Showing : 401-410 of 968 Results

ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 26, 193, 323, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x)-- Committal of case to Court of Sessions - Proprietary of - Magistrate committed case on the ground that accused persons had also committed an offence u/s 3(1) (x) of S.C/S.T. Act and case ought to be tried to Court of Session - Essential ingredients constituting offence u/s 3(1)(x) of S.C./S.T. Act..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of criminal proceedings - Held, where the factual foundation for an offence has been laid down, the Courts should be reluctant and should not hasten to quash the proceedings even on the premise that one or two ingredients have not been stated or do not appear to be satisfied if there is..........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 244, 245, 246, Indian Penal Code, 1860, Section 498A, 452, 323, 506, Dowry Prohibition Act, 1961, Section 3, 4-- Quashing of criminal proceeding - One singular act of demand of dowry - Held, it would neither constitute cruelty nor harassment - A single act of cruelty would also not be sufficient to cause mental agony to a person - It has to be constant process by which emotional distress is caused -..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 304-B-- Dowry death - `Soon before death' - Amongst others, lapse of time between the date of marriage and the date of death is also a relevant consideration for the Court while examining whether the essential ingredients of the provision are satisfied or not in a given case...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 304-B, 498-A-- Dowry death and cruelty - Ingredients of offence u/ss 304-B and 498-A IPC satisfied - Onus shifts on accused to prove as to how deceased died - Mere denial and maintaining silence cannot be equated to discharge of onus by accused...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 304-B-- Dowry death - Ingredients of the provision are : (1) the death of a woman should be caused by burns or fatal injury or otherwise than under normal circumstances; (2) such death should have occurred within seven years of her marriage; (3) she must have been subjected to cruelty or harassment by her..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 279-- Rash and negligent driving - Interpretation of - Preliminary conditions are : (a) It is the manner in which vehicle is driven; (b) It be driven either rashly or negligently; and (c) Such rash or negligent driving should be such as to endanger human life - Once these ingredients are satisfied,..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Breach of agreement - Plaintiff/petitioner has miserably failed to make out necessary ingredients of prima facie case, balance of convenience and irreparable loss or injury for grant of temporary injunction - Held, Courts below have rightly declined temporary injunction to..........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Prevention of Corruption Act, 1988, Section 7, 13(1)(d)(2)-- Offense of corruption - Proof of - Held, prosecution is required to prove that there was demand of illegal gratification and voluntary payment of bribe, acceptance of illegal gratification by the accused for reason other than the motive or reward are essential ingredients of the offense of..........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 482-- Quashing - Facts unerringly indicating that it is not a simple case of civil dispute but it is a case of cheating per se with criminal misappropriation of funds - Prima facie established, on the own showing that ingredients of making out a offence complained were disclosed - It is a knowledgeable..........

Showing : 401-410 of 968 Results