Showing : 9181-9190 of 13775 Results

SUPREME COURT OF INDIA
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106-- Right of private defence - Entire incident to be examined - In order to find out whether right of private defence is available to accused the entire incident must be examined with care and viewed in its proper setting - Plea of right of private defence cannot be based on surmises and speculation...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 97, 100, 101-- Private defence - Voluntary causing death - To claim a right of private defence extending to voluntary causing of death, the accused must show that there were circumstances giving rise to reasonable grounds for apprehending that either death or grievous hurt would be caused to him - The burden is..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 307-- Attempt to murder - For conviction u/s 307 IPC it is sufficient if there is present an intent coupled with some overt act in execution thereof - It is not essential that bodily injury capable of causing death should have been inflicted - Accused charged u/s 307 IPC cannot be acquitted merely..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 102, 105-- Right of private defence - Commencement and continuation - This right lasts so long as reasonable apprehension of the danger to the body continues - As soon as cause for reasonable apprehension disappears and threat has been destroyed, there can be no occasion to exercise right of private defence...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 307, 326, 34-- Conviction u/s 307/34 IPC by trial Court converted to one u/s 326/34 by High Court - For conviction u/s 307 IPC determinative question is intention or knowledge and not the nature of injury - In case injury inflicted by accused was simple or minor the same will not by itself rule out applicability..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 279, 304A, Criminal Procedure Code, 1973, Section 357-- Compensation - Death by rash and negligent driving - Mother of deceased filed affidavit that she does not have any grievance against appellant and it was an act of God - Conviction confirmed - Sentence of appellant reduced to the period already undergone by him - Appellant directed to pay..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 302, 304, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106-- Part II - Right of private defence - Held, that appellants were upto some stage exercising the right to protect and defend their properties - But thereafter they exceeded the right - Conviction altered from one u/s 302 IPC to one u/s 304 Part I IPC...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 21, Indian Penal Code, 1860, Section 120B, 409, 420, 465, 468, 471, 477A, 101, 34, Prevention of Corruption Act, 1947, Section 5(1)(c)(d), 13(1)(c)(d), 13(2)-- Quashing of charges on the ground of inordinate delay in recording of FIR and filing of charge sheet - FIR recorded in year 1987 for the offences allegedly committed in the year 1981 - Charge sheet submitted in 1991 - Trial did not commence till 1999 - Delay not attributable to appellant -..........
RAJASTHAN HIGH COURT
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 147, 148, 149, 302, 323, 325-- Conviction - Nature of offence - Common objection of unlawful assembly was only to cause grievous hurt - No intention to cause death as lathis were not wielded on vital parts of body of deceased - Conviction and sentence modified...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 420-- Inducing common public to part with money on the lure of doubling the amount - The representation was false, the maker of the representation was aware that the representation was not true and by such representation, he deceived the victim to believe the representation to be true and actuated him..........

Showing : 9181-9190 of 13775 Results