Indian Penal Code, 1860, Section 149 -- Once it is established that the unlawful assembly had common object, it is not necessary that all persons forming the unlawful assembly must be shown to have committed some overt act - For the purpose of incurring the vicarious liability under the provision, the liability of other members of the unlawful assembly for the offence..........
Indian Penal Code, 1860, Section 149 -- Offence committed by unlawful assembly in prosecution of common object - It is not necessary for prosecution to prove actual role played by each and every member of the unlawful assembly - Each member is guilty of offence committed in prosecution of common object...........
Indian Penal Code, 1860, Section 302,149,147,148,450, Evidence Act, 1872, Section 3,118 -- Appellant convicted on the testimony of three eyewitnesses - Appeal - PW2 was child witness and Court itself stated that she lacks power of understanding because of her childhood - Presence of PW1 at the time of incident was doubtful as he himself admitted in his cross examination..........
Indian Penal Code, 1860, Section 302,149 -- Murder - Unlawful assembly - Proof of - Conviction awarded by trial court for both offences i.e. u/s 302 and also u/s 302 r/w. S.149 IPC for death of deceased - Held, as a matter of fact, conviction of appellant for both offences reveals that learned trial court itself had not come to a definite conclusion as to which of two..........
Motor Vehicles Act, 1988, Section 166, 149, 146 -- Insured Vehicle given by owner to Transport Corporation on contract basis to ply the same - Control of the vehicle with Corporation - Driver of vehicle caused fatal motor accident - Held, Insurance co. is liable to pay compensation to claimants of deceased - No liability can be fastened on driver or owner or corporation -..........
Indian Penal Code, 1860, Section 149 -- Common object - S.149 IPC is in two parts - First part deals with commission of an offence by any member of an unlawful assembly in prosecution of the common object of that assembly and second part deals with commission of an offence by any member of an unlawful assembly in a situation where other members of that assembly know the..........
Civil Procedure Code, 1908, Section 149 -- Deficient court-fees - Power of Court - Discretionary - Held, u/s 149 of CPC, Court has discretion to allow the person to make up the deficient court fees at any stage of the proceedings even without there being an application by a party - Only question to be considered is as to whether in given situation, said discretion deserves..........
Criminal Procedure Code, 1973, Section 464, Indian Penal Code, 1860, Section 302, 149 -- Murder - Unlawful assembly - Framing of charge - Defect therein - Effect thereof - Charge on record shows that all nine accused charged u/ss 147, 452, 323, 302 of IPC - S.149 of IPC not mentioned with S.302 of IPC while framing charge - Appellants convicted u/s 149 - Proprietary of -..........
Motor Vehicles Act, 1988, Section 166, 149 -- Accident - Motorcycle driven by minor having no driving licence hit the scooter of deceased from behind who was thrown on the ground and deceased succumbed to the fatal injuries - Story that minor took the keys of motorcycle without any intimation appears to be highly improbable and far fetched - Owner rightly made liable to..........
Indian Penal Code, 1860, Section 302,149,307 -- Murder - Attempt to murder and hurt - Accused armed with lathies and guns assaulted complainant party resulting into death of deceased - Testimony of eye witness truthful and corroborated by medical evidence - Adverse inference cannot be drawn for non examination of inhabitants of village particularly when incident is proved..........
