Showing : 81-90 of 274 Results

SUPREME COURT OF INDIA
Year of decision: 2012
Details
Evidence Act, 1872, Section 11-- Plea of Alibi - PW4 both in FIR and statement recorded u/s 161, made a similar statement that one other relative of his, whose name he did not know, had also come there - Being members of unlawful assembly, accused, along with others, had also inflicted injuries upon deceased, in furtherance of..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 302,149-- Murder - Nine accused committed murder of husband and wife - PW-4 and PW-5 were present at the time of incident - Prior animosity and clashes between two families has come on record - No challenge to vital facts - Son of deceased was also the eye-witness - No provocation on the part of deceased..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 141,149-- Unlawful assembly - Ingredients - (i) Offence must be committed by any member of unlawful assembly consisting of five or more members; and (ii) Such offence must be committed in prosecution of common object u/s 141 IPC of that assembly or such members of that assembly knew that it was likely to..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 438-- Anticipatory bail - Parameters to be considered while considering application for anticipatory bail:- (i) Nature and gravity of accusation and exact role of accused must be properly comprehended before arrest is made; (ii) Antecedents of applicant including fact as to whether accused has..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 302, 149-- Murder - Common object - Proof of - There was criminal litigation pending between deceased and accused `S' and `Y' - Other accused `A' is bother-i, law of these accused - All five accused were armed with deadly weapons - Accused `S', at the time of incident, exhorted other accused, "Kill him. He..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 149-- Common object - General allegations made against a large number of persons - Held, Court would categorically scrutinize evidence and hesitate to convict large number of person if evidence available on record is vague - It is obligatory on part of Court to examine that if offence committed is not..........
MADRAS HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 87-- Dishonour of cheque - Putting date on cheque - Whether a material alteration? - Held, generally, any material alteration of a negotiable instrument renders document void as against anyone who is a party thereto, at the time of making alteration and does not consent thereto, unless it is made in..........
DELHI HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 21, Rule 84,85-- Interpretation of statute - Factors to be taken into consideration - Held, a statute must be read reasonably - It must be construed having regard to its legislative intent - It has to be meaningful - It must fulfill the object and purport of the legislative intent - It is also a well settled..........
DELHI HIGH COURT
Year of decision: 2011
Details
Consumer Protection Act, 1986, Section 13(4), 13(5), Delhi Rent Control Act, 1958, Section 36-- Power of District Forum and Rent Controller - Except for provision of Section 13(iv) all other powers vested with the District Forum under the Consumer Protection Act and of the Controller under DRCA are common - Both the enactments are special enactments and operate for the purpose and object for..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 34, 149-- Distinction between the two provisions - Common intention denotes action in concert and necessarily postulates the existence of a pre arranged plan implying a prior meeting of minds, while common object does not necessarily require proof of prior meeting of minds or pre-concert - Though there is..........

Showing : 81-90 of 274 Results