Ranbir Penal Code, 1989, Section 306, 498A -- Dowry death - Deceased had sustained burn injuries in matrimonial home - Charge framed u/ss 302 read with Section 34 RPC - High Court upheld the conviction for offence punishable u/s 306 and 498-A of Code - Two versions of deceased out of which one relating to suicide and other relating to murder - Court was required to..........
Probation of Offenders Act, 1958, Section 4 -- Appellant was charged with commission of offence under Section 302 of the Indian Penal Code - He has been found guilty u/s 304 Part I - Provisions of the Act are not applicable...........
Indian Penal Code, 1860, Section 300 -- Ingredients of provision of Section 300 held to be proved when injury was caused on a vital part of the body with knowledge that it may cause death or such injury which is likely to cause death...........
Indian Penal Code, 1860, Section 300 -- Fact that appellant had given one blow with knife would not bring the case within the purview of `Thirdly' of Section 300 wherefor Court is required to take into consideration the surrounding circumstances...........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Scope of S.197 - Held, cognizance of any offence, by any court, is barred by S.197 of the Code unless sanction is obtained from appropriate authority, if offence, alleged to have been committed, was in discharge of official duty - Section not only specifies persons to whom protection is afforded but..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Official duty - Meaning of - Held, use of expression, `official duty' implies that act or omission must have been done by public servant in course of his service and that it should have been in discharge of his duty - Section does not extend its protective cover to every act or omission done by a..........
Prevention of Corruption Act, 1988, Section 7, 13 -- Illegal gratification - Legal position in a trap case summarized viz. (i) To succeed in such a case, the prosecution is obliged to prove the previous demand of bribe, its acceptance and the recovery of tainted money; (ii) The demand can be proved by the testimony of the complainant as well from the complaint made by him..........
Industrial Disputes Act, 1947, Section 33 -- C(2) - Limitation - There is no limitation provided for making a claim under Section 33(C)(2) of the Act...........
Consumer Protection Act, 1986, Section 2(1)(g), Insurance Act, 1938, Section 45 -- Insurance policy - Revival of policy - For the purpose of Section 45 of the Insurance Act, 1938, the period of two years has to be counted from the date on which the policy was originally affected and not from the date of the revival the policy...........
Indian Penal Code, 1860, Section 300 -- Existence of good faith is a must to claim benefit of Exception 2 to Section 300 - Benefit of Exception 2 to Section 300 may be available if the accused was not the aggressor...........
