Hindu Law -- Joint Family property - Doctrine of blending - It is necessary for the concerned party to prove that property was thrown in common stock with intention of abandoning all separate claims upon it - Clear intention in that regard needs to be established and only after that doctrine of blending can be used - Blending is possible only if coparcenary property is in..........
Criminal Procedure Code, 1973, Section 227 -- Discharge of accused at the stage of framing of charge - Accused along with co-accused purchased victim girl who is below 18 years, for consideration to use her during whole night but could not do so as she was unwell - No explanation given by accused as to said fact - Both accused persons shared common intention - Deliberate..........
Indian Penal Code, 1860, Section 302, 149, 34 -- Murder - Unlawful assembly - Common intention - Held, even if accused has not been charged with aid of S.34 IPC and instead charged with aid of S.149 IPC, he can be convicted with aid of S.34 IPC when evidence shows that there was common intention to commit crime and no prejudice or injustice has been caused to accused..........
Arbitration and Conciliation Act, 1996, Section 7 -- Unworkable arbitration clause - Duty of Court - Held, it would be duty of Court to make same workable within permissible limits of law without stretching it beyond boundaries of recognition - In other words, a common sense approach has to be adopted to give effect to intention of parties to arbitrate - In such case,..........
Indian Penal Code, 1860, Section 34 -- Common Intention - Participation of accused in crime is not sufficient to arrive at a conclusion of having common intention - Common intention may be pre arranged by pre-meeting of minds and may also be developed at the spur of moment...........
Indian Penal Code, 1860, Section 323, 447, 34 -- Voluntarily causing hurt - Criminal trespass - Common intention - Accused `M' & `R' themselves sustained injuries thus there presence at the place of incident is proved - Nothing on record to show that both the accused had any common intention with accused `S' to inflict severe injury to deceased or to commit his murder -..........
Indian Penal Code, 1860, Section 307, 326, 34 -- Attempt to murder - Alteration of conviction - Conviction u/s 307 IPC - Testimonies of PW1 and PW2 and medical evidence do not establish ingredients of S.307 IPC - Appellant had no common intention to cause death - Neither ocular version of PW1 corroborative on this point nor medical evidence - Intention for attempt to..........
Indian Penal Code, 1860, Section 376(2)(g), Expl.1 & 34 - - Gang rape - Common intention - Held, where there are more than one person acting in furtherance of their common intention of committing rape on a victim, it is not necessary that prosecution should adduce clinching proof of completed act of rape by each one of accused on victim...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2, Punjab Village Common Lands (Regulation) Act, 1961, Section 13A -- Shamalat deh - Ad interim injunction - Rejection of - Land in dispute is a shamlat deh and Gram Panchayat is described its owner in revenue record - Kind of land shows as Tibba and Choe (no, cultivable) - Revenue record in which Gram Panchayat..........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Common object - Parcha Bayan and statements of other witnesses of prosecution shows that incident had taken place all of a sudden - No evidence on record to show that there was formation of unlawful assembly - Even the incident of Marpeet as given by prosecution is improbable that accused persons would break the..........
