Indian Penal Code, 1860, Section 302 -- read with Section 149 and Section 147 - Appeal against conviction - Dying declaration - Pouring of Kerosene and setting ablaze with a match-stick the deceased - Individual act of `T' - Other accused-appellants cannot be attributed with the common object or intention to cause the death of `S' - Conviction of `T' sustained under..........
Criminal Procedure Code, 1973, Section 228 - - Penal Code, 1860, Sections 306 r/w 116 - Framing of charge - Revision - Held that in the present case it is alleged that there is demand of dowry and the complainant was being harassed. She did not succeed in her attempt to put an end to her life. Section 306 IPC will not be attracted because when there is specific provision..........
Criminal Procedure Code, 1973, Section 228 -- Penal Code, 1860, Section 304B r/w Section 511 - Framing of charge - Revision - Held that it is not the prosecution case that the persistent demand of dowry was with a view that complainant would commit dowry death. The demand was being made to get more dowry. It is not the prosecution case that petitioners were driving her..........
Criminal Procedure Code, 1973, Section 181(4) -- Complaint under section. 406 IPC - Summoning order - Territorial jurisdiction - Petition for quashing - Held that in view of the provisions of Section 181(4) Cr.P.C. the Court at Morad Nagar, where the property was entrusted and being retained has the jurisdiction to try the case. The mere fact that the complainant after..........
Criminal Procedure Code, 1973, Section 482 -- Insecticide Act, 1968, Section 30(3) - Question of facts - Quashing proceedings - The defence which are taken by the dealer u/S.30(3) of the Insecticides Act are the defences of facts, which can only be proved by leading evidence before the Magistrate and inquiry cannot be embarked upon by the High Court while exercising the..........
Insecticides Act, 1968, Section 24(3) -- Proceedings pending - The proceeding will be deemed to be pending within the meaning of Section 24 of the Act since the person from whom the offending sample was taken has been informed about the report of the Public Analyst Such a person can exercise his right by applying to the Magistrate that the second sample may be sent for..........
Civil Procedure Code, 1908, Section 96, Order 23, Rule 3 -- Maintainability of appeal - Always open to a party to suit to contend that there has been no compromise or adjustment - Such denial if made - Court has to satisfy itself and decide said question - Court passed judgment and decree in tune with compromise while determining said question - Such judgment and decree..........
Land Acquisition Act, 1894, Section 51A, 23 -- Mere tendering of a copy of registered sale deed in evidence even though execution of document is proved - No proof of truth of contents of such document - Not correct that by virtue of Section 51-A certified copies of sale deeds enough to prove contents thereof - Mere tendering of certified copies of sale deeds in evidence -..........
Land Acquisition Act, 1894, Section 23 -- Sale instances came about 3 years before Notification under Section 4 and formed part of acquired land - Very small pieces of land as compared to land under acquisition - Cannot be relied upon for determining market value...........
Constitution of India, 1950, Article 226, 227 -- Criminal Procedure Code, 1973 - Section 482 - Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, Section 4 - Furlough - Temporary release can be denied to a prisoner only in the event where his release would endanger the security of the State or maintenance of public order. But the mere fact that the release of..........
