Indian Penal Code, 1860, Section 299 Clause (b), 300 -- Murder - Culpable homicide and murder - Under clause thirdly of Section 300 IPC, culpable homicide is murder, if both the following conditions are satisfied : i.e. (a) that the act which causes death is done with the intention of causing death or is done with the intention of causing a bodily injury; (b) that the..........
Indian Penal Code, 1860, Section 299 -- Clause (b) and 300 - Murder - Culpable homicide and murder - Difference between Sections 299(b) and 300 - The difference between Clause (b) of Section 299 and Clause (3) of Section 300 is degree of probability of death resulting from the intended bodily injury - Prosecution must prove the following acts before it can bring a case..........
Indian Penal Code, 1860, Section 299 -- Clause (b) and 300 - Murder - Culpable homicide and murder - Under clause thirdly of Section 300 IPC, culpable homicide is murder, if both the following conditions are satisfied : i.e. (a) that the act which causes death is done with the intention of causing death or is done with the intention of causing a bodily injury; (b) that the..........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Three main ingredients of offence u/s 304-B IPC are : (a) that, there is a demand of dowry and harassment by the accused on that count; (b) that, the deceased died; and (c) that, the death is under unnatural circumstances within seven years of the marriage - When these factors are proved by reliable..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Demand of payment not made in notice - Held, it is not a legal notice strictly in terms of Section 138(b) of the Act...........
Criminal Procedure Code, 1973, Section 311 -- Indian Penal Code, 1860, Sections 302, 201 and 120-B - Re-examination of witnesses - Allowed by Sessions Judge - Revision - It is necessary for prosecution to disclose grounds on which witnesses were sought to be re-examined - Impugned order did not disclose any cogent reason for re-examination of witnesses - Held, that in..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cause of action - If the cheques are dishonoured and no demand notice is issued, then the cause of action does not accrue under Section 138 of the Act - Cause of action accrues only when, after receipt of information of dishonour of a cheque; (a) a written notice is given within 15 days to the drawer..........
Consumer Protection Act, 1986, Section 13(3B), 17(1)(b) -- Interim order - Revisional jurisdiction - interference by State Commission - Plea that appeal filed against interim order not maintainable repelled in view of provisions of Section 17(1)(b) - Held that ordinarily interim order should not be interfered with - But when it is apparent on the face of the facts, as in..........
Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 3(1)(b) -- Maintenance - Expression `maintains' - Divorced Muslim Woman -Expression "maintains" in Section 3(1 )(b) does not refer to a pre-divorce period - After divorce, if the divorced wife maintains the children, then and then alone, she will be entitled to payment under Section 3(1 )(b) of the Act -Fact..........
Lok Adalat -- Matrimonial dispute - Permanent Lok Adalat - Divorce by mutual consent - Permanent Lok Adalat has no jurisdiction to pass a decree of divorce by mutual consent as jurisdiction of Permanent Lok Adalat is confined only to public utility service and matrimonial dispute is not a public utility service. (Legal Services Authorities Act, 1987, Section 22B r/w..........
