Indian Penal Code, 1860, Section 34 -- Murder - Common intention - It is not necessary that each one of accused must have assaulted the deceased - It is enough if evidence shows that they engaged in acts of commission or omission, may be separate, may be similar or diverse, in furtherance of a common intention...........
Indian Penal Code, 1860, Section 302, 307, 34 -- Murder - Common intention - Sequence of events proved that A-1 led the group armed with a pistol - It is after exhortation that A-3 blocked the way of deceased and held him hostage in his arms rendering him as easy target for A-2 to inflict fatal stab wound from behind - In course of same transaction, A-1 used the fire arm..........
Criminal Procedure Code, 1973, Section 164A -- Medical examination - Rape victim - Two common reasons for negative wet smear in victims of sexual assault are: (i) delay in taking the samples, due to late reporting; and (ii) Washing of genitals...........
Civil Procedure Code, 1908, Section 21 -- Jurisdiction - For determining jurisdiction, entire averments in plaint, legal rights set up in plaint, source of legal rights, whether they emanate from any statute or under the common law mentioned in the plaint, reliefs claimed in plaint, valuation shown in the plaint for the purpose of jurisdiction etc. are relevant factors -..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - Charge framed for higher offence - Accused can be convicted for lesser offence provided such lesser offence is "cognate offence" - Ingredients of such lesser offence has to be common - If offence/s for which charge is framed, is one and other offence for which conviction is recorded is different in its..........
Civil Procedure Code, 1908, Order 21, Rule 10 -- Execution - Decree in a suit for fixation of common boundary of properties of plaintiffs and defendants can be demarcated in an execution proceeding at the instance of defendant...........
Co-owner/Co-sharer -- Adverse possession - A co-owner's possession of common property is not prima facie adverse against another co-owner, because such possession is considered as one on behalf of all co-owners, except when there is clear proof of ouster or assertion of a hostile title...........
Indian Penal Code, 1860, Section 376, 120B -- Rape - Conspiracy - Prosecutrix allegedly handed over by three co-accused to accused `D' who committed rape upon her - Co-accused left the spot after handing over prosecutrix to accused `D' - No evidence of any pre-mediation or pre-arranged plan by accused, thus, there was no common intention to commit the offence - Moreover,..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Where a competent Court in earlier suit of perpetual injunction gave a finding that a particular piece of land is a common passage, which having attained finality, said findings in the subsequent suit of declaration between same parties and regarding same subject matter is binding on parties and operates as res..........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Violation of status quo order - Plaintiff contended that defendant violated the interim order of status quo by removing the stall on the suit property - Contention rejected as suit property is a common passage and all the parties have equal rights - Order of status quo would only convey that parties have to..........
