Indian Penal Code, 1860, Section 141, 149 -- Common object - Essential ingredients of S.141 must be established, before recording conviction u/s 149 IPC...........
Constitution of India, 1950, Article 20(2) -- Double jeopardy - In order to attract protection guaranteed under Art.20(2) of Constitution, it is to be seen as to whether ingredients of offences alleged under two separate Acts are same or different...........
Criminal Procedure Code, 1973, Section 173, 482, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Supplementary charge sheet - Quashing of - Offence u/s 3(1)(x) of the Act - Supplementary charge sheet filed by police at the instance of National Commission for Scheduled Castes - Ingredients u/s 3(1)(x) of the Act not made out -..........
Custom -- Valid custom - Ingredients necessary to establish a valid custom are : (a) Continuity; (b) Certainty; (c) Long usage; and (d) reasonability. (Hindu Adoptions and Maintenance Act, 1956, S.3(a)...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406 -- Quashing of order - Order taking cognizance - Cheating - Complainant himself admitted that he voluntarily gave loan to accused - Apparently, no fraudulent inducement to get the loan from complainant - Moreover, a reasonable amount was repaid to complainant - Ex-facie essential..........
Registration Act, 1908, Section 17 -- Registration - Unregistered gift deed - Mohammadan law - Gift deed executed by Mohammedan is not the instrument effecting, creating or making gift but a mere piece of evidence and deed is in the form of declaration by donor, which does not require registration and is admissible in evidence, particularly when all the three essential..........
Evidence Act, 1872, Section 105, 106 -- Burden of proof - It is for accused to prove facts which are within his knowledge when prosecution establishes ingredients of offence charged - Once accused succeeds in showing, by preponderance of probabilities that there is reasonable doubt in his favour, burden shifts again on prosecution to prove case against accused beyond..........
Indian Penal Code, 1860, Section 363 -- Kidnapping - Age of victim between 17 to 19 years as per report of radiologist - Undoubtedly, it may be approximate and it can be two years this side or that side - Statement of victim reveals that she accompanied accused at her own free will and traveled from one place to another along with accused - Both stayed at the house of..........
Criminal Procedure Code, 1973, Section 216, Indian Penal Code, 1860, Section 302, 376A, 392, 201 -- Non-framing of additional charge u/s 302 IPC - Charge already framed u/ss 376-A, 392, 201 IPC - Ingredients and sentences prescribed under both the offences i.e S.302 and S.376-A IPC are different and S.302 IPC is not a minor offence to S.376-A IPC - Order passed declining..........
Specific Relief Act, 1963, Section 37, 38 -- Permanent injunction - Restraining defendant from dispossessing plaintiff from suit land - Plaintiff`s predecessor-i, title granted patta in relation to suit land on payment thus, prima facie case is in favour of plaintiff - Since possession of suit property is with plaintiff other two ingredients for grant of permanent..........
