Court : Mumbai Nagpur
..... the offence punishable under section 307 of the indian penal code. what the court has to examine is the intention of the accused and the circumstances in which the act has been committed. the intention of the appellant was abundantly clear that he wanted to cause serious injuries to the deceased and the witnesses. 27. the hon'ble ..... has said at para 11 as under: 11. it is sufficient to justify a conviction under section 307 if there is present an intent coupled with some overt act in execution thereof. it is not essential that bodily injury capable of causing death should have been inflicted. the section makes a distinction between the ..... act of the accused and its result, if any. the court has to see whether the act, irrespective of its result, was done with the intention or knowledge and under circumstances mentioned in the section. therefore, an accused .....
Tag this Judgment!Court : Mumbai Nagpur
..... by consent.2. question involved in this petition relates to territorial jurisdiction of a criminal court to try an offence punishable under section 138 of negotiable instruments act (n.i. act for short) and how the matters already instituted and pending at the stage of recording of evidence are to be dealt with, once it is found ..... cases where, post the summoning and appearance of the alleged accused, the recording of evidence has commenced as envisaged in section 145(2) of the negotiable instruments act, 1881, will proceeding continue at that place. to clarify, regardless of whether evidence has been led before the magistrate at the pre-summoning stage, either by ..... the case of dashrath, supra, has clarified the legal position as to territorial jurisdiction of criminal courts in the cases filed under section 138 of negotiable instruments act, the hon'ble apex court has also observed that the law so clarified would be applicable to pending cases in a selective manner only. he further submits .....
Tag this Judgment!Court : Mumbai Nagpur
..... a person from instituting or prosecuting the execution proceedings in a court of a coordinate jurisdiction. 15. no doubt that under section 41(b) of the sr act of 1963, an order of injunction cannot be granted to restrain any person from instituting or prosecuting any proceeding in a court not subordinate to that from which ..... injunction cannot be granted( b) to stay proceedings in a court not subordinate to that from which the injunction is sought.section 41(b) of the specific relief act, 1963: injunction when refused an injunction cannot be granted- (b) torestrain any person from instituting or prosecuting any proceeding in a court not subordinate to that from ..... from institution of a suit and claiming an injunction restraining the decree-holder from execution of a decree for possession passed under section 6 of the specific relief act. however, a claim for temporary injunction was rejected, holding that the question of title over the suit property is not material, and what is material is .....
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