Indian Penal Code, 1860, Section 34 -- Common intention - Applicability of S.34 depends upon the facts and circumstances of each case - No hard and fast rule can be laid down as to the applicability or non-applicability of S.34 - For applicability of the section it is not necessary that the acts of several persons charged with commission of an offence jointly, must be the..........
Indian Penal Code, 1860, Section 34 -- Common intention - A person may be constructively liable for an offence which he did not actually commit by reason of: (1) the common intention of all to commit such an offence (Section 34); (2) his being a member of a conspiracy to commit such an offence (Section 120A); (3) his being a member of an unlawful assembly, the members..........
Civil Procedure Code, 1908, Section 34 -- Interest Act, 1978, Section 2(b) - Interest - Awarding of or declining of interest pendente lite and post-decree interest - Court's discretion has to be used fairy judiciously and for reasons and not in arbitrary manner - Judgment and decree passed by the Court's below shows no reasons declining interest - The plaintiff held..........
Civil Procedure Code, 1908, Section 24 -- Transfer of case - Scandalous allegations against the judicial officer cannot be levelled to constitute the basis for entertaining an application for transfer of proceedings under Section 24 of the Code - The allegations remained unsubstantiated - Taking a lenient view petition dismissed with costs of Rs.10,000/-...........
Land Acquisition Act, 1894, Section 51, Civil Procedure Code, 1908 -- Order 20 ,R. 6-B - Civil - Award - Supply of copy - Rule 6-B of Order 20 CPC does not control Section 51 of the Land Acquisition Act - A person is entitled to have a copy of the award prepared under the provisions of the Act free of cost irrespective of the fact whether he intends to file an appeal u/s..........
Criminal Procedure Code, 1973, Section 173 -- Investigation conducted in breach of mandatory provision - Court is competent to take cognizance - Cognizance taken by trial Court cannot be set aside by High Court under Section 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 2(h) -- 'Investigation' - It includes all the proceedings under the Code for the collection of evidence conducted by a police officer or by any person (other than a Magistrate) who is authorised by a Magistrate in this behalf - It ends with the formation of the opinion as to whether on the material collected, there is a case to place..........
Civil Procedure Code, 1908, Section 9 -- Companies Act, 1956, Sections 9 and 10 - Press and Registration of Books Act, 1867, Section 8-C - Specific Relief Act, 1963, Section 6 - Jurisdictional bar of civil court - Possession and dispossession from press - Rival claims of parties as to whether one party has illegally been dispossessed by the other or not - Such a suit apart..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 154 -- Rape - Non examination of First informant - FIR proved and exhibited through I.O. - FIR can only be read that in fact it was recorded at the date and time mentioned by the I.O. in his evidence - Contents of the F.I.R. cannot be used for any purpose to base the conviction save and except in..........
Consumer Protection Act, 1986, Section 2(1),(d),(ii) -- Consumer - Applicant for house allotment - A person who has applied for allotment of a house is covered by definition of a `consumer' as contained in Section 2(1) (d) (ii) of the C.P. Act...........
