Indian Penal Code, 1860, Section 405 -- Criminal breach of trust - To prove the offence it must be proved that accused dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or..........
Indian Penal Code, 1860, Section 302, 34, 304 - - Murder - Common intention to cause death - Nature of injuries inflicted on deceased and other circumstances should be weighed by the court - Accused persons went to house of the complainant and initiating fight there - Though appellants had no enmity with the deceased but when deceased intervened, three of the appellants..........
Indian Penal Code, 1860, Section 300 - - Sudden fight upon a sudden quarrel - On facts, if so or merely a mutual fight - Appellants went to the house of complainant house well prepared for a fight and provoked the complainant party and initiated a quarrel - They took undue advantage of the deceased being unarmed and attacked him causing his death - There was no sudden..........
Indian Penal Code, 1860, Section 326 -- Causing grievous injury - FIR as well as eyewitnesses clearly stating that appellant inflicted injury with his weapon on the victim - Medical evidence showing that the injury was grievous and was inflicted by a sharp-edged weapon - Plea of appellant as to exercise of right of self-defence rightly rejected by High Court - Held that,..........
Criminal Procedure Code, 1973, Section 145, 146 -- Effect of the order of Magistrate passed u/s 145/146 Cr.P.C. - (i) `Competent Court' - Do not necessarily mean a civil court only - A competent court is one which has the jurisdictional competence to determine the question of title or the rights of the parties with regard to the entitlement as to possession over the..........
Civil Procedure Code, 1908 -- Order 6 ,R. 17 - Specific Relief Act, 1963, Sections 21 and 22 - Amendment of plaint - Suit for specific performance - Amendment sought so as to plead that in the alternative the plaintiff entitled to the refund of the earnest money - Prayer made on behalf of the plaintiff held to be in consonance with the provisions of Section 21 of the Act..........
Evidence Act, 1872, Section 27, Indian Penal Code, 1860, Section 302 -- Disclosure statement - Recovery of dead body on the basis of information already known - Section 27 of the Evidence Act has no application...........
Civil Procedure Code, 1908, Section 115 -- Order XV Rule 5 ( as applicable to the State of Punjab, Haryana and Chandigarh) - Striking off defence - Revisional jurisdiction - The trial court exercised jurisdiction lawfully by refusing to strike off defence and accepting the deposit of arrears of rent - High Court held not justified in interfering with the same in exercised..........
Criminal Procedure Code, 1973, Section 313 -- Examination under Section 313 of the Code is not an empty formality - Purpose is to bring to the notice of the accused the materials brought on record by the prosecution to substantiate its accusations - An opportunity is granted to the accused to explain incriminating circumstances against him and have his say in the..........
Punjab Municipal Act, 1911, Section 84,86, Civil Procedure Code, 1908, Section 9 -- Civil - Bar of jurisdiction of civil court - Suit for permanent injunction filed against the action of appellant in assessment of the property to property tax and demand of arrears of tax - Preliminary objection by the appellant against the maintainability of suit based on Section 84 and..........
