Showing : 9141-9150 of 13482 Results

SUPREME COURT OF INDIA
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 300-- Exception 4 - Scope - For bringing in operation of Exception 4 to Section 300 IPC, it has to be established that the act was committed without premeditation, in a sudden fight in the heat of passion upon a sudden quarrel without the offender having taken undue advantage and not having acted in a..........
RAJASTHAN HIGH COURT
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 302, 147, 148, 149-- Murder - Accused M1 was far away from spot and it was not possible for him to participate in crime - Evidence consistent only qua M2 and B - Conviction of M1 and U set aside - Conviction of other accused sustained...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 406, 409, 120B-- Public servant - Sanction for prosecution - Offence u/ss 406, 409, 120-B - Sanction for prosecution not required - It is no part of duty of public servant to enter into a criminal conspiracy for committing breach of trust...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 34-- Common intention - Not clear which of the accused caused which particular injury - Held, when persons go together armed with deadly weapons and fatal injuries are caused to the deceased, all of them are equally liable in view of S.34 IPC...........
ALLAHABAD HIGH COURT
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 147, 148, 149, 302-- Conviction - Testimony of two eye witnesses - One eye witness son of deceased - Testimony found reliable and trustworthy - Merely because he is son of deceased his testimony cannot be discarded - Second eye witness an independent witness - No material contradiction in the testimony of both the eye..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 498A, 323-- Quashing of FIR - Offence u/ss 406, 498-A, 323 IPC - Divorce by mutual consent granted whereby wife undertook to get the FIR quashed - Compromise duly signed by both the parties and even brother of wife had signed as a witness - In a petition for quashing FIR wife stated that she could not..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302-- Bail - Murder - Trial almost came to an end - Accused suffering from serious kidney disorder and was precarious in health - Bail refused as accused politically influential and financially strong and capable of influencing the witnesses and that accused are residents of a place which is near..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302-- Bail - Murder - Trial almost came to an end - Accused suffering from serious kidney disorder and in a precarious health - Bail refused - Accused politically influential and financially strong and capable of influencing the witnesses - Accused resident of a place which is on Bangladesh border and..........
RAJASTHAN HIGH COURT
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 304A-- Medical negligence - Death - Lady admitted in hospital - Gave birth to a child and lady died - Medical Board was constitutd to find out cause of death - Board gave a finding that accused is not used to handle such delivery cases - None of the Board members was gynae expert - Entire evidence shows..........
RAJASTHAN HIGH COURT
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 304A-- Medical negligence - Civil and criminal negligence - For an act to amount to criminal negligence the degree of negligence should be much higher i.e. gross or of a very high degree - Negligence which is neither gross nor of a higher degree may provide for a ground for action in civil law but cannot..........

Showing : 9141-9150 of 13482 Results