Indian Penal Code, 1860, Section 361 -- Minor - Kidnapping - To constitute the offence it is not necessary to show that taking or enticing was by means of force or fraud - Persuasion by the accused person which creates willingness on the part of the minor to be taken out of the keeping of the lawful guardian is sufficient to attract the Section...........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 6(2), 15, 20 -- Juvenile - Plea of - Not raised - Even then every Court is obliged to apply its mind and come to a definite and positive finding about the age of indictee - Juvenile Justice Board alone is competent to deal with law - No Board constituted in the State - Vaccum cannot be permitted to..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Making the demand is not sufficient to bring the case under Section 304-B of the Indian Penal Code - There must be cruelty or harassment soon before the commission of crime for non-fulfillment of dowry...........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Murder by more than five persons - Definite roles not attributed to accused - Section 149 applies - Not necessary to prove which of the members of the unlawful assembly did which or what act...........
Indian Penal Code, 1860, Section 149, 302 -- Unlawful assembly - Common intention - Murder by four persons and others remained present with guns - Common intention attributed to all - Their actions preceding and succeeding the assault indicate the existence of a common intention to do an act as stipulated in S.149 IPC - Section 149 IPC applies...........
Punjab Panchayati Raj Election Rules, 1994, Rule 33 -- Form IX - Mistake in Form IX - Correction of - Returning Officer Has no jurisdiction to change entries recorded in Form IX - Once a candidate has been declared elected in Form IX - Returning Officer ceases to have any power to alter said declaration subsequently - Declaration contained in Form IX - Can only be..........
Haryana Panchayati Raj Act, 1994, Section 51(1)(a) -- Suspension of Sarpanch on the ground that criminal case pending against him and it would not be in public interest t( permit him to continue in the office of Sarpanch - Sarpanch convicted under Section - 323, 325, 452, 506, 148 & 149 of IPC and Appellate Court suspended the sentence during the pendency of the appeal -..........
Railways Act, 1989, Section 53 -- Railways services - Mutual transfer of seat or berth by passenger travelling by same train with permission of the railway servant is not prevented according to section 53 of the Railways Act - Contention of OP that complainant travelled unauthorisedly held not acceptable...........
Admiralty Courts Act, 1861, Section 5, Courts of Admiralty Act, 1890 -- Colonial - Colonial Courts of Admiralty (India) Act, 1891, Section 2 - Supreme Court of Judicature (Consolidation) Act, 1925, Section 22(1) - Admiralty jurisdiction of High Court - Maritime claim - Held that unpaid insurance premium being a maritime claim would be enforceable in India...........
Indian Penal Code, 1860, Section 149 -- Common object - Mere presence in unlawful assembly cannot render a person liable unless there was a common object and he is actuated by that - Object has to be common to persons who compose the assembly - Distinction between common object and common intention - Common object of an assembly is to be ascertained from the acts and..........
