Showing : 1-10 of 12 Results

SUPREME COURT OF INDIA
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 120B, 121, 121A, 186, 353, 302, 468, 471, 474, 420, Arms Act, 1959, Section 25, Explosive Substances Act, 1908, Section 4, Foreigners Act, 1946, Section 14-- Militant attack on Lal Quila - Appellant was responsible for incident of shooting inside Lal Quila (Red Fort) which resulted in death of three soldiers of Army - Incident was result of well planned conspiracy between appellant and some other militants including deceased Abu Shamal who was killed..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 120B, 121, 121A, 186, 353, 302, 468, 471, 474, 420, Arms Act, 1959, Section 25, Explosive Substances Act, 1908, Section 4, Foreigners Act, 1946, Section 14-- Militant attack on Lal Quila - Death sentence - Validity - Attack on Indian Army unit stationed in Red Fort resulting in death of three persons - Held, attack amounts to waging war against India - There can be no question of compromising - Case falls in the category of rarest of rare cases -..........
KERALA HIGH COURT
Year of decision: 2010
Details
Unlawful Activities (Prevention) Act, 1967, Section 43D(5)-- Proviso - Bail - Accused joined as member in the conspiracy arranged for facilitating terrorism and thereby waging war against the Nation and in furtherance of their common intention and knowledge, they along with the other accused aided and assisted in facilitating terrorism by attending the..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Indian Penal Code, 1860, Section 121, 121A-- Waging or attempting to wage war or abetting waging of war against Government of India - Conspiracy to wage war - Attack on Parliament House - Parliament is a symbol of sovereignty of Indian Republic - Targeting Parliament House and with a view to lay a siege at the time parliament was in session,..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Criminal Procedure Code, 1973, Section 196, Indian Penal Code, 1860, Section 121, 121A-- Sanction - Waging war - Non application of mind by sanctioning authority - Absence of recital of facts or proof of consideration of such facts - As per sanction letter it was clear that Authorities had reached the satisfaction that accused had prima facie committed offences - Sanction order valid...........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Criminal Procedure Code, 1973, Section 196, Indian Penal Code, 1860, Section 121, 121A-- Sanction - Waging war - Non application of mind by sanctioning authority - Inclusion of section 120-B for which no sanction was required and inclusion of section 124 which has no application - Whether amounts to non application mind - Held No - Meticulous and legalistic examination not expected at..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Indian Penal Code, 1860, Section 107, 120B, 123-- Conspiracy - Charge of conspiracy not proved - Unless charge of conspiracy is proved beyond reasonable doubt - Accused not guilty of conspiracy - However knowledge of conspiracy proved - Failure to inform - Duty bound to inform police or magistrate u/s 39 Cr.P.C. - Illegal omission to apprise the..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Indian Penal Code, 1860, Section 121-- Waging or attempting to wage war or abetting waging of war against Government of India - War - Whether formal declaration of war by Central Govt. required - Held No - Word War in section 121 is not synonymous with war in International Law...........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Indian Penal Code, 1860, Section 121-- Waging or attempting to wage war or abetting waging of war against Government of India - War - War contemplated by section 121 is not conventional warfare between two nations - Organising or joining an insurrection against govt. is also form of war...........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Indian Penal Code, 1860, Section 121-- Waging or attempting to wage war or abetting waging of war against Government of India - Foreign nationals - Whether foreign nationals can be charged for waging war or for high treason - Held Yes - Word whoever includes foreign nationals - Foreign national can also be tried u/s 121 for waging war..........

Showing : 1-10 of 12 Results