust rising in air - Held, in dark of night, it would not be possible for prosecution witnesses to identify assailants out of..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 378-- Acquittal - Interference with - Held, if two reasonable views are possible, appellate Court shall not disturb order of acquittal because it feels that some other view is possible - Reasonable view which reinforces presumption of innocence of accused must be preferred...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 262, 263, 264, 265-- Dishonour of cheque - Summary trial - It is summary trial procedure which applies to dishonour of cheque cases - However, in the course of a summary trial, if it appears to the Magistrate that the nature of the case requires passing of sentence of imprisonment exceeding one year, Magistrate after..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 41, Rule 17(1), 21-- Decree of trial Court - Appeal against - Procedure to be adopted while taking up appeal for hearing - Held, appeal can be heard on merits if respondent fails to appear - Respondent has remedy U.O.41.R.21 CPC to move an application for re-hearing of appeal by demonstrating sufficient cause for no,..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Burden of proof - If proviso (a), (b) & (c) of S.138 of the Act are shown to have been complied with, technically the commission of offence stands completed and it is for accused to show that no offence could have been committed by him for specific reasons and defences...........

Showing : 3081-3090 of 12546 Results