CiteTEXT
..., for there is no special rule of evidence for this class of case. At bottom, it is a question of fact in every case and however similar the circumstances, facts in one ...time when discovered, but that they ran away together. As we have said, each case must rest on its own facts and the mere similarity of the facts in one case cannot be ...prove that his separate blow was a fatal one he cannot be convicted of the murder however clearly an intention to kill could be proved in his case: Barendra Kumar Ghosh v. King- Emperor a...
...case must rest on its own facts and the similarity of facts in one case cannot be used to bear in mind the conclusion of fact in ...Rajan Tiwari made is no doubt a statement of a co-accused but it is an inculpatory statement and cannot be ignored for the purpose of bail. In fact, as per his statement he is one of the ...is sitting in appeal over the judgment sought to be distinguished. This Court in Kalyan Chandra Sarkar (2004) 7 SCC 528 decided the said case on the facts of that case only, so the questi...
....”25. However, we hasten to add that each case rests on its own facts and mere similarity of the facts in one case cannot ...)“34. … But to say this is no more than to reproduce the ordinary rule about circumstantial evidence, for there is no special rule of evidence for this class of case. At bottom, it is a...the crime was committed in furtherance of common intention is determined on appreciation of evidence laid in that case and the similarity of facts in one case m...
...there is no special rule of evidence for this class of case. At bottom, it is a question of fact in every case and however similar the circumstances, facts in one ...the facts in one case cannot be used to determine a conclusion of fact in another.”14. It is clear from the law laid do...being a state of mind can only be gathered by inference drawn from facts and circumstances established in a given case, the earlier decisions involving almost similar facts cannot ...
...facts, more so in criminal cases the court should bear in mind that each case must rest on its own facts and the similarity of facts in one case cannot...the crime committed by him. It is a settled position of law that act or action of one of the accused cannot be used as evidence against another. However, an exception has been ca...Maharashtra State Administrative Tribunal (MAT) against Mulani he has categorically affirmed that conduct of Mulani was found to be highly suspicious in the sensational murder case of one Faizulla...
...must rest on its own facts and the mere similarity of the facts in one case cannot be used to determine a conclusion of fact in another. ...facts may be. As was observed by this Court in Pandurang v. State of Hyderabad AIR 1955 SC 216, 1955 Cri LJ 572 each case..., therefore, of the view that in the facts and circumstances of this case, the appellants must be held to have formed an unlawful assembly, the common object of which was to cause grievou...
...case. At bottom, it is a question of fact in every case and however similar the circumstances, facts in one case cannot be used as a precedent to deter...must rest on its own facts and the mere similarity of the facts in one case cannot be used to determine a conclusion of fact in another."
...."
16. It is clear from the principles laid down that however similar the facts may seem to be in a cited precedent, the case in hand should be determined on ...
...so in criminal cases the court should bear in mind that each case must rest on its own facts and the similarity of facts in one case cannot be ...considering the ratio laid down in one case, the court will have to bear in mind that every judgement must be read as applicable to the particular facts proved or assumed to be true. Sinc...expressions which may be found therein are not intended to be expositions of the whole of the law, but are governed and qualified by the particular facts of the case in which suc...
...on its own facts and the similarity of facts in one case cannot be used to bear in mind the conclusion of fact in another ...one case, the court will have to bear in mind that every judgment must be read as applicable to the particular facts proved or assumed to be true. Since the generality of expressions whic...therein are not intended to be expositions of the whole of the law, but are governed and qualified by the particular facts of the case in which such expressions are to be found. ...
...shooting was over. The facts of the particular case cannot be applied indiscriminately to hold the persons guilty. The case must rest on its facts and the mere similarity of ...is a necessary inferences of the case. “But to say this is no more than to reproduce the ordinary rule about circumstantial evidence, for there is no special rule of evidence for this class of case. At bot...in the facts of this case in their favour. Consequently, it cannot be said that the case against these two accused is proved beyond any manner of doubt.9...
