Indian Penal Code, 1860, Section 302, 34, 304 Part I -- Conviction - Appeal against - Fatal blow inflicted by appellant followed by one given by second accused when deceased confronted him with a query 'why four days ago you got me arrested in a false case' - Assailants would have found deceased in a pugnacious mood - Deceased was smelling alcohol when taken before doctor..........
Criminal Procedure Code, 1973, Section 482 -- Cheating - Private complaint - Cognizance taken - Petition to High Court u/s 482 Cr.P.C. - High Court declining to adjudicate on merits and directed CJM to pass a reasoned order - Reasoned order passed - High Court again declined and left it to CJM at the time of framing the charge - Matter sent to High Court for decision on..........
Service -- Teachers - Privately manager recognised aided schools - `Parity in employment' - All incentives granted to the employees of the government cannot be claimed as a matter of right by the employee under private management, as that would not be within the expression `parity in employment'...........
Chandigarh Housing Board (Allotment, Management and Sale of Tenaments) Regulations -- Regulation 6 - Domicile - In Regulation 6 it is used not in technical sense in which it is used in private international law but what is understood in popular or loose sense which means a person must be having permanent home in Chandigarh or he being there for years with the intention to..........
Indian Penal Code, 1860, Section 103 -- Private defence of property - Causing death of the person who commits such act - Not available when trespass is in respect of an open land...........
Indian Penal Code, 1860, Section 300, 304 Part II -- Private defence of property - Murder - No serious apprehension that death or grievous hurt would be the consequence - There were disputes between the parties and there was also pending litigation - Appellants went to the place of occurrence with guns and deadly weapons - It clearly indicates that there was pre-meditation..........
Indian Penal Code, 1860, Section 103 -- Property - Private defence - Extending to causing death - When? - If the case of accused party is that deceased party committed mischief it should have been committed under such circumstances as may cause reasonable apprehension that death or grievous hurt will be the consequence and then only the right of private defence would..........
Criminal Procedure Code, 1973, Section 195 -- Forged document produced in Court - Private complaint under Ss.468, 471 IPC against accused is maintainable - No requirement that complaint be filed by Court concerned - Bar of S.195 not applicable in such case...........
Indian Penal Code, 1860, Section 300 -- Murder - Injuries on person of accused - No material to show that accused sustained injuries at the same time and place at which deceased and his son sustained injuries - Report of incident not lodged by accused or anyone on the side of defence - Further medical report showing that injuries on person of accused were minor and could..........
Indian Penal Code, 1860, Section 96, 97, 98, 99, 300 -- Private defence - Burden is on accused to prove the plea - However, it is not necessary for the accused to adduce any positive defence evidence to substantiate his plea if the same is highly probabilised by prosecution evidence itself or by other material brought on record...........
