Indian Penal Code, 1860, Section 302, 34 -- Murder - Sole testimony of eye witness - PW1/wife of deceased categorically stated in her deposition that incident occurred in the house of A-3 - She specifically stated that A-1 caused four injuries on head of deceased and A-3 dragged the body of deceased and thrown it on the gate of her house - Presence of A-3 at the place of..........
Negotiable Instruments Act, 1881, Section 138, 142(1), Criminal Procedure Code, 1973, Section 406 -- Dishonour of cheque - Transfer of case from one State to another State - Four out of six complaints filed at Delhi and two at Nagpur - All the six complaints relate to same transaction - It would be advisable to have a common adjudication to obviate possibility of..........
Service -- Selection process - Determination of seniority - Direct recruitments and promotees - Selection from both the streams was made from a common recruitment process - Dates of appointment orders of both the streams ought to be treated from a particular date - Appointment orders were issued in breach of provisions of R.17 of Rules applicable, it is thus, not..........
Indian Penal Code, 1860, Section 323, 325, 34 -- Offence u/ss 323, 325, 34 IPC - Accused in pursuance of common intention caused simple and grievous injury to injured witnesses - Charge u/ss 323, 325, 34 IPC is proved beyond reasonable doubt against accused - Accused rightly convicted...........
Indian Penal Code, 1860, Section 34 -- Common intention - S.34 IPC makes a co-perpetrator who had participated in the offence equally liable on the principle of joint liability...........
Indian Penal Code, 1860, Section 302, 34, 324 -- Murder - Accused had come prepared with lathi along with others who had carried toka, axe, gandasi - This fact is corroborated by fact that blood smeared lathi was recovered from possession of accused - Evidence establishes participation of accused in commission of offence with co-accused - Accused was the first one who..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to unmarried daughter - Claim of daughter for maintenance is a pending consideration of Family Court - Whether daughter is entitled to claim interim maintenance under common law or u/s 125 Cr.P.C alone is a matter to be decided by Family Court at the time of final adjudication - Till such time original petition for..........
Civil Procedure Code, 1908, Section 9, Punjab Village Common Lands (Regulation) Act, 1961, Section 13(b), Punjab Land Revenue Act, 1887, Section 45 -- Jurisdiction of civil Court - Suit for declaration challenging mutation entry being wrong, illegal, void and nullity and not binding on the rights of plaintiffs/proprietors of the village - It is S.13-B of Act of 1961 which..........
Indian Penal Code, 1860, Section 302, 324, 149, 148, 147 -- Offence u/ss 302, 324, 149, 148 , 147 - Conviction - The mere fact that seven out of the ten convicts died, during the pendency of the appeal, could not be a reason, to canvass non-applicability of the provision for constructive/vicarious liability, arising out of the achievement of the common object by the..........
Indian Penal Code, 1860, Section 302, 324, 149, 148, 147 -- Offence u/ss 302, 324, 149, 148 , 147 - Conviction - It can be held that the presence of the accused as a part of the unlawful assembly is sufficient for his conviction - Further, the non-applicability of Section 149 of IPC would not be a bar for convicting the accused/appellants if the evidence would disclose the..........
