Showing : 11-20 of 6499 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Substantial question of law - Concurrent finding of fact - Appellant is entitled to point out that it is bad in law because it was recorded de hors the pleadings or it was based on no evidence or it was based on misreading of material documentary evidence or it was recorded against..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Service -- Dismissal - Gross misconduct - Departmental proceedings and criminal proceedings - Charge levelled against appellant in both the proceedings made on different set of facts and evidence having no nexus/co-relationship - Acquittal in criminal proceedings would not absolve appellant from liability..........
KERALA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 137-- Dishonour of cheque - An accused is not entitled to give evidence on affidavit - Affidavit of examinatio, i, chief of accused is no examinatio, i, chief of accused - Tendering of a witness for cross examination, without conducting examinatio, i, chief amounts to giving up of the witness - Evidence..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4-- Bail - Kidnapping and rape - Prosecutrix resiled from her statements earlier given to police and Magistrate u/ss 161, 164 Cr.P.C - She has nowhere supported prosecution case - Though guilt, if any, of petitioner is yet to be determined in totality of evidence collected on record by prosecution,..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 319-- Summoning of additional accused - Name of respondent is no doubt mentioned in FIR and overt act is attributed to him - However, during course of investigation, I.O recorded statements of witnesses who stated that respondent was not present at the place of occurrence at the time of incident - Even..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 364A-- Kidnapping of 5-6 years old boy for ransom - Last seen evidence - PW8 deposed that accused had come to his hotel with a child aged 5-6 years and requested for food to be served - PW9 also deposed having seen accused with child - Subsequently in the evening when he saw photograph of missing of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45-- Dishonour of cheque - Signatures admitted - Comparison of writing on the body of cheque - Not permissible - Fact that body of cheque is not filled up by the drawer of cheque is totally immaterial in a trial for offence u/s 138 of the Act - Dismissal of application calls for no interference...........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(2)-- Recovery of 2 kg charas - Two lady accused sitting in compartment of Train found in possession of charas - Accused searched at platform - They failed to show any license for the same - No infirmity in the evidence of PW2, independent witness - Non-mentioning of child of accused in recovery memo..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Central Reserve Police Force Act, 1949, Section 11(1), Central Reserve Police Force Rules, 1955, Rule 27(a)-- Dismissal from service - Misconduct - Respondent admitted that incident occurred as a result of handling of weapon, that bullets were fired and death of his colleague occurred in consequence thereof - Disciplinary authority found that charge of misconduct was sustainable on the basis of evidence..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 302, 304(Part I)-- Nature of offence - Accused `V' retaliated with use of a country made firearm in a fit of anger when he saw his aged father/accused `M' hitting at victim with butt side of his gun - Evidence against accused `M' does not establish that he had any intention of causing any fatal injury to deceased as..........

Showing : 11-20 of 6499 Results