Indian Penal Code, 1860, Section 302, 84 -- Murder - Plea of insanity - Evidence on record proves that accused was suffering from disease of Schizophrenia not only before the incident, but also at the time of incident as also subsequent to incident and thus entitling him to benefit of exception carved out in S.84 IPC - Burden of proving existence of circumstances bringing..........
Indian Penal Code, 1860, Section 84, Evidence Act, 1872, Section 105 -- Insanity - Burden of proving plea of insanity lies on accused...........
Indian Penal Code, 1860, Section 84, Evidence Act, 1872, Section 105 -- Insanity - Burden lies on accused to prove plea of insanity - Merely by saying about mental status of a person without any document to substantiate the same cannot be said to be proved for the purpose of accepting the plea of insanity - Oral statement must be supported by documentary evidence...........
Indian Penal Code, 1860, Section 302, 307, 325, 84 -- Murder of 2 years old girl - Plea of insanity - Accused dashed the head of deceased against the wall, as a result she died and also assaulted the mother of deceased - Plea of insanity never taken in the course of investigation, rather it was taken first time in the course of trial - No document produced by defence in..........
Limitation Act, 1963, Section 5, 29(2), Assam Value Added Tax Act, 2003, Section 81, 84 -- Revision petition filed in High Court u/s 81 of the Act - Condonation of delay - Provision of S.5 of the Act is not applicable to proceedings u/s 81 of 2003 Act by virtue of language employed in S.84 of 2003 Act...........
Indian Penal Code, 1860, Section 84 -- Legal insanity - Accused is not expected to prove legal insanity beyond doubt - Proof required is of mere preponderance of probabilities...........
Indian Penal Code, 1860, Section 84 -- Plea of insanity - Can only be taken as defence during trial - Said plea cannot be taken for throwing out Final report, as standard of proof required is only by proof through preponderance of probabilities and not proof beyond doubt...........
Constitution of India, 1950, Article 84, Representation of the Peoples Act, 1951, Section 30, 33, 36, 100 -- Election petition - Filing of nomination - Act does not prohibit to file nomination uptill 3 p.m. but if more than one candidate filed nomination papers before or at 3 p.m., of last day of filing nominations, then Returning officer is bound to accept it - Moreover,..........
Constitution of India, 1950, Article 84, Representation of the Peoples Act, 1951, Section 30, 33, 36, 100 -- Election petition - Filing of nomination - Act does not put rider that each candidate has to be administered oath individually - Therefore, natural inference can be drawn that oath can be administered in a group...........
Indian Penal Code, 1860, Section 84 -- Unsoundness of mind - Not only mental illness but mental retardation which is an infirmity of mind by birth also falls within definition of unsoundness of mind...........
