Insurance claim -- Exclusion clause - Repudiation - Vehicle insured under the commercial vehicle (Goods carrying) `B' policy - Accident took place due to mechanical breakdown of vehicle as per reports of three surveyors - The risk of the said accident not covered as per exclusion Clause (a) of Section 1 - The findings of the District Forum that the insurer was not liable..........
Criminal Procedure Code, 1973, Section 437, 439 -- Bail - Conditions laid under section 437 (1) are sine qua non for granting bail even under S.439...........
Indian Penal Code, 1860, Section 149 -- Unlawful Assembly - Common object - Presence - Mere presence in an unlawful assembly cannot render a person liable unless there is common object and that object is one of those set out in section 141...........
Indian Penal Code, 1860, Section 149 -- Unlawful Assembly - Common Object - If common object is not proved person cannot be convicted with the aid of section 149...........
Indian Penal Code, 1860, Section 149 -- Unlawful Assembly - Common object - Formation - Can be formed at any stage by all or a few members of assembly and other members may just join or adopt - Once formed it need not continue to be the same - Effect of section 149 may be different on different members of the same assembly - It can develop during the course of incident at..........
Indian Penal Code, 1860, Section 149 -- Unlawful Assembly - Common object - Common intention - Are different from each other - Distinction - Common object does not require a prior concert and a common meeting of minds before the attack - If five or more person with same object in view act as an assembly to achieve that object would attract section 149...........
Indian Penal Code, 1860, Section 34 -- Ingredients - Common intention in the sense of a pre arranged plan between the two and person sought to be so held liable had participated in some manner in the act constituting the offence - Unless common intention and participation are both present section 34 cannot apply - Actual presence at the scene of incident not necessary in..........
Indian Penal Code, 1860, Section 302, 34, 149 -- Accused not mere sightseers - Nothing to show that dissuaded the persons from committing the criminal act or withdrew at any point - Eye witnesses identifying and establishing presence - Animosity admitted - Conviction u/s 302 with aid of section 34 and 149 upheld...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Limitations imposed under section 37 (1) (b) - Scope - Limitations on granting Bail u/s 37 (1) (b) are in addition to the limitation under Criminal Procedure Code, 1973...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Recovery of huge quantity of 'Diazepam' 5 mg. Tablets - Confession by accused - Bail granted by High Court - Appeal by State - Limitations on granting of bail come in only when the question of granting bail arises on merits - Court must be satisfied that there are reasonable grounds for believing..........
