Indian Penal Code, 1860, Section 302 -- Single injury - In every case of single injury it cannot be held absence of intention to kill - It is type of weapon used and body part against which injury is caused which are important aspects to be kept in view...........
Indian Penal Code, 1860, Section 302, 34 -- Common intention - In the absence of common intention, all accused persons cannot be convicted for alleged offence of murder - Conviction must be on the basis of individual acts of each accused person...........
Indian Penal Code, 1860, Section 304A -- Death by negligence - Mechanic employed on job basis for fitting a tubewell engine - Mechanic entered the pit of the well and became unconscious - He was taken out for treatment but died - There is no question of negligence - Immediate cause of death was not an act of rashness or negligence on the part of the accused but was..........
Evidence Act, 1872, Section 30 -- Confessional statement - Includes not only admission of the offence but also other admissions of incriminating facts relevant to the offence such as motive, preparation, absence of provocation, concealment of weapon, and subsequent conduct which throw light upon the gravity of the offence and the intention and knowledge of the accused -..........
Indian Penal Code, 1860, Section 302, 34, 149 -- Conviction with the help of Ss.34 & 149 - There were 50 persons - No common intention established - No charge u/s 149 - Common intention is different than common object - Total absence of evidence both in respect of S.34 as well as S.149 IPC - Not possible to confirm their conviction...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Desertion - Difficult to give a comprehensive definition - Essential ingredients so far as the deserting spouse is concerned are : (1) The factum of separation; (2) The intention to bring cohabitation permanently to an end - animus deserendi - Similarly two elements are essential so far as the deserted spouse is concerned (1)..........
Indian Penal Code, 1860, Section 405, 40, 420 -- Criminal breach of trust and cheating - Advance taken to sell flat on completion - Sale of flat to third person on failure to pay additional amount demanded by accused towards cost of extra built up area - Held, dispute is of purely civil nature and criminal complaint is not maintainable in absence of specific allegation of..........
Indian Penal Code, 1860, Section 302, 304 -- Part II - Murder - Alteration of conviction into S.304 Part II - Absence of intention to cause the death coupled with the lack of knowledge that death would be inevitably caused on account of the injury would make the offence fall only under S.304 Part II, IPC and not under S.302 IPC...........
Transfer of Property Act, 1882, Section 105, 107 -- Test to determine -
(i) Real test is to find out the intention of the parties keeping in mind that in cases where exclusive possession is given, the line between lease and license is very thin;
(ii) Intention of the parties to be gathered from the document itself and mainly, intention is to be gathered from the meaning..........
Transfer of Property Act, 1882, Section 105, 107 -- Lease or license - Test to determine - (i) Real test is to find out the intention of the parties keeping in mind that in cases where exclusive possession is given, the line between lease and license is very thin; (ii) Intention of the parties to be gathered from the document itself and mainly, intention is to be gathered..........
