Penal Code, 1860, Section 120B -- Criminal Conspiracy - A conspiracy is a continuing offence which continues to subsist till it is executed or rescinded or frustrated by choice of necessity - During its subsistence whenever anyone of the conspirators does an act or series of acts, he would be held guilty under Section 120-B of the Code...........
Land Acquisition Act, 1894, Section 30, 18, 3(b) -- Maintainability of reference of State - Dispute as to pre-existing right of Government in land - Cannot be referred either under Section 18 or Section 30 - Award made by Collector - Cannot be called in question by State seeking reference under Section 30 - State not a 'person interested' as defined in Section 3(b) - Land..........
Haryana Ceiling on Lands Holdings Act, 1972, Section 8(1) -- Saving clause to the scheme of the Act for declaring land surplus - Quantum of land to be specified in terms of dates indicated in sub-clauses (a) and (b) of Section 8(1)...........
Opium Act, 1878, Section 9(a), Criminal Procedure Code, 1973, Section 297(2) -- Criminal - Punjab and Haryana High Court Rules and Orders, Volume-V, Chapter 12-B - Search and seizure - Link evidence - Affidavit - Recovery of 6 kgs. 500 gms of Opium from petitioner-s possession - Verification in the two affidavits relied upon by the prosecution not in conformity with..........
Penal Code, 1860, Section 364,365 -- r/w 120-B - Appreciation of evidence - Conduct of the prosecutrix showing that she was a willing party to go with the accused by riding the van in question and for taking her away the accused had not to use much force, which they otherwise would have used for carrying an unwilling woman - With non-examination of 'H - by prosecution, an..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 13, 13B -- Revision under Article 227 of Constitution of India against order closing evidence by Assistant Collector 1st Grade under Section 7 against which revision under Section 13 - B(2) dismissed by District Collector - Petitioner deliberately delaying decision of case on one pretext or the other - Conduct..........
Hindu Marriage Act, 1955, Section 13B -- Appeal against order under section 9 - During pendency of appeal parties seeking divorce by mutual consent - More than six months have already elapsed as to pendency of proceedings and parties not living together - Held, no useful purpose will be served to allow litigation to continue any further - Application u/s 9 allowed to be..........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Presumption - Prosecution can make use of the presumption as to dowry death as enshrined in section 113-B of the Evidence Act only on proof of ingredients which constitute dowry death...........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Presumption - Can be drawn when the following circumstances are proved i.e. (i) death of woman was caused by burns or bodily injury or had occurred otherwise than in normal circumstances; (ii) such death took place within 7 years of her marriage; (iii) the deceased was subjected to..........
Criminal Procedure Code, 1973, Section 156(3) -- Application for direction to police to register FIR and investigate - Can be ordered when: (1) full details of the accused are not known to the complainant and the same can be determined only as a result of investigation; (2) where recovery of abducted person or stolen property is required to be made by conducting raids or..........
