Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 323, 341, 147, 148, 149 -- Bail - Murder - Petitioner 80 years old - No specific role has been assigned to the petitioner - He was not armed with any weapon and was empty handed - Further detention as an under trial not warranted - Bail granted...........
Motor Vehicles Act, 1988, Section 128, 149, 166 -- Accident - Contributory negligence - Mere fact that a motor cycle was carrying two pillion riders cannot ipso facto give rise to an inference of contributory negligence unless it is positively proved that such carrying of two pillion riders actually contributed to accident...........
Civil Procedure Code, 1908, Section 149 -- Deficient Court fee - Provision of S.149 empowers Court to retrospectively validate insufficiency of stamp duties etc. - It is usual practice that Court provides an opportunity to the party to pay court fee within a stipulated time and on failure of which Court dismisses the appeal - It is usual practice of Court to use the..........
Civil Procedure Code, 1908, Section 149 -- Payment of deficient court fee - Extension of time - Concealment of material fact while seeking extension of time is a ground for dismissal of application...........
Civil Procedure Code, 1908, Section 149 -- Payment of deficient court fee - Extension of time - Non payment of court fee due to financial difficulties - Party facing a situation like this, does not deserve the dismissal of original suit by Court for non payment of court fee...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 149 -- Delay - Condonation - Delay in paying court fee condoned - Held, there is no reason in rejecting the application for condonation of delay in filing the appeal...........
Indian Penal Code, 1860, Section 302, 323, 147, 149 -- Murder - Appeal against Conviction - Accused acquitted - Allegation that, due to enmity between parties, accused persons came with blunt weapon at the place of incident & inflicted injuries on complainant party as a result of which one person died - Neither any blood oozed out from body of deceased nor any blood..........
Indian Penal Code, 1860, Section 302, 149 -- Murder and unlawful assembly - Proof - Accused persons armed with battle-axe, axe, spear and sticks and having formed unlawful assembly allegedly assaulted deceased and injured persons who intervened in assault - Political rivalry and land disputes between parties - Motive established - Evidence of injured witnesses clear and..........
Indian Penal Code, 1860, Section 302, 149, 324, 34 -- Murder or hurt - Proof - Accused A-2 charged for offences u/ss 147, 148 and 302 r/w S.149 IPC - Only overt act attributed to accused that he beat victim who intervened during attack with blunt axe on his back side - Medical Officer opined that injury was simple in nature - Held, accused A-2 is liable to be convicted for..........
Indian Penal Code, 1860, Section 302, 148, 149, 307, 323, 324, 326, 427, 447 -- Murder - Unlawful assembly - Common object - Primary intention of unlawful assembly was to dispossess complainant party - Appellants aim was to assault PW1 and when deceased and others intervened, fatal injuries caused to deceased - Deceased died after 11 days - Eye witness support prosecution..........
