Showing : 9111-9120 of 13775 Results

SUPREME COURT OF INDIA
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 96-- Private defence - Right of - Accused need not prove the existence of the right of private defence beyond reasonable doubt - It is enough for him to show as in a civil case that the preponderance of probabilities is in favour of his plea...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Dowry Prohibition Act, 1961, Section 2, 4, Indian Penal Code, 1860, Section 304B-- Dowry death - Demand of share of wife in the ancestral property - Not a dowry demand...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Dowry Prohibition Act, 1961, Section 2, 4, Indian Penal Code, 1860, Section 304B-- Dowry death - Demand of dowry - For conviction for demand of dowry it is not always necessary that there be an agreement for dowry - Even demand of dowry on other ingredients being satisfied is punishable...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Dowry Prohibition Act, 1961, Section 2, 4, Indian Penal Code, 1860, Section 304B-- Dowry death - In cases of dowry deaths and suicides, circumstantial evidence plays an important role and inferences can be drawn on the basis of such evidence - That could be either direct or indirect...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 304B-- In order to attract S.30-4B IPC, the following ingredients are to be satisfied; (i) The death of a woman must have been caused by burns or bodily injury or otherwise than under normal circumstances; (ii) Such death must have occurred within 7 years of the marriage; (iii) Soon before her death, the..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 376, 324, 452-- Rape - Sentence - High Court reduced sentence from 5 years to period already undergone i.e. 5 months 25 days without indicting any reason - Undue sympathy to impose inadequate sentence would do more harm to the justice system to undermine the public confidence in the efficacy of law - Sentence..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 235-- Murder - Sentence - If for extremely heinous crime of murder perpetrated in a very brutal manner without any provocation, most deterrent punishment is not given, the case of deterrent punishment will lose its relevance...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 376-- Rape - Reduction in sentence - Court has to record adequate and special reasons in the judgment and not fanciful reasons which would permit the Court to impose a sentence less than the prescribed minimum - Adequate and special reason depends upon several factors - No strait-jacket formula can be..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 376-- Rape - High Court reduced less than prescribed sentence without recording reasons much less any adequate and special reasons for reducing the sentence - Held, High Court was not justified in reducing the sentence below the prescribed minimum...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420-- Dishonour of cheque - Post dated cheque - To constitute offence u/s 420 IPC fraudulent or dishonest inducement on the part of the accused must be at the inception and not at a subsequent stage - When the post dated cheques were issued the accounts were operative - Even assuming that the account..........

Showing : 9111-9120 of 13775 Results