Showing : 21-30 of 13496 Results

KERALA HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 447-- Criminal trespass - In order to attract offence u/s 447 IPC, property entered into by accused must be in possession of another person...........
KERALA HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 447-- Criminal trespass - Possession of petitioner over property in question stood recognized by orders/decrees passed by civil Courts concerned, on the date of commission of offences alleged - In such circumstances, even if allegation against petitioner that she entered into property is accepted as..........
KERALA HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 427-- Mischief - If accused was asserting his bona fide claim of right over property, there cannot by an offence of mischief as defined u/s 425 IPC - True test in such case is whether accused acted out of malice or in assertion of bona fide claim of right over property...........
KERALA HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 427-- Mischief - Right of petitioner and her daughter over property in question, as on date of commission of acts alleged, stood recognized and declared by civil Courts concerned - Therefore, it cannot be found that petitioner had intention to cause wrongful loss or damage to any person by cutting tree..........
KERALA HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 376, 90, Criminal Procedure Code, 1973, Section 482-- Quashing of proceedings - Rape - Consent - False promise to marry - Subsequent marriage between parties - Does not constitute compromise or settlement between accused and victim, rather it amounts to fulfillment of promise made by accused to prosecutrix - However, said fact can be taken into..........
KERALA HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 376-- Rape - Accused not made promise with sole intention to seduce prosecutrix to indulge in sexual acts - Such act of accused would not amount to rape...........
KERALA HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 376, 90-- Rape - Consent - Acknowledged consensual physical relationship between parties - Does not constitute offence u/s 376 IPC...........
KERALA HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 90, 376-- Rape - Consent - Given by prosecutrix to sexual intercourse with person with whom she is deeply in love, on promise that he would marry her on later date - Consent cannot be said to be given under misconception of fact...........
KERALA HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 376, 90, Criminal Procedure Code, 1973, Section 482-- Quashing of proceedings - Rape - Consent - False promise to marry - It is evident that accused has no fraudulent intention in making the promise as accused married the victim within a short period after the incident - Rather, in such circumstances what occurred was only acknowledged consensual..........
KERALA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376-- Quashing of proceedings - Rape - Accused marrying complainant - Grave and serious offences as one u/s 376 IPC cannot be subject matter of quashment of proceedings on the ground of settlement between accused and victim - However, exception to said approach could be in cases where accused has..........

Showing : 21-30 of 13496 Results