Indian Penal Code, 1860, Section 299, 300 -- Murder or culpable homicide not amounting to murder - Single injury - According to prosecution, deceased suffered a single injury on the back of his head and that too by a blunt weapon like lathi - Held, a single injury caused by lathi, which had resulted merely in a linear fracture, cannot be held to be so "imminently dangerous..........
Indian Penal Code, 1860, Section 304(Part II), 323 -- Culpable homicide not amounting to murder - Simple hurt - Proof - There was a fatal single blow on the head caused by accused with the knowledge that it is likely to cause death, but without any intention to cause death or such bodily injury is likely to cause death and further that accused `K' had dealt Danda blow on..........
Criminal Procedure Code, 1973, Section 482, Customs Act, 1962, Section 110, 111, 135, Indian Penal Code, 1860, Section 379 -- Quashing of complaint - 79 gold biscuits of foreign markings were recovered from the possession of petitioner - Held, mere possession or dealing with such gold, in any manner, is an offence punishable under the Act - Whether the gold biscuits were..........
Indian Penal Code, 1860, Section 304(Part II), 338 -- Rash and negligent act - Mutually destructive charges - Accused alleged to have driven his car in a rash and negligent manner and caused death of 7 persons and injured 8 others - Accused charged for offences u/ss 304(Part II) & 338 IPC - Contention on behalf of accused that two charges are mutually destructive and..........
Practice and procedure -- Prejudice to accused - It has to be shown that accused has suffered some disability or detriment in the protections available to him under the Indian Criminal jurisprudence - Courts should make a close examination to ascertain whether there was really a failure of justice or whether it is only a camouflage, as this expression is perhaps too..........
Indian Penal Code, 1860, Section 324, 325 -- Simple hurt - Separate conviction u/s 324 - Held, as S.325 IPC being major section of the same category of S.324 IPC in which the higher punishment has been provided thus, no separate conviction could be held against appellants u/s 324 IPC if they are held guilty u/s 325 IPC...........
Consumer Protection Act, 1986, Section 2(1)(g), Motor Vehicles Act, 1988, Section 157 -- Indian Motor Tariff Rules, GR 17 - Insurance claim - Repudiation - Ground that there was no contract between the complainant No.2 and the Insurance Company as the Insurance Policy was not got transferred in the name of purchaser - The purchaser of the vehicle failed to comply with the..........
Criminal Procedure Code, 1973, Section 167(2)(a), Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Period of custody - Held, u/s 306, IPC offence can be punished for a term of imprisonment which may extend to ten years which shows that imprisonment under this Section can be for a period of less than ten years and such case would not be covered by clear..........
Evidence Act, 1872, Section 73 -- Comparison of signatures - Exercise of power by court - Held, with regard to Section 73 of the Indian Evidence Act, 1872, it is common judicial parlance that normally the Courts should be slow to compare disputed document with admitted document for comparison although Section 73 empowers the Court to compare disputed writings with the..........
Indian Penal Code, 1860, Section 441 -- Criminal trespass - Intention to commit an offence or to intimidate, insult or annoy the person in possession of the property is an essential ingredient. The section pre-supposes the possession of the property of another person who is the lawful owner...........
