Criminal Procedure Code, 1973, Section 205 -- Exemption from personal appearance - Mere fact that accused is having some heart ailment wherein stunt has been put in his heart, cannot be ground for exemption u/s 205 Cr.P.C, as it is very common in entire world...........
Indian Penal Code, 1860, Section 304(Part I), 304(Part II) -- Nature of offence - Accused allegedly hit a blow on the head of deceased with the weapon of offence (Weed axe) resulting in his death in hospital - Weapon of offence is a common agricultural tool - Deceased died due to internal head injury - Accused could only be attributed with knowledge that it was likely to..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - No specific overt act attributed to A-2 and A-3 or their joining in attack by A-1 on deceased - Injuries were caused by a Bhujali which was seized from A-1 - Medical evidence does not corroborates eye witness testimonies of PW1 to 4 - Nothing on recorded to show that A-2 and A-3 threw chilly powder and hot oil on..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Provision of S.10 CPC, will not apply if a few matters in issue are common rather same would apply if entire subject matter in controversy is same...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration that plaintiffs along with defendants are joint owners - Vendor of plaintiff and defendants entered into agreement that wall of house of defendant would be raised by defendant but would remain common and jointly owned by both of them - Defendants never challenged the said agreement to be void..........
Civil Procedure Code, 1908, Order 7, Rule 11, Carriers by Road Act, 2007, Section 16 -- Rejection of counter claim - Counter claim against common carrier in respect of claims for damages for the loss of reputation, business opportunity etc. - Such claims are not in connection with damage or loss to the consignment - S.16 of the Act of 2007 does not come into play -..........
Carriers by Road Act, 2007, Section 16 -- Claim of damages against common carrier - Notice to carrier prior to institution of suit - Prior notice is not mandatory when claim is in respect of damages to reputation, business opportunity and not in respect of loss or damage to any consignment...........
Civil Procedure Code, 1908, Section 24 -- Transfer of case - Plaintiff sought transfer of case filed by him to try along with partition suit filed by defendants - Issues in both the suits are common, as dispute is in respect of un-registered Will - If both the suits are tried at different Courts, it may lead to conflicting judgments - Though Court cannot direct clubbing of..........
Indian Penal Code, 1860, Section 120B -- Criminal conspiracy - To prove the offence of criminal conspiracy, it is imperative to show a meeting of minds between conspirators for intended common object...........
Indian Penal Code, 1860, Section 120B -- Criminal conspiracy - Accused has only concealed the relevant incriminating evidence/articles - Materials on record in no way establish that before commission of offence, accused had any common purpose, object or intention of committing the crime - Conviction and sentence set aside...........
