Indian Penal Code, 1860, Section 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106 -- Right of private defence - Free fight - Number of accused persons 18 - Three of them came in a tractor with guns - Theory of free fight is excluded...........
Indian Penal Code, 1860, Section 302, 97, 98, 99, 100, 101, 102 -- Private defence - Deceased was not only a Karate expert but also armed with a knife - Accused apprehended injury at the hands of deceased - Accused exercised the right of private defence - At best it can be said that accused exceeded the right of private defence - Conviction altered from S.302 to S.304(1)..........
Indian Penal Code, 1860, Section 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, Evidence Act, 1872, Section 105 -- Private defence - Onus to prove is on accused - Plea can be established either by defence evidence or from the prosecution evidence - It cannot be based on speculation or mere surmises - Plea need not to be taken explicitly - There must be circumstances..........
Civil Procedure Code, 1908, Order 21, Rule 98, 100, 102, 29, Transfer of Property Act, 1882, Section 52 -- Transferee pendente lite - Rr.98 & 100 of O.21 CPC do not apply to transferee pendente lite - A transferee from a judgment debtor is presumed to be aware of the proceedings before a Court of law - R.102 recognises the doctrine of lis pendens enshrined in S.52 of TPA -..........
Indian Penal Code, 1860, Section 96, 97, 98, 99, 100, 101, 102, 103, 104, 105 106 -- Right of private defence - Appellants armed with weapons came to field where complainant party was cultivating and attacked them - One of the members of complainant party died - Appellants were aggressive and they attacked the complainant party when they were totally unarmed - Right of..........
Indian Penal Code, 1860, Section 96, 97, 98, 99, 100, 101, 102, 103, 104, 105 106 -- Private defence - All the sections i.e. Ss.97 to 106 IPC have to be read together to ascertain whether accused are entitled to right of private defence in the facts and circumstances of the case - When all the sections are read together we get comprehensive view of the scope and limitation..........
Indian Penal Code, 1860, Section 96, 97, 98, 99, 100, 101, 102, 103, 104, 105 106 -- Private defence - Can be used only to ward off unlawful force, to prevent unlawful force, to avoid unlawful detention and to escape from such detention...........
Indian Penal Code, 1860, Section 96, 97, 98, 99, 100, 101, 102, 103, 104, 105 106 -- Right of private defence - Arises only if the apprehension is unexpected and one is taken unaware - If one enters into an inevitable danger with the fullest intimation before hand and goes there armed to fight out, the right cannot be claimed - This right is purely preventive and not..........
Indian Penal Code, 1860, Section 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106 -- Right of private defence - Appellants armed with weapons came to field where complainant party was cultivating and attacked them - One of the members of complainant party died - Appellants were aggressive and they attacked the complainant party when they were totally unarmed - Right of..........
Indian Penal Code, 1860, Section 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106 -- Private defence - All the sections i.e. Ss.97 to 106 IPC have to be read together to ascertain whether accused are entitled to right of private defence in the facts and circumstances of the case - When all the sections are read together we get comprehensive view of the scope and..........
