Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Common object - It cannot be laid down as a general proposition of law that unless an overt act is proved against a person, who is alleged to be a member of unlawful assembly, it cannot be said that he is a member of such an assembly - The only thing required is that he should have understood that the assembly was..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 15 -- Poppy husk - Recovery of 80 quintals - Secret information - Receipt of secret information not conveyed to Superior Officer as I.O. immediately proceeded to the place disclosed in the secret information - Communication was not possible as he was on motion for apprehending accused - Where an empowered..........
Protection of Human Rights Act, 1993, Section 3(2)(d) -- Appointment - Member of Human Right Commission - Eligibility - Whether a former member of police force or member of any Security Forces as a class are ineligible to be appointed as a member of National Human Right Commission - Held that in the context of their expertise in the matter relating to human rights within..........
Consumer Protection Act, 1986, Section 3 -- Societies Act, Section 70 - Additional remedy - Refund - Interest - Plea that complaint barred by Section 70 of the Societies Act repelled - Held that the provisions of the CP Act are in addition to the provisions of any other law for the time being in force - Respondent has been rightly awarded interest on the deposited amount...........
Indian Penal Code, 1860, Section 326, 307 -- Offence committed under section 307 IPC - Trial Court convicted accused u/s 326 IPC - Offence under section 326 IPC being of smaller degree conviction cannot be altered to one under section 307 IPC...........
Indian Penal Code, 1860, Section 302, 304 part II -- Murder - Appellant convicted for having caused the death of a person playing drum in band party in Marriage - Revolver from which shot was fired recovered from appellant - Three empty cartridges seized from the spot - Crime bullet also found fired from the weapon in question - Conviction upheld - However, conviction..........
Indian Penal Code, 1860, Section 302, 304 part II -- Murder - Nature of offence - Appellant convicted for having caused the death of a person playing drum in band party in Marriage - No explanation by accused that he was firing in the air - Offence committed would fall under Section 304 part II...........
Indian Penal Code, 1860, Section 396 -- Dacoity with murder by five or more persons - Each one of the dacoits is liable to be punished under Section 396 irrespective of the fact whether he is the actual assailant or whether he had shared the common intention to kill anyone...........
Indian Penal Code, 1860, Section 326, 325 -- Dangerous weapon - Facts involved in a particular case, depending upon various factors like size, sharpness, would throw light on the question whether the weapon was a dangerous or deadly weapon or not and it would determine whether it is Section 326 or 325 which is applicable...........
Terrorists and Disruptive Activities (Prevention) Act, 1987, Section 12, 15, 18 -- Joint trial of any offence under TADA with other offences - Confessional statement duly recorded under Section 15 of TADA and Rules framed thereunder would continue to remain admissible for the offences under any other law which were tried along with TADA offences under Section 12 of the..........
