By applying principles incorporated in S. 222(2) CrPC, the court can consider whether the accused has committed any other offence which is a minor offence in comparison to the offence for which he is tried. Causing grievous hurt by act endangering life or personal safety of others – At that relevant time, the bus was […]
Order of High Court reversing acquittal of appellant-accused and convicted him under S. 302 IPC for murdering his wife in case resting on circumstantial evidence, quashed and set aside. the dead body of an unknown married woman aged about 25 years was lying in a field on the side of the railway track at Ambalgisan
Penal Code, 1860 — S. 302 — Appeal against acquittal from Murder of wife alleged Read More »
The buyer having performed his part of contract and lawfully in possession acquires possessory title which is liable to be protected in view of S. 53-A TPA. Such possessory rights of the buyer cannot be invaded by the seller/transferor or any person claiming under him. Once seller parted with possession of suit property by putting
Transfer of Property Act, 1882 — S. 53-A — Applicability Read More »
In case of complaint filed before authority concerned with accusations of creating nuisance by opening shop that attracted anti-social elements and road romeos, and created all sorts of problems, whether could amount to defamation, discussed. Applicability of S. 499 Exception 8, determined. The learned Magistrate committed a serious error in taking cognizance on a complaint,
Defamation ? -Penal Code, 1860 — S. 499 Exception 8 and S. 500 r/w S. 52 Read More »
A Complaint dated 13.04.2012 at 8:10 a.m was filed with the Koheer Police Station, Telangana, stating that on 08.04.20I2 at 9.00 p.m, accused 1-6 came to the Complainant’s house, physically assaulted his Mother, (Deceased), A1 further kicked forcefully on her stomach, due to which, she fell on ground and subsequently died in the hospital on
It is a case in which rape was committed on the prosecutrix by three accused, namely Avtar Singh, Sohal Lal, and Gian Singh, though one of them was acquitted by the trial court. However, the involvement of the appellants was proved beyond any doubt. Plea taken by them in defence was not found to be
Two questions- Whether the construction on an encroached land is protected under Section 51 of the Constitution of India? Whether silence of defendant at the time of construction would amount to estoppel of her right to claim her property in question? The Supreme Court stated that to fall under the scope of Section 51 of the Transfer
Any physical disability resulting from an accident has to be judged with reference to the nature of the work being performed by the person who suffered the disability. The Appellant has filed the present appeal aggrieved against the order of High Court reducing amount of compensation. The Appellant has raised a limited argument that the
Factors and parameters that need to be kept in mind by court, summarized. While the right to liberty and presumption of innocence are vital, the court must also consider the gravity of the offence, the impact on society, and the need for a fair and free investigation. it is essential to ensure that all the
Criminal Procedure Code, 1973 — S. 438 — Grant of Anticipatory bail Read More »
Proportionality/Balancing of Aggravating and Mitigating Circumstances: Principle of proportionality should guide sentencing process. All the accused were found concurrently guilty under Section 148 IPC; they were armed with different kinds of implements and weapons, that were capable of inflicting deadly injuries. The postmortem report of Subhash revealed at least six serious head injuries, including fracture
Criminal Law — Criminal Trial — Sentence — Principles for sentencing Read More »
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