DELHI HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 302, 34-- Murder - Common intention - Circumstantial evidence - Motive of crime proved on record as accused taken away Rs.10,000 from house of deceased, though they not succeeded in taking away the amount of Rs.3.5 lakhs, which was in their knowledge - Blood stain clothes of accused recovered at the..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 307, 34, 323-- Attempt to murder - Semi-circular injury sustained by victim, which was caused by sword as per victim - However, semi-circular injury cannot be caused by a sword - Even otherwise, sword was not produced before Court and same was not blood stained - Injured consumed alcohol and he himself admitted..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 451, 325, 323, 34-- Genesis of prosecution case is that occurrence of alleged incident started from his scooter being hit by vehicle driven by accused - However, there is no independent witness who saw accident - Fact that complainant has gone to house of accused and thereby he was beaten by accused is not..........
MADHYA PRADESH HIGH COURT
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration - Plaintiff in constructive possession of disputed joint family property, in which she has got share - Simplicitor suit for declaration of plaintiff's share in suit property is maintainable...........
MADHYA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 7, Civil Procedure Code, 1908, Order 6, Rule 1, 2, Specific Relief Act, 1963, Section 34-- Suit for declaration - Relief of partition and possession - Plaintiff not claimed any relief of partition and possession - No pleadings regarding partition - No Court fees paid - It also not mentioned that all joint family properties are incorporate in the suit - Civil Court cannot grant relief..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration - Further relief of possession, which should have been prayed not prayed - Held, suit is barred by S.34 of Specific Relief Act...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 34-- Interest on delayed payment of gratuity - Award of 12% interest - Interest is compensatory in nature - Court is not bound to direct payment of interest restricted at the rate of interest indicated in S.34 CPC - Merely because appeal arises out of a civil suit does not mean that Court cannot go..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 34-- Bail - Murder case - Accused in custody since July, 2014 - Trial of case is likely to take a long time - Last seen witness and a witness before whom alleged confession was made and said to be a stock witness stand examined - No purpose would be served in keeping the accused behind bars - Bail..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 304B, 34-- Dowry death - Death due to 100% burn injuries - No evidence on record that sister-i, law and brother-i, law tortured the deceased for any demand of dowry - It cannot be said that brother-i, law and sister-i, law had any common intention with husband of deceased in commission of crime - It is..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 8-- Murder - Circumstantial evidence - Motive - Son of deceased narrated many instances prior to murder indicating animosity between accused and deceased - However, none of those instances was of such nature which prompted accused to murder deceased - Motive not proved by any credible and reliable..........