Showing : 11-20 of 104 Results

ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 97, 98, 99, 100, 101, 102-- Private defence - An aggressor has got no right of private defence...........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 97, 98, 99, 100, 101, 102-- Private defence - Plea can be considered even if accused has not taken it, but the surrounding circumstances establish that it was available...........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 97, 98, 99, 100, 101, 102-- Private defence - Onus of proof is on accused - It is not as heavy as on the prosecution to prove guilt of accused - It is sufficient to prove the defence on the touchstone of preponderance of probabilities - Injuries received by accused, the imminence of threat to his safety, injuries caused by..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 97, 98, 99, 100, 101, 102-- Private defence - Of person and property - Not available to the aggressor party using guns...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 98(2)-- Difference of opinion between two judges over question of facts - In that eventuality, the order of the trial judge be upheld without referring the matter to third judge - Matter can be referred to third judge where difference is on question of law - Whether Supreme Court can make reference to a..........
ALLAHABAD HIGH COURT
Year of decision: 2010
Details
Indian Penal Code, 1860, Section 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106-- Private defence - Right of private defence is conferred on the aggressee and not on aggressor - The right of private defence is used as a shield and not as a weapon of offence...........
ALLAHABAD HIGH COURT
Year of decision: 2010
Details
Indian Penal Code, 1860, Section 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106-- Private defence - Of the body of a person - Necessitates reasonable danger which must be founded on facts...........
ALLAHABAD HIGH COURT
Year of decision: 2010
Details
Indian Penal Code, 1860, Section 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106-- Private defence - Burden of establishing the plea of self defence is on the accused but accused need not prove beyond all reasonable doubts, the plea of private defence and the burden stands discharged by showing preponderance of probabilities in favour of that plea as the basis material available..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Indian Penal Code, 1860, Section 97, 98, 99, 100, 101, 102-- Self defence - Gun shot injury - Deceased at no stage either assaulted the appellant or otherwise caused any injury to him to justify infliction of gunshot injury - After the initial exchange of hot words and abuses on account of the deceased trampling the foot of the appellant, the appellant had..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Indian Penal Code, 1860, Section 96, 97, 98, 99, 100, 101, 102, 103, 104, 105-- Right of private defence - It is a defensive right - It is neither a right of aggression nor of reprisal - There is no right of private defence where there is no apprehension of danger - The right of private defence is available only to one who is suddenly confronted with the necessity of averting..........

Showing : 11-20 of 104 Results