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Showing : 211-220 of 1715 Results

ALLAHABAD HIGH COURT

Year of decision: 2017
Details

Indian Penal Code, 1860, Section 302, 404, 411 -- Murder - All PWs except PW9 turned hostile - Even witness of recovery also not supported prosecution case - Even, testimony of PW9 is no testimony in eyes of law, as he was not subjected to cross-examine, thus, it cannot be taken into consideration to hold accused guilty of charges framed against him - Prosecution failed to..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Precedents -- Peculiar facts of each case are to be examined, considered and appreciated first, before applying any codified or judge made law thereto - Sometimes, difference of even one circumstance or additional fact can make the world of difference...........

CALCUTTA HIGH COURT

Year of decision: 2017
Details

Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Cruelty - Illicit affair of husband - Allegation that wife committed suicide due to illicit relationship of husband with his sister-in-law - However, sister-in-law of husband is residing separately - No neighbour of locality where parties residing came forward to say that there was ever any illicit..........

MADRAS HIGH COURT

Year of decision: 2017
Details

Indian Penal Code, 1860, Section 302, 341, 84 -- Murder - Plea of insanity - Burden to prove insanity is on accused and accused discharged the burden by producing evidence as to his behaviour at the time of occurrence and thereafter his continuous treatment in hospital - However, burden shifts on prosecution not discharged - Though eye witnesses proved that only accused..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Land Acquisition Act, 1894, Section 4, 6, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24, 114 -- Notification published u/s 4 of Old Act, 1894 in official Gazette but said notification was published in newspaper after commencement of new Land Acquisition Act, 2013 on 01.01.2014 - Said notification is..........

RAJASTHAN HIGH COURT

Year of decision: 2017
Details

Protection of Women From Domestic Violence Act, 2005, Section 12, 1822 -- Complaint - Marriage still subsisting between parties and no case of domestic violence made out as wife staying separately with her brother-in-law and after the demise of brother-in-law in year 2012 i.e after lapse of 16 years she has come up with case of domestic violence - As there is no domestic..........

RAJASTHAN HIGH COURT

Year of decision: 2017
Details

Indian Penal Code, 1860, Section 302, 379, 201, 34, Evidence Act, 1872, Section 114 -- Murder - Circumstantial evidence - Recovery of silver and gold ornaments - Recovery made after four months of incident and recovery witnesses not supported prosecution case - Thus, no question of identification made by PW3 - Trial Court convicted accused on basis of presumption drawn u/s..........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Civil Procedure Code, 1908, Section 100, Order 41, Rule 11, 31 -- Second appeal - If second appeal involves substantial question of law then such questions are required to be formulated - However, in case second appeal does not involve substantial question of law then appellate Court has to pass a reasoned order which is a mandatory requirement of law - Non compliance of..........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Civil Procedure Code, 1908, Section 100, Order 41, Rule 11, 31 -- Second appeal - High Court dismissed appeal in limine U.O.41.R.11 CPC - While deciding second appeal, High Court not satisfied requirements of either S.100 CPC and/or O.41.R.31 CPC - Impugned order of High Court legally unsustainable and same set aside - Case remanded to High Court for hearing of appeal..........

MADRAS HIGH COURT

Year of decision: 2017
Details

Civil suit -- As a general principle of law a plaintiff has to prove his case...........

Showing : 211-220 of 1715 Results