Showing : 31-40 of 104 Results

SUPREME COURT OF INDIA
Year of decision: 2009
Details
Indian Penal Code, 1860, Section 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 302, 34-- Right of private defence - Four assailants came well prepared to assault the accused - Accused persons could have a reasonable apprehension of death or atleast of grievous hurt - It was a case of single gun shot which was not repeated - It cannot be said that accused persons had exceeded the right..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Indian Penal Code, 1860, Section 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106-- Right of private defence - Law summed up...........
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 - Right of defence - It is a defensive right given by IPC - It is a right of defence, not of retribution extended to repel unlawful aggression - Not as a retaliatory measure - A right to defend does not include a right to launch an offensive, particularly when the need to..........
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 - Entire incident to be examined - In order to find out whether right of private defence is available to accused the entire incident must be examined with care and viewed in its proper setting - Plea of right of private defence cannot be based on surmises and speculation...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 302, 304, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106-- Part II - Right of private defence - Held, that appellants were upto some stage exercising the right to protect and defend their properties - But thereafter they exceeded the right - Conviction altered from one u/s 302 IPC to one 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 - Question of fact to be determined on the facts and circumstances of each case - In determining this question of fact, Court must consider all the surrounding circumstances...........
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-- Right of private defence - Burden of proof - The burden of proof is on the accused who sets up the plea of self defence - It is for the accused to place necessary material on record either by himself adducing positive evidence or by eliciting necessary facts from the witnesses examined by..........
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 - It is a defensive right under IPC available only when circumstances clearly justify it - It is a right of defence, not of retribution, expected to repel unlawful aggression and not as retaliatory measure - Right to defend does not include a right to launch an offensive,..........
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...........

Showing : 31-40 of 104 Results