Indian Penal Code, 1860, Section 324, 302, 34 -- Non explanation of injuries on the person of accused - Prosecution case is not affected when injuries are minor and superficial or when evidence is so clear and cogent, so consistent and creditworthy that it outweighs the effect of omission on the part of prosecution to explain the injuries - Held, that prosecution is not..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 147, 148, 149, 302, 34 -- Bail - Offence u/s 147, 148, 149, 302 & 34 IPC - Five accused - FIR lodged promptly - Deceased sustained injuries - Manner in which the deceased was murdered was brutal - Gravity of offence considered - Bail refused...........
Indian Penal Code, 1860, Section 34 -- Common intention - Absence of sufficient evidence of common intention - Conviction u/s 34 IPC is bad...........
Transfer of Property Act, 1882, Section 58(d), Limitation Act, 1963, Article 61, Specific Relief Act, 1963, Section 34 -- Usufructuary mortgage - Declaration by mortgagee in respect of title over suit property after expiry of period of limitation to sue for foreclosure - Right to redeem or recover possession, when no time limit is fixed for redemption, accrues to mortgagor..........
Transfer of Property Act, 1882, Section 60, Civil Procedure Code, 1908, Order 34, Rule 7, 8 -- Mortgage - Right of mortgagor to reedem - Extinguishment of right by decree of Court - Right to reedem continues to exist at all times but before confirmation of sale of mortage property irrespective of decree of sale is granted - Even second suit to seek redemption would be..........
Indian Penal Code, 1860, Section 34 -- Common intention - In order to bring home the charge of common intention, prosecution has to establish by evidence, whether direct or circumstantial, that there was plan or meeting of minds of all the accused persons to commit the offence for which they are charged with the aid of S.34, be it pre-arranged or on the spur of the moment..........
Indian Penal Code, 1860, Section 34 -- Scope - In order to apply the provision of S.34 IPC it is not necessary to show some overt act on the part of the accused...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Charge against R as injury was caused by him which resulted in death - He alone is liable to be convicted - Conviction of other accused set aside...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Deceased was last seen alive in the company of appellant - Motive behind death of deceased was business rivalry - Appellant absconded immediately after deceased disappeared - Plea of alibi taken by appellant found false - Chain in the link evidence found complete - Conviction upheld...........
Civil Procedure Code, 1908, Section 34 -- Interest - Commercial transaction - Absence of contract between parties as to payment of interest - Award of interest cannot exceed that charged by Nationalised Banks...........
