Showing : 6731-6740 of 14078 Results

SUPREME COURT OF INDIA
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 302-- Murder - Rarest of rare case - Death penalty - A distinction has to be drawn between ordinary murders and murders which are gruesome, ghastly or horrendous - While life sentence should be given in the former, the latter belongs to the category of rarest of rare cases, and hence death sentence..........
DELHI HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 190, 403, 420-- Dishonour of cheque - Second complaint - Quashing of - Prior to filing of complaint u/ss 190/403/420 IPC, respondent/complainant had already instituted a complaint u/s 138 NI Act on the same set of allegations - Respondent has failed to give any explanation either in his complaint u/ss 190/403/420..........
UTTARAKHAND HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 482, 177, Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4-- -Territorial jurisdiction - Quashing of charge-sheet - Wife forced to leave matrimonial home and to live with parents at Dehradun - Demand of dowry continued on phone calls by the husband and father-i, law - Held, Court at Dehradun has jurisdiction to try the case - Petition dismissed...........
DELHI HIGH COURT
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 107, 306-- Abetment of suicide - Simplicitor abusing and humiliation does not amount to abetment of suicide - For an act to fall within the ambit of offence of abetment to commit suicide an active role instigating or aiding the doing of a thing is required - There must be proof of direct and indirect acts of..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 34, 149-- Distinction between the two provisions - Common intention denotes action in concert and necessarily postulates the existence of a pre arranged plan implying a prior meeting of minds, while common object does not necessarily require proof of prior meeting of minds or pre-concert - Though there is..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 34, 149-- Vicarious liability - It is not necessary to prove that each and every one of them had indulged in overt acts in order to apply S.34, apart from the fact that there should be two or more accused - Two facts must be established namely (a) common intention (b) participation of accused in the..........
DELHI HIGH COURT
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 304A, 279, Criminal Procedure Code, 1973, Section 265G-- Rash & negligent driving - Reduction of sentence - Trial court convicted accused and sentenced him to 6 months SI and to pay a fine of Rs.5, 000/- - Accused a first time offender - He has adequately compensated victims to their satisfaction - He is also the only bread earner for his two minor..........
DELHI HIGH COURT
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 306, 107-- Abetment of suicide - Accused after drinking used to harass deceased and as accused had stopped earning he demanded money for liquor - Suicide by wife - There are no element of instigation, intentionally aiding by acts or commission of illegal omission are there which are essential for..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 149-- Common object - Even if the offence committed is not in direct prosecution of the common object of the assembly, it may yet fall under second part of S.149 IPC if it can be held that the offence was such as the members knew was likely to be committed...........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 149-- Once it is established that the unlawful assembly had common object, it is not necessary that all persons forming the unlawful assembly must be shown to have committed some overt act - For the purpose of incurring the vicarious liability under the provision, the liability of other members of the..........

Showing : 6731-6740 of 14078 Results