Judgment Search Results Home > Cases Phrase: insecticides act 1968 section 26 notification of poisoning Court: delhi Page 9 of about 365 results (0.122 seconds)

Prashant Manchanda Vs. Lt. Governor of Delhi and anr.

Court : Delhi

Reported in : 139(2007)DLT423; 2007(95)DRJ449

..... a ground to hold that there was an instigation on the part of commissioner of police to abet the commission of suicide, even prima facie. the official acts are protected under sections 76 to 80 of ipc. when a head of department or disciplinary authority suspends a subordinate, in the capacity of head of department, in exercise of powers ..... against the accused persons. he submitted that the suicide note of the deceased inspector comes within the purview of section 32 of the evidence act (2006-(112)-cr.l.j-0027-ap) and the court while deciding a petition under section 482 of cr.p.c. is not expected to screen evidence or to apply the standard as to whether ..... thereby facilitate the commission thereof, is said to aid the doing of that act.11. in order to attract section 306 ipc, the person to abet commission of suicide must do an overt act or some act which instigates the victim to commit suicide. the act so performed must be the immediate cause of the suicide. here, in this case, commissioner .....

Shyam Kumar vs.state ( Nct of Delhi)

Court : Delhi

..... discussion aforesaid, the impugned order dated 1st march, 2016 directing framing of charge against the petitioner for offences punishable under sections 363/366a ipc, section 109 read with section 376d ipc and section 17 read with section 6 pocso act is hereby set aside.15. consequently, the petitioner is discharged of the offences aforesaid in fir no.78/2012 registered ..... prosecutrix to the house of the friend and leaving her alone at the place in the morning would amount to abetment of offence punishable under section 6 of the pocso act.12. the conduct of the petitioner is reflected from the fact that he did not sleep the night prior to the alleged incident because the ..... state has strenuously argued that a prima facie case is made out against the petitioner for the offence punishable under section 17 read with section 6 of pocso act in view of the explanation iii to section 16 pocso act. in other words, the issue is whether criminal liability can be fastened on the petitioner with the aid .....

Union of India Vs. New India Assurance Co. Ltd. and Another

Court : Delhi

Reported in : AIR1997Delhi54

..... derogation to the general law as the matter contained in s. 20, c. p. c. the provisions in the small cause courts act..as to the words 'may be instituted' occurring in that section the high court in : (1987)1callt354(hc) observed :'the use of the expression may be instituted in s. 80 of the ..... passengers, animals or goods specified in chapter vii of the indian railways act. both the obligations on the part of the railways and ..... railways act was, equivalent to shall be institued. section 80 conferredright to institutesuits for compensationagainst the railways for breach of their obligations for carrying .....

State Vs. Bhawna Sharma

Court : Delhi

..... in her suicide note, but these allegations do not show that the co-accused bhawna sharma had committed any overt or covert act which could have led the deceased to commit suicide. an offence under section 306 ipc would be attracted only if there is an abetment for the commission of an offence. the parameters of the abetment ..... , he will be fully within his right to discharge the accused. (4) that in exercising his jurisdiction under section 227 of the code the judge which under the present code is a senior and experienced judge cannot act merely as a post office or a mouth-piece of the prosecution, but has to consider the broad probabilities of ..... more other person or persons in any conspiracy for the doing of that thing and an act or illegal omission takes place in pursuance of that conspiracy, or the person should have intentionally aided any act or illegal omission. the explanation to section 107 says that any willful misrepresentation or willful concealment of a material fact which he is .....

Rupesh Kumar Vs. State

Court : Delhi

..... of criminal jurisprudence that burden of proof is squarely on prosecution to prove its case beyond reasonable doubt. even the prosecution cannot take recourse to section 113a of the evidence act as it provides that under certain conditions the court may presume having regard to circumstances of the case that such suicide had been abetted by her ..... and it was held that commission of suicide is a pre-condition for invoking the offence of abetment of suicide or for raising the presumption under section 113a of the evidence act.29. a perusal of evidence led by the prosecution goes to show that although it is not in dispute that the death of sheela was an ..... and in most of such offences, direct evidence is hardly available and such cases are normally proved by circumstantial evidence, as such, this section has to be read with section 113b of the evidence act which includes the rule of presumption i.e. if death occurs within seven years of marriage in suspicious circumstances then the court shall .....

Rajinder Anand Vs. Union of India and ors.

