Showing : 41-50 of 6443 Results

UTTARAKHAND HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4, 6-- Rape - Prosecutrix was 17 years and 7 months old on the date of incident - She never stated that accused sexually assaulted or raped her - Even, medical report of prosecutrix opined that there were no internal or external injuries on body of prosecutrix and no definite opinion about sexual assault..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 3-- Rape - Appeal against conviction - Appreciation of evidence - Prosecution failed to prove case against accused beyond reasonable doubt due to following reasons : (i) prosecutrix not examined by doctor after alleged incident; (ii) in absence of any medical examination done, prosecution not examined..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 302, 120B, 201, 297, Evidence Act, 1872, Section 3-- Murder - Circumstantial evidence - As per prosecution, father of deceased hatched conspiracy alongwith accused to kill her, but no challan was put up against him - Even, theory of conspiracy not proved against accused - There is no corroborative material produced on record by prosecution except..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Cheque issued in lieu of milk supplied to accused as alleged by complainant - However, in entire complaint or earlier thereto in notice issued u/s 138 of the Act, complainant failed to mention rate of milk, payment if any due and placed on record alleged settlement - Accused..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 319-- Summoning of additional accused - Matrimonial dispute - Husband levelled allegations against wife and his family members - Though in FIR, complainant mentioned 15 women and 35 men came by vehicles but names of 11 persons alone were disclosed in FIR - In the FIR or in statement recorded u/s 161..........
TELANGANA HIGH COURT
Year of decision: 2019
Details
Transfer of Property Act, 1882, Section 106-- Quit notice - Premises in question is residential accommodation and thus fifteen days quit notice is essential - Oral and documentary evidence on record to substantiate the same - There is no much dispute with regard to issuance of quit notice and service on defendant - Duration of tenancy is 36..........
TELANGANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - Eviction suit - Defendant by way of additional evidence sought to produce bill for renovation work undertaken by him in respect of subject premises - Documentary evidence which defendant wanted to lead now was within his knowledge and possession at the time..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 304(Part II), 109, 203, 97, Tamil Nadu Forest Act, 1882, Section 36A, Arms Act, 1959, Section 3, 25(1B)(a)- - Offence u/ss 304(Part II), 109, 203 IPC, S.36-A, E of 1882 Act and Ss.3, 25(1-B)(a) of Arms Act - Right to private defence - Eye witnesses turned hostile - No evidence on record to prove as to how and in what manner incident occurred - Prosecution thus, failed to prove its case - Defence on the..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 227, Prevention of Corruption Act, 1988, Section 7, 13(1)(d)-- Illegal gratification - Discharge sought immediately after filing of charge sheet - Court cannot become an Appellate Court and start appreciating evidence by finding out inconsistency in the statements of witnesses - It is not legally permissible - No prima facie case made out for discharge at..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Special Marriage Act, 1954, Section 24, 4-- Annulment of marriage - Petition by husband - Suppression of factum of first marriage by husband - Plea of customary divorce taken by husband - However, there was no specific issue framed on the alleged customary divorce - Neither there was any issue that wife has knowledge of first marriage of..........

Showing : 41-50 of 6443 Results