Civil Procedure Code, 1908, Section 79, Order 27, Rule 1 -- Suits by or against the Government - Parties to be impleaded are Union of India or Central Government or the State or State Government - Non joinder of necessary party is fatal...........
Indian Penal Code, 1860, Section 302, 304 -- Nature of offence - Sword injury on neck of deceased - Accused B entered the house of the deceased and grabbed deceased from collar - Thereafter accused A appeared at the spot, carrying sword with him and instantly gave repeated sword blows on the neck of deceased - No evidence that accused B was having any knowledge that his..........
Land Acquisition Act, 1894, Section 9, 11 -- Acquisition of land - Compensation - Acquisition challenged on the ground that notice u/s 9(3) not served - Held, provision of S.9(3) is not mandatory and not fatal to the acquisition - Even otherwise notice in the instant case was affixed on the land of the appellant which satisfied the requirement of S.9 of the Act - Moreover..........
Indian Penal Code, 1860, Section 302, 304 -- Part-I - Murder - Occurrence took place due to quarrel between deceased and appellant on the issue that deceased had been to the house of the appellant in the previous night of the occurrence in his absence and threatened him in filthy language to commit rape as a result of which accused persons were enraged - Accused persons..........
Indian Penal Code, 1860, Section 323, 325, 34 -- Nature of offence - Complainant and accused cousins and living in same house - No previous enmity - No motive to murder - Occurrence took place all of a sudden - No proof as to which of the accused caused fatal injury - Common intention was to cause simple and grievous injuries - Accused guilty of offence u/ss 34, 323 and..........
Witness -- Non examination of some of the witnesses mentioned in FIR is not fatal when prosecution case is proved from the testimony of natural witnesses and their testimony is found wholly reliable...........
Indian Penal Code, 1860, Section 300 -- Exception I, 304 Part II - Nature of offence - Single blow on chest with kitchen knife to take revenge - Blow proved fatal - Deceased misbehaved with accused - Next day accused inflicted the blow which unerringly points towards due deliberation on part of accused to avenge his humiliation at the hands of deceased - Offence not..........
Indian Penal Code, 1860, Section 302, 364A -- Kidnapping for ransom and murder - Young boy aged 10 years found missing - Missing report lodged with the police on 14-10-2003 - FIR lodged on 19-10-2003 - Parents of the missing boy disclosed to the investigator on 21-10-2003 that their daughter had seen the missing boy in the company of accused, a near relation and that on..........
Civil Procedure Code, 1908, Order 2, Rule 4 -- Joinder of cause of action - To claim relief of damages in a suit for possession, leave of court is not required...........
Indian Penal Code, 1860, Section 302 -- Nature of offence - Trial Court convicted accused u/s 307 IPC and High Court converted the conviction to one u/s 302 IPC - Injuries caused from a very close range as tattooing was present - Medical opinion that some of the injuries were grievous and were fatal to life and all the injuries were sufficient to cause death as they were..........
