KARNATAKA HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 302, 304(Part I)-- Nature of offence - During course of exchange of galata or quarrel between deceased and accused, accused took out a chopper and assaulted deceased - Considering the length, width and depth of the injury, accused might have knowledge that deceased may die due to such injuries, but he might not have..........
KARNATAKA HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 304(Part I)-- Offence u/s 304(Part I) IPC - Reduction of sentence - Accused has been in judicial custody for more than 9 years - Offence u/s 304(Part I) IPC is punishable with life or imprisonment for 10 years - Sentence already undergone by accused thus, sufficient punishment for conviction u/s 304(Part I)..........
KARNATAKA HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 302, 309, Evidence Act, 1872, Section 106-- Murder of wife by husband - Accused and deceased living together at the relevant time in their house - Some quarrel between accused and deceased was occurred prior to incident - Dead body of deceased found on the said house - No explanation given by accused as to how incident had happened in the..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13-- Exparte decree - Setting aside at the instance of a person not party to the suit - Application U.O.9.R.13 CPC at the instance of such a person is not maintainable - However, decree obtained by fraud can be set aside at the instance of such a person u/s 151 CPC...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 307, 148, 149, Arms Act, 1959, Section 25, 27, 54, 59-- Summoning of additional accused - Land dispute - Complainant and his injured brother stated in FIR and in Court that both petitioners were present on the spot - Even, fire arm injury attributed to petitioner corroborated by medical evidence - Neither petitioners produce on record report u/s 173..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 302, 394, 34-- Murder - Robbery - Circumstantial evidence - Incident happened in the house of deceased - Heavy burden is on shoulders of accused to explain under what circumstances deceased died - However, accused failed to offer any explanation in his statement recorded u/s 313 Cr.P.C - Accused and absconded..........
DELHI HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11-- Rejection of plaint/dismissal of suit - Issue of relationship of landlord and tenant decided by Rent Controller - Same issue re-agitated in civil suit - Issue already settled cannot be allowed to be re-agitated all over again - Suit dismissed in exercise of inherent power u/s 151 CPC...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 156(3)-- Direction for registration of FIR - Magistrate is having absolute discretion under provisions of law either to send application to police u/s 156 Cr.P.C or himself take cognizance after taking into facts and circumstance of case into account - Impugned order of Magistrate refusing application u/s..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 376, 376C, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 27, 29, Criminal Procedure Code, 1973, Section 439-- Bail - Offence u/ss 376, 376-C of IPC and Ss.22, 27, 29 NDPS Act - Occurrence took place in the year 2013 and FIR and alleged medical came about after more than five years - Plea of consensual relationship - It does not appeal that prosecutrix was forced to snuff the contraband - No medical..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 302, 304(Part II)-- Nature of offence - Accused/SPO in uniform gave kick blows to deceased with his shoes when deceased was lying on the ground - Eye witnesses to the incident clearly demonstrates and proves the guilt of accused - Medical evidence also supports prosecution case - Entire occurrence took place not at..........