Indian Penal Code, 1860, Section 96, Evidence Act, 1872, Section 105 -- Self-defence - Plea of - Burden of proof - Held, burden of establishing plea of self-defence is on accused - Burden stands discharged by showing preponderance of probabilities in favour of that plea on basis of material on record...........
Indian Penal Code, 1860, Section 102,105 -- Private defence - Exercise of - Reasonable apprehension - Held, right commences as soon as a reasonable apprehension of danger to body arises from an attempt or threat to commit offence - - Right lasts so long as reasonable apprehension of danger to body continues...........
Indian Penal Code, 1860, Section 302, 324, 342, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106 -- Conviction u/ss 302, 324, 342 IPC by trial Court, upheld by High Court - Appeal against - FIR was promptly lodged - Injuries on the accused were simple in nature - Evidence of PW's clear, cogent and credible - Where injuries sustained by accused are minor and superficial..........
Indian Penal Code, 1860, Section 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106 -- Right of private defence - Right as to - Summed up...........
Indian Penal Code, 1860, Section 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 302, 34 -- Right of private defence - Four assailants came well prepared to assault the accused - Accused persons could have a reasonable apprehension of death or atleast of grievous hurt - It was a case of single gun shot which was not repeated - It cannot be said that accused persons had..........
Indian Penal Code, 1860, Section 102, 105 -- Private defence - Right of - Commencement and continuance - Right commences when reasonable apprehension of danger to the body arises from an attempt, or threat to commit the offence, although the offence may not have been committed but not until that there is that reasonable apprehension - The right lasts so long as the..........
Indian Penal Code, 1860, Section 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106 -- Right of private defence - Law summed up...........
Transfer of Property Act, 1882, Section 105, Easement Act, 1882, Section 52 -- Lease or licence - Nomenclature in the document is not the governing factor - The essential feature that distinguishes a lease from licence is always a transfer of interest in the demised property in a transaction of lease while a licensee does not involve any such transfer of interest - Further..........
Civil Procedure Code, 1908, Section 96, 105, Order 37, Rule 3(6) -- Summary suit - Leave to defend - Conditional leave - Revision against - Maintainable - In case no revision is filed it is permissible for the defendant to raise the said contention in the appeal...........
Indian Penal Code, 1860, Section 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106 -- Right of private defence - Right of defence - It is a defensive right given by IPC - It is a right of defence, not of retribution extended to repel unlawful aggression - Not as a retaliatory measure - A right to defend does not include a right to launch an offensive, particularly when the..........
