SUPREME COURT OF INDIA
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 420, 415, 423, Criminal Procedure Code, 1973, Section 179-- Cheating - Territorial Jurisdiction - Agreement to sell goods entered in India - Goods were to be supplied in Dubai - Seller faithfully performed its obligation - Purchaser/accused dishonestly avoided payment - Criminal complaint instituted in India - Held, jurisdiction vest with competent Court..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 304B-- Dowry death - Soon before - Deceased told her father two days before her suicide that she is ill treated for realization of balance amount of promised dowry and that she will not be alive if demand is not met - Proximity of cruelty to suicide established - Conviction calls for no interference...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 304B-- Suicide or accidental death - Accused not taking plea of accidental death before Courts below - Not allowed to take such a plea in Supreme Court for the first time...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 482, Customs Act, 1962, Section 110, 111, 135, Indian Penal Code, 1860, Section 379-- Quashing of complaint - 79 gold biscuits of foreign markings were recovered from the possession of petitioner - Held, mere possession or dealing with such gold, in any manner, is an offence punishable under the Act - Whether the gold biscuits were brought to India in a lawful manner or otherwise..........
DELHI HIGH COURT
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 304A,279-- Rash and negligent driving - To constitute offence punishable u/s 279 IPC, there must be rash and negligent driving or riding on public way and act must be so as to endanger human life or be likely to cause hurt or injury to any person - Whereas for offence u/s 304A, act of accused must be rash..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 494-- Divorce by mutual consent - Decree set aside by Appellate Court - Husband solemnized second marriage after about one month of setting aside decree of divorce - Evidence on record showed that husband was not aware of fact that decree of divorce has been set aside - Held, no offence u/s 494 IPC made..........
DELHI HIGH COURT
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 304A,279-- Rash and negligent driving - Deceased jumped after bus started or bus started while deceased was getting down - As per site plan, testimony of PW2 and DW1, incident did not happen at bus stop and took place after bus had travelled some distance - Prosecution failed to prove that petitioner was..........
MADHYA PRADESH HIGH COURT
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 467, 468, 471-- Forgery - Scope - Preparation to commit forgery is not an offence but attempt to commit the same is an offence...........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 307,324-- Nature of offence - No repetition of shot - Unsafe to conclude that appellant had the requisite mens rea to cause murder of the injured as rest of the injuries were on non vital part of body on arm and hand - Injured was not hospitalised and was discharged after his medical examination - None of..........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 307-- Reduction of sentence - Accused convicted u/s 307 IPC and sentenced to seven years RI - Accused 92 years of age - Incident occurred three decades ago - Accused had no criminal record - Sentence reduced to already undergone...........