Showing : 6081-6090 of 49268 Results

MADRAS HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 364, 302, 201, 120B-- Abduction and murder - Circumstantial evidence - Last seen theory - Father of deceased/PW1 went to the spot after getting information from villagers - He did not speak about information given by his other son/PW2 who stated to have seen deceased leaving with A1 and A2 - PW2 who overheard..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 304A-- Rash and negligent driving - Nothing on record to establish connection of offending jeep and its driver with fateful incident - PW4, owner of offending jeep nowhere admitted that accident occurred by his jeep or at time of accident accused was driving the same - No evidence on record to prove..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Evidence Act, 1872, Section 118, Indian Penal Code, 1860, Section 364, 302, 201, 120B-- Child witness - Abduction and murder - PW3 daughter of deceased, aged about 9 years old deposed that villagers stated that A1 and A2 committed murder of deceased - Mind of PW3 is already coloured from information she received from others which is also strengthened by fact that she was accompanied..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 364, 302, 201, 120B-- Abduction and murder - Circumstantial evidence - Entire case of prosecution starting from registration of FIR, confession leading to arrest, recovery among other things appears to be not correct and acceptable - Various doubts also improbabilities which are inherent, apart from infirmities found..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 41, Rule 33-- First Appeal - First Appellate Court can grant relief not prayed for in exercise of its discretion, when facts of such case demand its exercise - However, notice to parties shall be given while deciding appeal U.O.41.R.33 CPC...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 323, 506, 148, 149, Arms Act, 1959, Section 25, 27-- Bail - Murder - Petitioner though named in FIR but no role attributed to him - Co-accused already granted bail - Role attributed to petitioner is akin to that of co-accused and thus, treating the petitioner on same parity, he be released on bail - Bail granted...........
DELHI HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 376D, Criminal Procedure Code, 1973, Section 154-- Gang rape - Delayed FIR - Prosecutrix claims that she has disclosed incident to her sister after 1 month from incident - However, FIR registered after delay of 3 months 9 days - No explanation given for waiting for another 2 months to approach police - This unusual and improbable conduct of..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 376-- Rape - Consensual act - Prosecutrix caught in toilet by her maternal uncle in totally nude compromising position with accused - No injuries were found on body of prosecutrix - No signs of fresh sexual intercourse were noticed on genitals of prosecutrix - Matter was reported only because act was..........
GAUHATI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Appointment of survey commissioner - Eviction suit - Survey of land was already conducted by same surveyor named in the present application prior to filing of suit - Fresh survey of land sought by plaintiff - However, it is not the case of plaintiff that he did not have access to Tea Estate and he..........
CALCUTTA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 154-- Delay in lodging FIR - Mere delay itself cannot be regarded as fatal to prosecution case - However, there is a possibility of embellishment in prosecution version on account of such delay if prosecution fails to satisfactorily explain the delay...........

Showing : 6081-6090 of 49268 Results