Indian Penal Code, 1860, Section 300, 96, 97, 98, 99, 100, 101, 102, 103 -- Culpable homicide not amounting to murder - Plea of private defence - Culpable homicide is not murder if offender, in exercise in good faith of right of private defence of person or property, exceeds the power given to him by law and causes the death of the person against whom he is exercising such..........
Indian Penal Code, 1860, Section 300, 96, 97, 98, 99, 100, 101, 102, 103 -- Culpable homicide not amounting to murder - Plea of private defence - Available only when (1) offender had the right of private defence of person or property but he had exceeded such right by causing death; (2) that such right was exercised in good faith and without premeditation and without any..........
Indian Penal Code, 1860, Section 300, 96, 97, 98, 99, 100, 101, 102, 103 -- Culpable homicide not amounting to murder - Plea of private defence - Accused were the aggressors in the incident that led to the death of deceased - Incident took place in the house of complainant and not at the house of accused as alleged by them - Moreover neither deceased nor others examined as..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Framing of issues - Executing Court is not bound to frame issues if objections on the face of it are frivolous and vexatious...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Executing Court without application of mind has framed the issues, at the stage when the JDs. were left with absolutely no right, title or interest in the suit property - Objection Petition is nothing but a contrivance of JDs in collaboration with the objectors to further delay and dilate..........
Indian Penal Code, 1860, Section 97, 99, 100 -- Private defence - Group fighting - Right of private defence is not available to either of the parties in incidents of group fighting, but that is not a rule without exception - In the instant case injured person given deep knife blow on his back and he retorted by using licensed firearm and killed one of his rivals in the..........
Criminal Procedure Code, 1973, Section 97, Hindu Minority and Guardianship Act, 1956, Section 6 -- Search warrants - Custody of minor - Father forcibly removed his suckling child of 18-1/2 months from custody of his mother - Act of father of placing the child beyond the reach of mother tantamounts to confinement of child giving rise to an offence - Issuance of search..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Objectors claiming ownership and possession in derogation to the claim of their mother (JD) whereas they have no independent claim, right, title or interest - Even the pleas of ownership by adverse possession taken by their mother (JD) is rejected in second appeal - Plaintiff has already..........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99, 100, 101, 102, 103 -- Execution - Objections - Questions pertaining to right, title or interest in the property arising between parties and claim of a stranger who apprehends dispossession or has already been dispossessed from immovable property - Executing Court to adjudicate the lis and the purpose is to avoid..........
Civil Procedure Code, 1908, Section 115, Order 21, Rule 97, 98, 99, 100, 101, 102, 103 -- Execution - Objections - Executing Court expressed an opinion that it has become functus oficio and hence, it cannot initiate or launch any enquiry - Jurisdiction of High Court invoked under article 227 of Constitution assailing the order on the foundation that executing court had..........
