Transfer of Property Act, 1882, Section 54, Indian Contract Act, 1872, Section 25 -- Sale deed - Nominal sale consideration - If elder brother had come to the help of younger brother, discharging his debtors and executing a sale deed mentioning a nominal sale consideration, it cannot to be said to be a sale without consideration...........
Indian Contract Act, 1872, Section 17 -- Fraud - Feigned ignorance about nature of document - Cannot be said to be an instance of fraud...........
Indian Penal Code, 1860, Section 302 -- Murder - Accused indulged in pick pocketing and some dispute arose between parties on account of share of money so obtained by pick pocketing - Six ante mortem injuries have been caused on body of deceased by axe - Use of axe in commission of offence also stood proved - Doctor stated that three injuries caused by separate blows and..........
Indian Penal Code, 1860, Section 304A, 279 -- Death by rash and negligent driving - Reduction of sentence - Accused has undergone total sentence of 6 months and 6 days including remission - FIR was registered in 2015 and accused has faced agony of trial for more than 6 years - Accused is a first offender and only bread earner of family - Sentence of accused reduced to..........
Indian Penal Code, 1860, Section 427, 447, 506, 120B, 34 -- Offence u/ss 427, 447, 506, 120-B, 34 IPC - Offence by company - Chairman, Managing Director, Executive Director, Deputy General Manager, Planner and Executor cannot automatically be held vicariously liable for offence in question, unless there are specific allegations and averments against them with respect to..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 364, 201, 120B, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Bail - Murder - FIR contains serious allegations against accused - Accused cannot claim parity with co-accused since allegations in FIR and material that has emerged from..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Marriage between accused and victim - Factum of marriage having been solemnized between accused and victim cannot be a legal ground to absolve accused from criminal liability, if alleged offence is otherwise proved against him - Said factum of marriage is a relevant fact only to evaluate veracity of..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Victim did not support prosecution case - Evidence on record not proved that victim was a minor at the time of alleged offence - Victim has categorically stated that she had accompanied accused of her own will more than once and had maintained relations with him voluntarily - Factum that victim and..........
Indian Penal Code, 1860, Section 304(Part I), 304PartII, 34 -- Nature of offence - Incident occurred one day prior to Panchayat elections - Scuffle had taken place between parties on spur of moment and a sudden fight had taken place in the heat of passion upon a sudden quarrel - Occurrence was not a pre-mediated one and there was no intention on part of accused and..........
Indian Penal Code, 1860, Section 302, 34 -- Triple murder case - Testimony of PW1 and PW2 - PW1 and PW2 have categorically stated in their evidence that accused fired shots with their weapons and killed deceased persons - It is also established that accused `S' was also carrying a half gun - Cumulative reading of evidence of PW1 and PW2 along with other material evidence..........
