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TELANGANA AND ANDHRA PRADESH HIGH COURT

Year of decision: 2016
Details

Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 1169 days in setting aside ex parte decree - There was considerable inaction on part of defendant and bonafides in presentation of application become suspect - Defendant was well aware of proceedings but what prevented him from approaching Court in time is not on record - Application rightly dismissed...........

DELHI HIGH COURT

Year of decision: 2016
Details

Criminal Procedure Code, 1973, Section 162 -- Statement to police - S.162 Cr.P.C. bars prosecution from relying on statement of an accused, not evidence relating to accusing conduct before, at the time of occurrence and thereafter, divulged and disseminated by accused when confronted or questioned by police officers...........

DELHI HIGH COURT

Year of decision: 2016
Details

Indian Penal Code, 1860, Section 302 -- Murder - Death sentence - Mutilated headless corpse recovered from a carton box, both hands, legs and genitalia chopped off - Accused proved to be guilty of murder - However, case of accused would not fall in the category wherein extreme sentence of death by capital punishment would not be justified and at the same time possibility..........

MADRAS HIGH COURT

Year of decision: 2016
Details

Evidence Act, 1872, Section 65B -- Electronic record - Absence of certificate u/s 65-B of Act - Admissibility - Even if certification is not obtained at the time of collection of evidence, yet, at the time of trial, evidence aliunde can be given through the person who was in charge of server, in terms of S.65-B of Act...........

MADRAS HIGH COURT

Year of decision: 2016
Details

Evidence Act, 1872, Section 65B -- Electronic record - Power of Court to inspect the same - Magistrate, who receives electronic record, may himself view it and take a back up, without disturbing the integrity of source, in a CD or Pen drive or any other gadget, by drawing proceedings - Back up can be kept in safe custody by wrapping it in anti static cover and should be..........

MADRAS HIGH COURT

Year of decision: 2016
Details

Indian Penal Code, 1860, Section 404 -- Dishonest misappropriation of property - Ingredients of S.404 IPC, cannot fit within the definition of word "theft" or "robbery", as said section applies to a situation where a person in a sly manner appropriates to himself a property in the possession of deceased person at the time of his death...........

RAJASTHAN HIGH COURT

Year of decision: 2016
Details

Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Last seen evidence - Deceased and accused were last seen together before two days from the date of death of deceased - No effort was made to find the deceased till about two days had passed - Discrepancy is even found in the statement of last seen witnesses - There is not an iota of evidence from..........

KARNATAKA HIGH COURT

Year of decision: 2016
Details

Indian Penal Code, 1860, Section 302, 201 -- Murder of wife by accused in matrimonial home - Incident took place in the matrimonial home - Accused residing in Bombay and he used to come to village once in two months - Absence of any material to show that accused had come from Bombay during relevant point of time - It will be very hard to believe the case of prosecution..........

ALLAHABAD HIGH COURT

Year of decision: 2016
Details

Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 504, 506 -- Bail - Offence u/ss 307, 504, 506 IPC - Statement of victim categorically implicates that accused is the author of firearm wound received by him, which is on the most vital part of the body abdomen - Medical evidence supported version of victim - It is immaterial that a person who..........

SUPREME COURT OF INDIA

Year of decision: 2016
Details

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 35 -- Overriding effect - Expression `any other law for the time being in force' as appearing in S.35 of SARFAESI Act cannot mean to extend to each and every law enacted by Central and State legislatures - It can only extend to the laws operating in the same field..........

Showing : 2191-2200 of 9921 Results