Indian Penal Code, 1860, Section 302, 34, 324, Explosive Substances Act, 1908, Section 3, 4 -- Murder and Voluntarily causing hurt by dangerous weapons - Accused hatched criminal conspiracy and committed murder of deceased by firing gun shot and blasting bomb - Informant, eye witness, resident of other village but acquainted accused during incident proving his presence by..........
Indian Penal Code, 1860, Section 304B, 34, Evidence Act, 1872, Section 113B -- Dowry death - Presumption u/s 113-B of Evidence Act - General and omnibus allegations regarding demand of Rs.1 lakh have been levelled by family members of deceased - No specific date, time or place has been mentioned by witnesses regarding demand of dowry or cruelty - During life time of..........
Arbitration and Conciliation Act, 1996, Section 34, Micro Small and Medium Enterprises Development Act, 2006, Section 19 -- Arbitration award - Setting aside - Parties governed by provisions of MSME Act - Requirement of pre-deposit of 75% of amount in terms of award at the time/before entertaining application for setting aside award is mandatory - However, considering..........
Indian Penal Code, 1860, Section 427, 447, 506, 120B, 34 -- Offence u/ss 427, 447, 506, 120-B, 34 IPC - Offence by company - Chairman, Managing Director, Executive Director, Deputy General Manager, Planner and Executor cannot automatically be held vicariously liable for offence in question, unless there are specific allegations and averments against them with respect to..........
Indian Penal Code, 1860, Section 304(Part I), 304PartII, 34 -- Nature of offence - Incident occurred one day prior to Panchayat elections - Scuffle had taken place between parties on spur of moment and a sudden fight had taken place in the heat of passion upon a sudden quarrel - Occurrence was not a pre-mediated one and there was no intention on part of accused and..........
Indian Penal Code, 1860, Section 302, 34 -- Triple murder case - Testimony of PW1 and PW2 - PW1 and PW2 have categorically stated in their evidence that accused fired shots with their weapons and killed deceased persons - It is also established that accused `S' was also carrying a half gun - Cumulative reading of evidence of PW1 and PW2 along with other material evidence..........
Land Acquisition Act, 1894, Section 23, 34 -- Acquisition of land - Compensation - Interest - Possession of land acquired was taken in the year 1984/1992 - However, there is no evidence that such land was being put to use by landowners even prior to taking of possession by State - But fact remains that possession was taken without payment of compensation depriving..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that gift deed was obtained by practicing fraud and undue influence and therefore be declared as void - Fraud vitiates every solemn act - Finding rendered by trial Court that gift deed was brought about by practicing fraud and undue influence is unassailable and calls no interference - Order of lower appellate..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - A person not party to the decree - Can only sue for declaration in respect of their rights in relation to the decree - However, a person party to the decree when wants relief to the effect that he is no longer bound by the decree, he should ask for setting aside the decree...........
Specific Relief Act, 1963, Section 34, Proviso -- Suit for declaration without seeking relief of possession - Maintainability - Parties succeeded to property jointly after death of deceased - They are co-sharers - Every co-sharer is deemed to be in possession of every part of joint property - Plaintiff can pray for delivery of actual physical possession in a partition..........
