Showing : 61-70 of 955 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Guardians and Wards Act, 1890, Section 9(1), 25- - Jurisdiction of Court - Custody of minor children - Children were not ordinary residents of India as envisaged u/s 9(1) of the Act, as they are citizens of USA - Application for custody of minor children filed before Family Court (Hyderabad) is rightly rej ected by High Court in exercise of power..........
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..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 121, 121A, 122, 34, Arms Act, 1959, Section 25, 27(1), 29(A), Telegraph Act, 1885, Section 20, Wireless Telegraphy Act, 1933, Section 6(1)(A)-- Offences u/ss 121, 121-A, 122, 34 IPC, 25, 27(1), 29(A) of Arms Act, S.20 of Telegraph Act and S.6(1)(A) of Wireless Telegraphy Act - Prosecution essentially relied upon confessional statement of accused recorded under provisions of TADA Act - Since accused cannot be proceeded for TADA offences..........
ORISSA HIGH COURT
Year of decision: 2019
Details
Orissa Gram Panchayat Act, 1965, Section 26(2), 25, 11(b)-- Election - Eligibility to contest for post of Sarpanch - Disqualification - Elections challenged on the ground that elected candidate not attained age of 21 years on the date of nomination - Proceedings u/s 26(2) of the Act - Not maintainable in respect of elected Sarpanch who is not eligible to..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Guardians and Wards Act, 1890, Section 25-- Custody of minor daughter - Claimed by mother - Father of child had forcibly taken custody of his 2 years and 2 months minor daughter - As per S.6 of the Act, custody of child who is less than five years of age shall ordinary remain with mother - Moreover, where a child is of a very tender age,..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 302, 506, Arms Act, 1959, Section 25, 27-- Murder - Death sentence - High Court while affirming conviction and sentence as awarded by trial Court, not dealt with issue as to whether conviction recorded by trial Court was justified or not - High Court was sitting as a Court of first appeal, therefore required to revisit entire evidence and..........
KERALA HIGH COURT
Year of decision: 2019
Details
Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 19, 25, 29, 31A, Income Tax Act, 1961, Rule 68B-- Second Sch. - Auction sale - Conducted after lapse of 8 years from issuance of recovery certificate - Rule 68B of Second Sch. to Income Tax Act clearly mandates that no sale of immovable property shall be made after expiry of 3 years from the end of financial year in which the order giving rise to..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 302, 341, Arms Act, 1959, Section 25(1A), 27-- Murder - Recovery of pistol and FSL report - Recovery effected from house of A-1 on his confessional statement - FSL report shows that pistol recovered was in working condition and fatal injuries could be caused from using said pistol - Three eye witnesses have attributed specific overt act of..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 307, 120B, Arms Act, 1959, Section 25, 27-- Attempt to murder - Pallet injuries - Material contradictions, discrepancies and omissions in statements of PWs - Injuries received by complainant not corroborated by medical report to prove that injury was caused by gunshot - Recovery witnesses turned hostile and not supported prosecution story -..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 302, 307, Arms Act, 1959, Section 3, 25-- Bail during pendency of appeal against conviction - Claim on the ground of parity - Murder - Co-accused granted bail, as he was above 80 years - However, present accused persons were carrying a double barrel gun and country made pistol respectively and both used fire arms - Injury found on dead..........

Showing : 61-70 of 955 Results