Court : Delhi

Reported in : ILR1989Delhi202

..... occurred an inadvertent clerical mistake in the grounds of detention. (6) counsel for the petitioner has then urged that the order of detention made under section 3(1) of cofeposa act shows that it has been issued with a view to prevent the petitioner from abetting the smuggling of gold and dealing in smuggled gold otherwise than ..... illegal omission, the doing of that thing.'the activity of the petitioner, as revealed by him in his own statement made under section 108 of the customs act, reveals his entering into agreement for the smuggling of the gold. so, he had abetted the smuggling of the gold. hence, it cannot be held ..... procedure, the petitioner has sought quashment of detention order dated september 7. 1988, issued under section 3(1) of the conservation of foreign exchange and prevention of smuggling activities act, 1974 (hereinafter referred to as 'cofeposa act') and the declaration issued under section 9(1) of cofeposa act. (2) the facts, in brief, are that on august 14, 1988, the .....

Hemant and Others Vs. State NCT of Delhi

Court : Delhi

..... persons were additionally awarded rigorous imprisonment for two years with fine of rs.5,000/- each, on the charge for the offence under section 498-a/34 ipc. 16. the evidence act declares through section 101 that one who desires the court to give judgment as to any legal right or liability depending on the existence of facts ..... the above provision would show that cruelty of the nature covered by explanation (b) is relatable to the presumption clause under section 113-b of the evidence act leading to conviction for the offence under section 304 b ipc. failure of the prosecution to prove such cruelty as is covered by the restricted meaning of the expression given ..... criminal trials, the prime burden of proving the existence of facts (from which complicity of the accused is to be shown) is that of the prosecution. section 59 of the evidence act states that all facts (except the contents of documents or electronic records) may be proved by oral evidence. this is subject to the qualifying norm in .....

Janak Rani & Ors. Vs.state (Nct of Delhi)

Court : Delhi

..... 18 of 19 interaction. in case of suicide of a married women in certain circumstances there may be raised presumption of abetment (in terms of section 113- a of evidence act, 1872). but, in other cases involving allegations of abetment of suicide, the court must search for evidence of aiding or instigation etc. further, ..... the suicide would fall short as well of the offence of abetment essential to attract the punitive mandate of section 306 ipc. contiguity, continuity, culpability and complicity of the indictable acts or omission are the concomitant indices of abetment. section 306 thus criminalises the sustained incitement for suicide. ipc, 24. in ashok kumar gupta (supra), this ..... precisely for this reason that the trial court was not inclined to raise presumption under section 113-b of indian evidence act, 1872. if there was no sufficient evidence to raise such presumption under section 113-b of the evidence act, it is doubtful if on the same facts and evidence finding of guilty can be .....

Sanjeev Saxena Vs. State (Nct of Delhi)

Court : Delhi

..... were also discharged by the trial court from the charges against them. the only charge framed by the trial court against the petitioner is under section 12 of pc act with an observation that the material brought on record was sufficient to manifest his intention or knowledge to facilitate the commission of crime. it was also ..... no confidence motion in the parliament.8. per contra, learned app for state urged that the petitioner was involved in commission of the offence under section 12 of pc act. the audio/video recordings which form a part of evidence on record show that the petitioner along with one person delivered the bag containing rupees one ..... vide order dated 22.11.2013, learned trial court discharged all the accused in the charge-sheet except the petitioner and ordered framing of charges under section 12 of pc act against the petitioner. feeling aggrieved by the said order the petitioner has filed the present petition.5. learned counsel for the petitioner contended that the impugned .....

Nalom K. Noidu Vs. Union of India and ors.

Court : Delhi

Reported in : 1999VAD(Delhi)411; 81(1999)DLT251; 1999(50)DRJ828

..... exchange or with a view to preventing him from smuggling of goods or abetting the smuggling of goods etc., subject to the conditions provided under the act. under this section one of the grounds on which the government or the officer concerned can validly make order of detention is with a view to preventing such person from ..... the case is proved beyond doubt and the detention order issued against him is fully warranted. as he was absconding thereforee a declaration under section 7 of the cofeposa act was issued and action under sections 82 and 83 of the code of criminal procedure was also initiated. 4. mr. harjinder singh, learned counsel for the petitioner, while ..... of that thing. thereforee, it cannot be disputed that a person stationed abroad can certainly abet the smuggling goods in india. 8. section 6 provides that such an order passed under the act cannot be held to be invalid or inoperative if the person to be detained is outside the limits or territorial jurisdiction which means that .....