Indian Penal Code, 1860, Section 148, 149 -- Common object - Accused more than 5 at the time of charge sheeting, but owing to acquittals of some of them over course of trial, remaining number of accused falling below five - Charge u/ss 148, 149 does not survive - Accused acquitted...........
Indian Penal Code, 1860, Section 34 -- Common intention - Attempt to murder - Attack was apparently pre-mediated - Incident was not in a spur of moment - Accused had previously threatened complainant with physical harm if he attempted to irrigate his fields - Attack on complainant was thus, pre-planned and calculated - Nothing on record that complainant caused any..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Specific roles have been attributed to each of accused by injured that each accused individually attacked complainant with a deadly object on furtherance of common intention of killing him - Weapons used and injuries inflicted were more than sufficient to cause death in ordinary course of nature - Injuries have..........
Criminal Procedure Code, 1973, Section 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, Indian Penal Code, 1860, Section 307, 149, 34 -- Attempt to murder - Alteration of charges u/s.149 to S.34 IPC - Each accused individually attacked complainant with deadly objects with common intention of killing injured i.e. informant - Since attack was pre-planned..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Three complaints - Common order - Complaint under S.25(1) r/w S.26 of Payment & Systems Act and Ss.138 r/w Ss.148, 141 & 142 Negotiable Instruments Act - No common order could have been passed in the three complaints where parties to the case differ and where it was incumbent of the trial Court to..........
Indian Penal Code, 1860, Section 107, 306 -- Abetment of suicide - Mere small bickering and stamping of slaps by husband in furtherance thereof cannot be said to be abetment to wife to commit suicide, as such stray instances are common in households...........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24, Hindu Adoptions and Maintenance Act, 1956, Section 18, Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - (a) In the first instance, Family Court should make an endeavour for settlement of dispute; (b) If proceedings for settlement are unsuccessful,..........
Civil Procedure Code, 1908, Section 151 -- Consolidation of suits - Jurisdiction to order consolidation arises where there are two or more matters or causes pending in the Court and it appears to Court that a common question of law or fact arises in both or all suits or that rights to relief claimed in the suits are in respect of or arise out of the same transaction or..........
Civil Procedure Code, 1908, Section 151 -- Consolidation of suits - Law as to : (i) Consolidation of two suits need not necessarily be by agreement of parties; (ii) Consent of parties is not necessary for consolidation of suits, but it is always necessary to hear all parties concerned before ordering consolidation of suits; (iii) Issues in each suit must be framed and..........
Indian Penal Code, 1860, Section 34 -- Common intention - S.34 IPC does not lay down any general principle that identity of other persons must be established - It is sufficient if accused conjointly with some other persons identified or unidentified, committed crime in furtherance of common intention of all...........
