Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Every member of unlawful assembly is vicariously liable for acts done by anyone of them to achieve a common object as per S.149 IPC - Therefore, two things are essential to attract S.149 IPC i.e. "unlawful assembly" and "common object" - Presence of accused persons as part of unlawful assembly is sufficient for..........
Indian Penal Code, 1860, Section 302, 148, 149 -- Murder - Unlawful assembly - Long standing political enmity between families of main accused and deceased - All accused persons had alighted from bus together armed with firearms, thus they were part of unlawful assembly and had arrived at the bus stand with a common object - Movement of accused persons in said manner is..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Recovery suit for money based on promissory notes - Part payment endorsements on promissory notes not marked - No prejudice would be caused to defendant on adducing additional evidence by plaintiff - Application rightly allowed...........
Transfer of Property Act, 1882, Section 53A -- Part performance - For claiming benefit of S.53-A of the Act, agreement must be registered...........
Insolvency and Bankruptcy Code, 2016, Section 36 -- Liquidation estate - Where corporate debtor is merely an ostensible holder, property never forms part of its estate and cannot be administered in liquidation...........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Second motion not made within 18 months of filing of first motion - However, first motion was not withdrawn in the meanwhile - Parties are still in agreement regarding them wanting to honorably part ways and move ahead with their lives - Provision of S.13-B(2) of the Act is directory and not mandatory..........
Civil Procedure Code, 1908, Section 52, 53, Order 21 -- Execution - Money decree - Liability of LRs of deceased debtor - Once decree fixes liability upon legal representatives, Court is required to examine whether property sought to be attached forms part of estate of deceased and if so to proceed strictly in accordance with law...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Facts and evidence on record are not indicating voluntary desertion on the part of wife - Husband failed to prove desertion on the part of wife - Divorce petition rightly dismissed...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Separation of parties for more than 2 years on the date of filing of divorce petition and animus deserendi on the part of wife is well evident - Since in her statements wife clearly denied to return back and categorically deposed that she does not wish to live with her husband and is not interested for..........
Bharatiya Nyaya Sanhita, 2023, Section 108, 45 -- Abetment of suicide - In the absence of any positive action on the part of accused proximate to time of occurrence which led to suicide, offence u/s 108 BNS would not be considered to have been committed...........
