Showing : 291-300 of 479 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 - Aggressors - Held, that appellants had a knowledge that the offence of murder/culpable homicide would be committed in prosecution of common object and such common object is irreconcilable with the right to private defence - Accused were aggressors and their object was..........
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 - Voluntary causing death is not permissible under the right of private defence - Accused held guilty u/s 304 Part I IPC...........
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 - Free fight - Number of accused persons 18 - Three of them came in a tractor with guns - Theory of free fight is excluded...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 2, Rule 3, Trade Marks Act, 1958, Section 27, 106, Trade and Merchandise Marks Act, 1958, Section 62(2), 55, Trade Marks Act, 1999, Section 134- - Infringement - Composite suit of infringement under Copyright Act claiming ownership and relief for passing off under Trade Marks Act would not lie in the same forum..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 96, 106-- Private defence - To make out a case of private defence, accused need not plead it in specific terms - If circumstances justify an inference with regard to such a right, Court must examine that possibility as well...........
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, Evidence Act, 1872, Section 105-- Private defence - Onus to prove is on accused - Plea can be established either by defence evidence or from the prosecution evidence - It cannot be based on speculation or mere surmises - Plea need not to be taken explicitly - There must be circumstances which caused reasonable apprehension in the..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2008
Details
Transfer of Property Act, 1882, Section 106-- Cancellation of perpetual lease - Lease cancelled and possession of land taken over - Contention that lease was wrongly cancelled - No specific plea raised or substantiated as to how the Director of Industries was not competent to cancel the lease deed or to exercise the powers - No substantial..........
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-- Private defence - Can be used only to ward off unlawful force, to prevent unlawful force, to avoid unlawful detention and to escape from such detention...........
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 - Arises only if the apprehension is unexpected and one is taken unaware - If one enters into an inevitable danger with the fullest intimation before hand and goes there armed to fight out, the right cannot be claimed - This right is purely preventive and not punitive -..........
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 - Appellants armed with weapons came to field where complainant party was cultivating and attacked them - One of the members of complainant party died - Appellants were aggressive and they attacked the complainant party when they were totally unarmed - Right of private..........

Showing : 291-300 of 479 Results