Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Prior enmity - Weapons of offence recovered at the disclosure statement of accused `D' and it was he who pointed out the place where weapons of crime was hidden - It was not possible that accused `D' was not aware of place of hiding of weapons used in the incident - Moreover, accused `D' admittedly a..........
Indian Penal Code, 1860, Section 149 -- Common object - Once it is established that unlawful assembly had a common object, it is not necessary that all persons forming unlawful assembly must be shown to have committed some overt act...........
Indian Penal Code, 1860, Section 149 -- Common object - Vicarious liability - For the purpose of incurring vicarious liability under the provision, liability of other members of unlawful assembly for the offence committed during continuance of occurrence, rests upon the fact whether other members knew before hand that offence actually committed was likely to be committed..........
Indian Penal Code, 1860, Section 302, 143, 147, 148, 149, 323 -- Murder - Unlawful assembly - Common object - Accused no.1 arrived at the scene of occurrence with nine armed men out of which three were equipped with knives and rest were equipped with sticks - Incident occurred as a result of cold blooded plan to murder deceased - Nature of injury inflicted on the vital..........
Central Sales Tax Act, 1956, Section 8(5) -- Applicability of doctrine of contemporanea exposition - Doctrine of contemporanea exposition is based upon the precept that the words used in a statutory provision must be understood in the same way in which they are usually understood in ordinary common parlance by the people in the area and business - Benefit and advantage was..........
Indian Penal Code, 1860, Section 302, 324, 34 -- Murder - Common intention - All four accused persons held victim forcibly and two of them inflicted knife blows on his body which consequently resulted in death of victim - As all acted together and shared common intention, corroborated by testimony of eye witnesses - Thus, provisions of ss.302 r/w 34 of IPC are attracted -..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Abatement of suit - Death of one of three plaintiffs - Suit for permanent injunction - Plaintiffs occupying three different portions of suit property and have filed a joint suit for enforcement of their individual right to use the main gate of the same - Case based on common cause of action - On death of one of plaintiffs,..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Prosecution alleged that 13 persons including A-2 formed unlawful assembly and came to the place of incident with common intention to kill deceased - However, since no allegation of any fatal injury attributed to A-2, he cannot be convicted with the aid of S.34 IPC - A-2 rightly acquitted...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Two rival wills qua suit property of common predecessor set up by both the parties - Plaintiff sought amendment to overcome the defect qua descriptions of corpus of property alienated to him under a testamentary disposition made by his predecessor - Amendment sought is necessary and merely clarificatory..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Suit for permanent and mandatory injunction - Restraining defendant from blocking and locking common passage, entrance gate and bathroom at ground floor of suit property - Plaintiff by means of her title documents proved that she purchased basement/lower ground floor, right in common..........
