Indian Penal Code, 1860, Section 499 -- Defamation - Essence of publication in the context of S.499 IPC is communication of defamatory imputation to persons other than persons against whom imputation is made...........
Indian Penal Code, 1860, Section 502 -- Defamation - To constitute an offence u/s 502 IPC, it must be established that accused is not only the owner of newspaper but also sold or offered the newspaper for sale...........
Indian Penal Code, 1860, Section 499, 501 -- Defamation - Publication of news item - If content of any news item carried in a newspaper is defamatory as defined u/s 499 IPC, mere printing of such material `knowing or having good reason to believe that such matter is defamatory' itself constitutes a distinct offence u/s 501 IPC...........
Indian Penal Code, 1860, Section 501, 502 -- Defamation - Publication of news item - Acts of printing or selling or offering to sell need not only be physical acts but include the legal right to sell i.e to transfer the title in goods/the newspaper...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 500, 501, 502 -- Quashing of proceedings - Defamation - Publication of news item - Content of appellant's compliant disclose facts necessary to establish commission of one or all of the alleged offences - Whether there is sufficient evidence to establish the guilt of accused for alleged offences..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 120B, 148, 149, 186, 188, 307, 353, 395, 427, 436, 452, Arms Act, 1959, Section 25, Prevention of Damage to Public Property Act, 1984, Section 3, 4 -- Regular bail - There is direct evidence about involvement of accused in crime as PWs in their statements u/s 161, 164 Cr.P.C. have named the..........
Indian Penal Code, 1860, Section 302 -- Death of consuming poisonous liquor - Non recovery of material evidence i.e. liquor bottle and its residue as well as steel tumbler which allegedly contained poison - Liquor whether contained poisonous substance goes unanswered in the absence of recovery of these material objects - Accused acquitted...........
Indian Penal Code, 1860, Section 304(Part II) -- Culpable homicide not amounting to murder - Accused truck driver allegedly crushed constable/deceased - Two witnesses admitted that it was dark night at the time of occurrence and accused ran away after crushing deceased - They could not see in which direction accused ran away due to darkness of night - At the relevant time..........
Indian Penal Code, 1860, Section 148, 149, 341, 504 -- Unlawful assembly - Common object - Accused formed an unlawful assembly with an intention to assault injured witnesses - They in prosecution of their common object and armed with weapons like clubs and iron rods wrongfully restrained injured witnesses from proceeding further, abused them in filthy language so as to..........
Indian Penal Code, 1860, Section 307, 326 -- Accused 11 in number armed with weapons like clubs and iron rods - It was thus, not impossible for them to kill any of injured witness - Abusive words used by accused at the time of incident that they would take away injured cannot be considered as determinative of accused to kill injured - At the best accused would have..........
