Showing : 1-10 of 24 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 304(Part II), 109, 203, 97, Tamil Nadu Forest Act, 1882, Section 36A, Arms Act, 1959, Section 3, 25(1B)(a)- - Offence u/ss 304(Part II), 109, 203 IPC, S.36-A, E of 1882 Act and Ss.3, 25(1-B)(a) of Arms Act - Right to private defence - Eye witnesses turned hostile - No evidence on record to prove as to how and in what manner incident occurred - Prosecution thus, failed to prove its case - Defence on the..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Evidence Act, 1872, Section 109-- Presumption of continuity of possession - Once predecessor-i, interest of plaintiffs-respondents have been found in possession of suit property, presumption regarding continuity of possession would be in favour of plaintiffs-respondents - Since defendants could not prove either their absolute..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Himachal Pradesh Tenancy and Land Reforms Act, 1972, Section 69, 109, Himachal Pradesh Co-operative Societies Rules, 1971, Rule 57-- Mis-utilization of funds of society - Surcharge proceedings - As per evidence on record petitioner obtained signatures of members after conclusion of proceedings of meeting in minute books of society and thereafter illegally managed to transfer 18 marlas of land and building in his own name -..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302, 341, 143, 147, 148, 149, 109, 120B-- Murder - Appeal against acquittal - Acquittal upheld viz. (i) Material alterations in testimonies of eye witnesses; (ii) attesting witnesses to the recovery of articles, like weapons, clothes, etc. turned hostile; (iii) Recovery of mobile phone is relied in evidence, however, no evidence was..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 363, 364A, 109-- Kidnapping for ransom - Accused while working in the house of PW1 as a servant kidnapped minor son of PW1 - He left the letter regarding kidnapping in which demand of ransom was made - Accused accepting three letters of kidnapping in his evidence and identifying the signatures before Magistrate -..........
CALCUTTA HIGH COURT
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 302, 109-- Murder - Accused `A' was not present when room was opened, where injured deceased was lying - No evidence to show that accused `A' had abetted the crime - PWs 12 & 13 tried to implicate accused `A' by stating that his motive for killing deceased was demand for repayment of loan but there is no..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 302, 109, 149, 449-- Murder - Reduction of sentence - Accused persons entered the house of PWs holding knives in their hands and inflicted serious injuries to deceased and two other witnesses - Accused persons were apprehended on the spot and recovery of weapons was also carried out at the time when they were..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 120B, 419, 420, 467, 468, 471, 109, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Criminal Procedure Code, 1973, Section 482-- Wrong legal advice - Criminal liability - Bank disbursing loan to some person on legal advice of Advocate, that proved to be wrong later on - Prosecution of Advocate who was not named in FIR - No material on record to show that accused joined hands with original conspirators for giving false..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 109-- Abetment - Evidence of exhortation is in the very nature of things a weak piece of evidence and there is often quite a tendency to implicate some person in addition to the actual assailant by attributing to that person an exhortation to the assailant to assault the victim - Unless the evidence in..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 109-- Abetment - If prosecution proves that accused was present at the place of occurrence and had exhorted to shoot at the deceased and in case he wants the Court to reject the prosecution version as not probable then burden is on him to lead evidence that he was not at the spot and did not exhort to..........

Showing : 1-10 of 24 Results