Showing : 3331-3340 of 8453 Results

SIKKIM HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 302, 304(Part II)-- Murder or culpable homicide not amounting to murder - Alternative plea in appeal - Permissibility - Alternative plea of offence with lesser sentence was not raised before Trial Court - No effort was made by appellant to discharge his burden u/s.105 of Evidence Act of proving that case of accused..........
KERALA HIGH COURT
Year of decision: 2013
Details
Constitution of India, 1950, Article 227, Criminal Procedure Code, 1973, Section 190, 195, 340, Indian Penal Code, 1860, Section 191, Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13, 14-- Giving false evidence - Quashing of proceedings - Held, merely because there was some calculation mistake committed by petitioner (officer of bank), it cannot be said that it was done with mala fides so as to proceed against him personally invoking S.340 Cr.P.C. - He had only acted in good faith..........
SIKKIM HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 304(Part II)-- Culpable homicide not amounting to murder - Sentence - Appellant was a young man of 30 years when he committed offence and has already undergone imprisonment for a period of 3 years 11 months and 4 days - Held, appellant sentenced to undergo imprisonment of 5 years duly setting off period of..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 306-- To constitute an offence u/s 306 IPC prosecution has to establish that a person has committed suicide and the suicide was abetted by the accused - Prosecution has to establish beyond reasonable doubt that deceased committed suicide and accused abetted the commission of suicide...........
GAUHATI HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 376(1)-- Rape - Conviction - Validity - Accused a married man, developed physical relationship with prosecutrix who was aged about 12 years when accused had sexual intercourse with her - Held, act of accused sufficient to constitute offence of rape as being minor, victim was incapable of giving valid..........
KERALA HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 300(1), 482-- Quashing of proceedings - Double jeopardy - Initiation of two separate proceedings in respect of same transaction i.e. one u/s.138 of NI Act and also u/ss 420, 408 of IPC against same person - Held, it does not amount to double jeopardy since ingredients of both offence are different though they..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Fertilizer (Control) Order, 1985-- Clause 19(1)(a) & Clause 5 - Fertilizer - Drawn from shop of dealer found no, standard after chemical examination - There is no cogent evidence produced by the complainant on record to connect appellant with the fertilizers which were found in the shop of dealer/sub-dealer - Distributors have not..........
GAUHATI HIGH COURT
Year of decision: 2013
Details
Prevention of Corruption Act, 1988, Section 13(1)(e)-- Disproportionate assets - Offence u/s.13(1)(e) - Burden of proof - Held, initial burden to prove, that either accused or any member of his family had, at any point of time, been in possession of property disproportionate to his known source of income, lies on prosecution - If initial burden is not..........
GAUHATI HIGH COURT
Year of decision: 2013
Details
Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2)-- Disproportionate assets - Offence u/s.13(1)(e) r/w S.13(2) - Essential conditions required to be satisfied - Held, prosecution has burden to prove that value of property or properties, which accused was alleged to have had in possession, either personally or through any member(s) of his family -..........
MADHYA PRADESH HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 494-- Bigamy - Second marriage during subsistence of first marriage - Parties belong to Gond community - In the community of Adivasi Gond, second marriage is permissible and male member is permitted to keep more than one wife - No offence made out - Proceedings quashed...........

Showing : 3331-3340 of 8453 Results