Showing : 321-330 of 570 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 498A, 306, Evidence Act, 1872, Section 113A-- Death otherwise than in normal circumstances within seven years of marriage at matrimonial home - Behaviour of accused with deceased remained indifferent and she was ill treated, tortured, humiliated and beaten up by accused at various occasions without any fault on her part - Conduct of accused..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Plea of accused that there is no averment as to how they are liable and that they are not responsible for the conduct of business - Contention has no merit as there are specific allegations in complaint - Held, these questions are a matter of proof which can be gone into..........
CHHATTISGARH HIGH COURT
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 420-- Cheating - Complainant is required to show fraudulent or dishonest intention of the accused at the time of making the promise i.e. since its inception and same can be judged by subsequent conduct, though subsequent conduct is not the sole test...........
MADRAS HIGH COURT
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 302-- Murder - Accused suspecting fidelity of deceased, attacked her indiscriminately by using an aruval - Accused was irked by conduct of deceased betraying him - There was quarrel between deceased and accused during night time when accused attacked deceased - Held, quarrel in night and confession..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 302, 306, 376-- Rape with murder - Death sentence - Accused did not felt remorse as two days later, he attempted a similar crime in the house of another woman where he was caught - Death sentence awarded to the accused confirmed - Held, subsequent conduct of the accused indicates that he is a menace to society..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Exemption from person appearance - It is discretion of Court to exempt an accused from personal appearance till such time his appearance is considered by the Court to be not necessary during the trial - While considering an application u/s 205 of the Code, Magistrate has to..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 84-- Unsoundness of mind - Burden of proof - Burden to prove is on accused - However, accused is not required to prove the same beyond all reasonable doubt but merely satisfy the preponderance of probabilities - Onus has to be discharged by producing evidence as to the conduct prior to the offence,..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 84-- Unsoundness of mind - Provision of S.84 of IPC will not come to the rescue of accused in case it is found that accused knew that what he was doing was wrong or that it was contrary to law - To ascertain this it is imperative to take into consideration the circumstances and the behaviour preceding,..........
KERALA HIGH COURT
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 376-- Rape - Unmarried mentally challenged lady - In medical examination report cause of injury to hymen recorded on basis of statement given by victim to doctor - Name of accused recorded in said report - Presumption u/s 114(e) Evidence Act is attracted - Non examination of prosecutrix who is..........
KERALA HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256(1), 255, 302-- Dishonour of cheque - Death of complaint - Legal heir permitted to conduct prosecution - Cannot be treated as complainant or a substitute for the complainant - In case legal heir of deceased complainant is absent, Court shall not acquit accused u/s 256(1) Cr.P.C. treating legal heir as complainant..........

Showing : 321-330 of 570 Results