Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 323, 325, 452, 427, 354, 201, 341, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), (xi), (s) -- Bail - Offence u/ss 323, 325, 452, 427, 354, 201, 341, 34 IPC and S.3(1)(x), (xi), (s) of SC/ST Act - No allegations regarding uttering derogatory..........
Indian Penal Code, 1860, Section 53 -- Sentence - Sentencing of crimes has to be analyzed on touch stone of three tests viz., crime test, criminal test and comparative proportionality test...........
Indian Penal Code, 1860, Section 326, 452, 34 -- Offence u/ss 326, 452, 34 IPC - Quantum of sentence - Accused entered the house of complainant attacked others present with axe and with sticks - Four people including complainant were injured - Main allegation against accused is that they used an axe to attack victim - In the scuffle, accused were also injured profusely -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 120B, Prevention of Corruption Act, 1988, Section 8, 13(2), 13(1)(d) -- Bail - Cheating - Appellant being member of Parliament and a Senior Member of Bar has strong roots in society and his passport having been surrendered and "look out notice" issued against him - There is no likelihood of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Non-filing of promissory note - Cannot be fatal to case of complainant...........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Complaint u/s 498-A IPC and Ss.3,4 of Dowry Prohibition Act - Settlement arrived at in between the parties - Parties consciously chose to unconditionally drop all proceedings related to marriage inter se including criminal action - Criminal..........
Indian Penal Code, 1860, Section 100 -- Right of private defence - It is essentially a defensive or preventive right circumscribed by statue and not retributive one, therefore, one who himself is an aggressor cannot claim right of private defence...........
Indian Penal Code, 1860, Section 100 -- Right of private defence - Offence u/s 304(Part I) IPC - There was quarrel and mutual fight between deceased and accused - Accused brought hoe during course of quarrel and inflicted injuries to deceased which led into her death - Plea of private defence rejected...........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Sudden quarrel took place between deceased and accused - Initially accused was not armed with any weapon and he brought hoe during quarrel - Injuries caused to deceased by blunt side of weapon - Accused did not take any undue advantage while inflicting injuries - There is no premeditation on the part..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 448, 380 -- Quashing of proceedings - Offence u/ss 448, 380 IPC - Issues raised reflect a civil dispute with regard to inheritance amongst legal heirs - Civil proceedings in that regard are already instituted by various parties including complainant - Even otherwise, entire allegations with regard..........
