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..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 5, Punjab Village Command Lands Regulation Rules, 1955, Rule 5 -- Exchange of Land - Evidently strict language of law would require prior approval but in instant case with persistence of Panchayat, land of petitioner stood utilized and that too for benefit of entire village - Since petitioners continue to be in..........
Indian Penal Code, 1860, Section 149 -- Common object - Deceased died due to single blow - Some persons discharged by investigating agency - Bonafides of complainant not established - All the accused, held, not guilty of offence u/s 149 IPC...........
Indian Penal Code, 1860, Section 302, 149, 147, 148 -- Murder - Common object - Appeal against acquittal - Leave to appeal - Old dispute between parties - Prosecution alleges that all accused gave beatings to deceased by deadly weapons - However, according to medical evidence there was only one injury on the body of deceased which indicates that all accused were not..........
