Indian Penal Code, 1860, Section 307, 326, 149 -- Group clash - Injured sustained fracture of wrist joint - Another injured sustained fracture of left knee joint - Injuries not on vital parts of the body - Conviction under Section 307 IPC is bad - Case fall within the domain of Section 326 IPC...........
Indian Penal Code, 1860, Section 304A -- Negligent driving - Circumstantial evidence - Accused driver of bus gave dash to police officer in uniform who was trying to stop the vehicle - Police officer died - No turn or bend on road at the place of incident to prevent driver from noticing a police officer - There were speed breakers near the spot - Accused negligent -..........
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, Indian Penal Code, 1860, Section 336, 452, 427, 323, 506 -- Bail - Offence u/s 336, 452, 500 IPC and SCST Act - Section of SCST Act under which offence committed not mentioned - Dispute is primarily of business dealings - State does not require..........
Indian Penal Code, 1860, Section 300, 304 -- Murder or culpable homicide - Prior to incident there was verbal quarrel between accused and deceased and thereafter they dispersed - Subsequently accused came, waylaid deceased and attacked him with Aruval - Held, act of accused moving from the place where verbal quarrel took place and coming with an Aruval and causing death of..........
Indian Penal Code, 1860, Section 304B, 306 -- Dowry death - Death after three and half years of demand - Since the alleged demand being met is too remote and stale, does not meet the ingredients of Section 304-B of IPC as the same is not 'soon before her death' and so cannot be taken into consideration...........
Indian Penal Code, 1860, Section 300, 304Part II, 34 -- Murder or culpable homicide - Allegations that accused and her husband committed murder of their two years old child by wrongfully confining her in bathroom for 14 days without food as she would bring ill luck to them - Medical evidence showing cause of death due to starvation - Death of child in bathroom established..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Two specific instances taken note of in order to ascribe a meaning to the word 'cruelty' is expressed in Explanation (a) involves three specific situations viz. (i) to drive the woman to commit suicide or (ii) to cause grave injury or (iii) danger to life, limb or health, both mental and physical, and thus involving a..........
Indian Penal Code, 1860, Section 398, 511, Evidence Act, 1872, Section 3 -- Attempt to commit robbery - Seizure of knives from the possession of accused in presence of panches at the scene of offence - Panches not examined - Allegation that accused were holding clubs, but no club seized from the accused - Also no evidence to prove that knives seized were deadly weapons so..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420 -- Dishonour of cheque - Complaint u/s 138 of the Act does not bar another complaint u/s 420 IPC as ingredients of S.420 IPC and Section 138 Negotiable Instruments Act are distinctly different and operate in two different spheres...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Rent Controller is required to ascertain that (i) the applicant is a Non-Resident Indian; (ii) he is owner of the subject premises; (iii) his ownership is more than 5 years old as on the date when he applies for eviction; (iv) the applicant-NRI-landlord has pleaded and explained that he needs the..........
