Showing : 11-20 of 17681 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 273, 299, 317-- Recording of evidence in absence of accused, when there was no dispensation as contemplated u/s 273 Cr.P.C - S.273 Cr.P.C stood violated, as there was an infringement of salutary principle - However, said infringement is curable one - High Court directed de novo trial of witnesses examined in..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Evidence Act, 1872, Section 73-- Will - Comparison of finger/thumb impression over the disputed Will with purported admitted documents - No whisper in the application as to what prevented petitioner for almost seven years from filing applicant before trial Court - Contention that procedural law is for furtherance of justice has..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 302, 498A, 34-- Victim stated to be set on fire - 98% burn injuries - Neighbours first raised an alarm - No explanation why none of them not examined - One neighbor also accompanied accused husband to the hospital to arrange for an ambulance and this person not examined - Non examination of these important..........
MADHYA PRADESH HIGH COURT
Year of decision: 2019
Details
Hindu Marriage Act, 1955, Section 13B-- Divorce by Mutual consent - Waiver of 6 months statutory period - Period mentioned in S.13-B(2) of the Act, is not mandatory in nature and it is directory in nature - Trial Court can waive period of 6 months after exercising its jurisdiction in facts and circumstance of each case, where there is..........
DELHI HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 376(2)(f), 354-- Rape of minor girl by her blind father - Prosecutrix has given detailed description of manner in which accused used to sexually assault her - Allegation of sexual assault go back to several years when she was only 6 years of age and sexual assault continued till she was 13-14 years of age -..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 151-- Late production of documents - Simple prayer to place on record certain documents - No corresponding prayer to prove those documents - No purpose would be served by simply placing documents on record as until and unless those documents are duly exhibited in accordance with law, the same could not..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 451, 482-- Offence u/ss 41, 52, 52-A of Indian Forest Act and Ss.27, 29, 39(1)(d), 51, 52 of Wildlife Protection Act - Release of seized vehicle - Dismissal of application by Magistrate and Session Judge - Application u/s 482 Cr.P.C allowed - As per the provisions of Forest Act and Wildlife Protection Act it..........
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..........
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..........
DELHI HIGH COURT
Year of decision: 2019
Details
Arms Act, 1959, Section 25-- Recovery of one live cartridge - Conscious possession - Petitioner was in possession of one live cartridge - However, he expressed his lack of awareness in respect of said cartridge till same was detected by security staff during screening of baggage - Petitioner also holds a valid arms license -..........

Showing : 11-20 of 17681 Results