Indian Penal Code, 1860, Section 302 -- Murder - PW1 had not seen incident nor accused of having caused injury, nor was he present on the spot - PW2 mother of deceased stated that she reached the incident after an hour of incident - She stated that injury was caused to deceased as he fell down on the ground and his head hit the brick road - It was dark night and there was..........
Foreigners Act, 1946, Section 14C -- Abetment - Quashing of proceedings - Allegations that accused facilitated visit of site by two Chinese citizens who were on tourist visas - However, it was employee of Enterprise who had brought them to the site and no prosecution initiated against employee or Enterprises - Even, there is no indication or allegation that accused was..........
Indian Penal Code, 1860, Section 34 -- Common intention - For S.34 IPC to apply there should be common intention between co-perpetrators which means that there should be community of purpose and common design or pre-arranged plan - However, this does not mean that co-perpetrators should have engaged in any discussion, agreement or valuation...........
Maharashtra Regional and Town Planning Act, 1966, Section 126, 127, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 19 -- Development Plan - Designating private land for particular public purpose - Planning Authority duty bound to make survey and come to specific opinion that land which is kept under..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Prosecution is not required to prove that there was an elaborate plan in existence for a long time - Common intention to commit crime is proved if accused by their words or action indicate their assent to join in commission of crime...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 61, 85, Criminal Procedure Code, 1973, Section 389 -- Recovery of 205 gms Alprazolam powder - Suspension of sentence during pendency of appeal against conviction - Accused is in custody for the period of 4 years 7 months and 5 days out of which 3 years and 11 days is after conviction - Accused not involved..........
Service -- Termination - Appointment of appellant was not contractual in nature and he was being paid annual increments also - Post held by appellant was sanctioned and financially supported by UGC under Tenth plan - Though University had power to abolish any department but not the post sanctioned under Tenth plan by UGC - Post held by appellant would correspondingly..........
Insolvency and Bankruptcy Code, 2016, Section 31(1) -- Resolution Plan - Resolution Plan cannot be classified even as a `statutory contract' as there is no provision under IBC referring to a Resolution Plan as a contract - Legal force of a Resolution Plan arises due to the framework provided under IBC but remedies that are specific to the Contract Act cannot be applied, de..........
Insolvency and Bankruptcy Code, 2016, Section 31(1), Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 -- Withdrawal of Resolution Plan by a successful Resolution Applicant under IBC - Whether allowed before it is approved by NCLT - Owing to investigations into accounts of Educomp, applicant filed withdrawal..........
Consumer Protection Act, 1986, Section 2(1)(g), 2(o) -- Consumer complaint - Deficiency in service - Conversion of leasehold property into freehold property - Appellant is not providing any services within meaning of S.2(o) of the Act - Expression service includes housing construction and not allotment of a site or a plot - Deficiency in service does not include transfer..........
