Indian Penal Code, 1860, Section 97, 98, 99, 100, 101, 102, 103, 104, 105-- Private defence - Availability of right - Relevant considerations are injuries received by accused, the imminence of threat to his safety, the injuries caused by the accused and the circumstances whether the accused had time to have recourse to public authorities...........
Indian Penal Code, 1860, Section 302, 97, 98, 99-- Murder - Accused suffered minor injuries - Accused not taking plea of self defence during cross examination of eye witnesses - Plea taken for the first time during statement u/s 313 Cr.P.C. - Held, plea was after thought...........
Evidence Act, 1872, Section 93, 94, 95, 96, 97, 98-- Construction of documents with the aid of extrinsic evidence - (1) Where the language used is on its face ambiguous or defective so as to render the meaning unintelligible or where the language though intelligible creates an obvious uncertainty of the meaning, extrinsic evidence is wholly..........
Indian Penal Code, 1860, Section 97, 98, 99, 100, 101, 102-- Self defence - Even without formally taking a plea of self defence, the accused has a right to probabilise such defence on the basis of the prosecution evidence and if he succeeds in his effort, Court can given him such a benefit...........
Indian Penal Code, 1860, Section 96, 97, 98, 99, 300-- Private defence - Burden is on accused to prove the plea - However, it is not necessary for the accused to adduce any positive defence evidence to substantiate his plea if the same is highly probabilised by prosecution evidence itself or by other material brought on record...........
Representation of the Peoples Act, 1951, Section 87, 98, 99, 100-- Election petition - Whether a designated election judge of High Court can entertain and decide a plea relating to validity of any law - Held that while hearing an election petition validity of statutory provisions can be adjudicated subject to two limitations: (i) that it must be necessary to go..........
Indian Penal Code, 1860, Section 96, 97, 98, 99, 100-- Private defence - No aggressor can claim a right of private defence...........
Civil Procedure Code, 1908, Section 98-- When two Judges differ on a point reference to be made to a third Judge - Does not violate S.98 CPC...........
Civil Procedure Code, 1908, Section 98-- When two Judges differ on a point reference to be made to a third Judge - Does not violate S.98 CPC...........
Indian Penal Code, 1860, Section 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106-- No person can claim immunity from culpable homicide merely on the ground that he killed another person in discharge of his official duties unless such killing would fall within the ambit of any of the exceptions enumerated in Chapter IV of the IPC...........
