Civil Procedure Code, 1908, Order 21, Rule 84,85 -- Interpretation of statute - Factors to be taken into consideration - Held, a statute must be read reasonably - It must be construed having regard to its legislative intent - It has to be meaningful - It must fulfill the object and purport of the legislative intent - It is also a well settled principle of law that common..........
Consumer Protection Act, 1986, Section 13(4), 13(5), Delhi Rent Control Act, 1958, Section 36 -- Power of District Forum and Rent Controller - Except for provision of Section 13(iv) all other powers vested with the District Forum under the Consumer Protection Act and of the Controller under DRCA are common - Both the enactments are special enactments and operate for the..........
Indian Penal Code, 1860, Section 34, 149 -- Distinction between the two provisions - Common intention denotes action in concert and necessarily postulates the existence of a pre arranged plan implying a prior meeting of minds, while common object does not necessarily require proof of prior meeting of minds or pre-concert - Though there is substantial difference between the..........
Indian Penal Code, 1860, Section 143, 147, 148, 307, 323, 324, 449, 427, 207, 119 -- Common object - Accused person 17 in number, armed with sword, choppers, knife and iron rods allegedly caused death of deceased and injuries to others by assaulting - Deceased received as many as 34 injuries - One of the accused, on seeing injured, exhorted other accused, 'Chase him, Chase..........
Indian Penal Code, 1860, Section 149 -- For 'common object', it is not necessary that there should be a prior concert in the sense of a meeting of the members of the unlawful assembly, the common object may form on spur of the moment - It is enough if it is adopted by all the members and is shared by all of them - In order that the case may fall under the first part the..........
Indian Penal Code, 1860, Section 149 -- Common object - Even if the offence committed is not in direct prosecution of the common object of the assembly, it may yet fall under second part of S.149 IPC if it can be held that the offence was such as the members knew was likely to be committed...........
Indian Penal Code, 1860, Section 149 -- Once it is established that the unlawful assembly had common object, it is not necessary that all persons forming the unlawful assembly must be shown to have committed some overt act - For the purpose of incurring the vicarious liability under the provision, the liability of other members of the unlawful assembly for the offence..........
Indian Penal Code, 1860, Section 149 -- Offence committed by unlawful assembly in prosecution of common object - It is not necessary for prosecution to prove actual role played by each and every member of the unlawful assembly - Each member is guilty of offence committed in prosecution of common object...........
Indian Penal Code, 1860, Section 149 -- Common object - S.149 IPC is in two parts - First part deals with commission of an offence by any member of an unlawful assembly in prosecution of the common object of that assembly and second part deals with commission of an offence by any member of an unlawful assembly in a situation where other members of that assembly know the..........
Indian Penal Code, 1860, Section 120B -- Criminal conspiracy - Proof of - Held, charge u/s 120-B IPC stands proved by showing that two or more persons have agreed to do or cause to do an illegal act or an act which is not illegal by illegal means and that some overt act was done by one of accused in pursuance of same - Where their common object is itself to do an unlawful..........
