Indian Penal Code, 1860, Section 34 -- Common intention - To bring home charge of common intention prosecution has to establish by evidence, whether direct or circumstantial, that there was plan or meeting of mind of all the accused persons to commit the offence for which they are charged with the aid of Section 34, be it pre-arranged or on the spur of moment; but it must..........
Indian Penal Code, 1860, Section 201 -- To establish the charge under Section 201 IPC, it is essential to prove that an offence has been committed and mere suspicion that it has been committed is not sufficient...........
Indian Penal Code, 1860, Section 34 -- Common intention - To bring home the charge of common intention, the prosecution has to establish by evidence, whether direct or circumstantial, that there was plan or meeting of mind of all the accused persons to commit the offence for which they are charged with the aid of Section 34, be it pre-arranged or on the spur of moment; but..........
Indian Penal Code, 1860, Section 302, 304 Part II -- Murder - Bride burning - Prosecution alleged that sister-in-law and mother-in-law of deceased poured kerosene on deceased and set her on fire - Deceased rushed outside with flames on her person shouting for help - Accused did not try to save deceased - Relationship of accused and deceased not cordial - Case of stove..........
Indian Penal Code, 1860, Section 306, 498A -- Criminal Procedure Code, 1973 - Section 235 (2) - Sentence - New Plea - Order of conviction and sentence passed on same day - Appellant not seeking adjournment or time for making submission on the sentence - No grievance against passing of conviction and sentence on same day made before High Court either in Memorandum of appeal..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(1) -- Detention order - Seizure of bags containing Indian currency notes from the detenu at the airport - Detenu, a lady, accompanied her husband on tour to Dubai from Mumbai - Even on two previous occasions the detenu lady had been to Dubai in the company of her husband, who is..........
Indian Penal Code, 1860, Section 406, 420 -- Quashing of proceedings under Section 482 Cr.P.C. - Complaint against Chief Manager of a Bank by an employee who was dismissed for misappropriation of Rs.2,00,000/- by misusing his official position, that his gratuity amount had been illegally withheld - Held that gratuity is a matter of calculations as per provisions of law and..........
Civil Procedure Code, 1908, Section 9 -- Electricity (Supply) Act, 1948, Sections 49 and 79 - Alternative remedy - Bar of jurisdiction of civil Court - Scheme of Settlement of Disputes of the grievance of consumers framed by the respondent Board in exercise of powers under Section 79(j) r/w Section 49 of the Act - Plea of the respondent Board that plaintiff has not..........
Guardians and Wards Act, 1890, Section 7,10,17 -- Adoption by foreign couple - Appellant a widow agreed to give in adoption one of her child out of five daughters to respondents No. 2 and 3 - Rejection of application by the District Judge and affirmed by the High Court on the ground that Guidelines prescribed for `Adoption of Indian Children' issued by the Ministry of..........
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...........
