Showing : 341-350 of 520 Results

BOMBAY HIGH COURT
Year of decision: 2009
Details
Drugs and Cosmetics Act, 1940, Section 27C, 34-- Sub standard drug - Offence by company - No categorical averment in the complaint that accused Directors were incharge and responsible for the conduct of business of the company at the time of commission of offence - Complaint against them liable to be quashed...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 304-- Conviction u/s 304 II read with S.149 IPC - Appellant secured a Doctorate degree and employed as a Senior Assistant Professor in the Department of Strategic and Regional Studies, University of Jammu - Conduct and attainment of appellant after his involvement in the offence justifies his release on..........
GAUHATI HIGH COURT
Year of decision: 2009
Details
Evidence Act, 1872, Section 3, 101-- Criminal trial - Conduct of - Held, in a criminal jurisprudence, case of prosecution should rest on its own strength and not in absence of explanation plausible defense by accused - While dealing with serious question of guilt or innocence of persons charged with crime, following general rules..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 248(2)-- Quantum of sentence - Factors illustrative in nature but not exhaustive are : (a) Motive or previous enmity; (b) Whether the incident had taken place on the spur of the moment; (c) The intention/knowledge of the accused while inflicting the blow or injury; (d) Whether the death ensued..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Prevention of Corruption Act, 1988, Section 7, 13(2)-- Illegal gratification - Trap laid - Recovery of Rs.800/- from open almirah - Accused merely a clerk taking plea that he being unable to help complainant as such there is no question of demand - Further, complainant himself was an accused u/s 420 and shadow witness was under suspension - Plea of..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Evidence Act, 1872, Section 3-- Appreciation of evidence of a witness - Court must not be swayed by the horror of crime or the character of the accused - Court should make dispassionate assessment of evidence - Best check on the veracity of a witness is the test of normal human behavior - If the behaviour of the witness is..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 438, 389-- Bail or suspension of sentence during pendency of appeal - (a) long pendency of trial or an appeal after conviction would be a consideration for grant of bail; (b) Delay in conclusion of trial is one of the considerations for grant of bail and in case accused is responsible for the delay then no..........
GAUHATI HIGH COURT
Year of decision: 2009
Details
Indian Penal Code, 1860, Section 498A-- Cruelty - Proof - Acts of cruelty are to be alleged and proved - It is not sufficient to merely say that the deceased was subjected to torture or cruelty - Specific acts of omission or commission by the offender has to be specifically proved - In absence of proof of such acts of omission or..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Indian Penal Code, 1860, Section 302-- Murder - Appeal against acquittal - Case based on circumstantial evidence - Some suspicion regarding the conduct of the accused at the time of occurrence - Same not conclusively proving and establishing that the accused has committed the murder - Unless and until the evidence adduced clearly and..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 248(2)-- Quantum of sentence - Illustrative factors are : (a) Motive or previous enmity; (b) Whether the incident had taken place on the spur of the moment; (c) The intention/knowledge of the accused while inflicting the blow or injury; (d) Whether the death ensued instantaneously or the victim died after..........

Showing : 341-350 of 520 Results