...similarity of facts in one case cannot be used to bear in mind the conclusion of fact in another case. We may usefully refer to the d...public funds intended to be used for public good. Thus the facts and circumstances of the case disclose that the news items were published for public good. All these aspects have been overlooked by...which must be answered with reference to the facts of each case. No universal rule can be laid in respect of such questions."
(underlining ours, for e...
...observed that:-“41. While deciding the cases on facts, more so in criminal cases the court should bear in mind that each case must rest on its own facts and the similarity of ...the particular facts of the case in which such expressions are to be found. A case is only an authority for what it actually decides, and not what logically follows from it.”As...Bhausaheb Nagu Dhavare (Supra) the Apex Court has passed order in light of the facts of the said case which stand on different footing, including the fact that the said case does not appear to ...
...the Act. Either it was a dealer itself, or it became a dealer by the fiction created by Section 14-A, since the non-resident principals had done business in each case in the State of Andhra Pradesh. The ...such one of the authorities as may be authorised in this behalf by the State Government by general or special order.(v) Such application shall be made...which may be taken to be in pari materia with the section, we are considering. This Court held that the Kanpur Mills, whose agent the appellant in the case was, were not carrying on any business ...
...the case laws cited by the respective parties as the said decisions were rendered on different sets of facts and it being a well established position of law that while deciding the cases on facts, more so,...petitioner cannot be said to be the prime accused. Mr. Patnaik vehemently urged that since these facts have not been considered in the previous judgment of this Court by which the prayer ...that while considering the ratio laid down in one case, the Court will have to bear in mind that every judgment must be read as applicable to the particular facts proved or assumed to be...
...:
"But to say this no more than to reproduce the ordinary rule about circumstantial evidence, for there is no special rule of evidence for this class of case. At bottom, it is a question...'.
As we have said, each case must rest on its own facts and the mere similarity of the facts in one case cannot be used to...there must be pre- arrangement or premeditated concert."
14. It is clear from the principles laid down that however similar the facts may seem to be in a cited precedent, the ...
...:
"But to say this no more than to reproduce the ordinary rule about circumstantial evidence, for there is no special rule of evidence for this class of case. At bottom, it is a question...'.
As we have said, each case must rest on its own facts and the mere similarity of the facts in one case cannot be used to...there must be pre- arrangement or premeditated concert."
14. It is clear from the principles laid down that however similar the facts may seem to be in a cited precedent, the ...
...this class of case. At bottom, it is a question of fact in every case and however similar the circumstances, facts in one case cannot be used ...have said, each case must rest on its own facts and the mere similarity of the facts in one case cannot be used to determine a conclusion of fact ...state of mind and can only be gathered by inference drawn from facts and circumstances established in a given case, the earlier decisions involving almost similar facts cannot be...
...in mind that each case must rest on its own facts and the similarity of facts in one case cannot be used to bear in mind the conclusion ...-accused of the present case into the realm of the facts of those cases, which can be kept in mind while deciding the bail application based on altogether a different set of .... Thus, what may be
reasonable in one set of facts may not be
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...should bear in mind that each case must rest on its own facts and the similarity of facts in one case cannot be used to bear in mind the concl...deciding the bail application based on altogether a different set of facts and circumstances. Thus, in my opinion, as stated above, every case must rest on its own facts and mere similarity of the...
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based on the surrounding facts and circumstances of each case. Thus, what may be reasonable in...
..., Sheoraj Singh Ahlawat v. State of UP, 2013 (11) SCC 476, in my view is not applicable to the case in hand as the said decision is re...request of learned counsel for petitioner, came to be registered as a petition under Section 561-A Cr.P.C. vide order dated 22.04.2013.
2. The facts as...and the same resulted in killing the mother of petitioner herein, as well as one Yasmeen Akhtar and also injuring a girl child of 8/9 years old. It is contended that on the basis of these alleged...