Indian Penal Code, 1860, Section 304 -- Part II - Culpable homicide not amounting to murder - Accused gave a danda blow on forehead of deceased - Deceased fell unconscious and succumbed to injuries - Act of accused with knowledge that it was likely to cause death but without any intention to cause death - Accused had no intention to cause death - Case clearly falls under..........
Indian Penal Code, 1860, Section 34 -- Common intention - Contention that co-accused could not have convicted with aid of S.34 as this section is nowhere mentioned in impugned judgment - Held, mention of section in judgment is not requirement of law to convict a person - If ingredients of offence are present, conviction can be made...........
Indian Penal Code, 1860, Section 34, 149 -- Scope - Both sections deal with the vicarious liability of an accused for an offence committed by another - Under Section 34 IPC 'when a criminal act is done by several persons in furtherance of the contemplation of all, each of such persons is liable for that act in the same manner as if it were done by him alone' - Similarly..........
Indian Penal Code, 1860, Section 376 -- Rape on minor girl aged 7/8 years - Trial Court imposed sentence of 10 years - Reduced to 4 years by High Court on reasoning that offence committed while in state of intoxication, that accused was unsophisticated and illiterate citizen belonging to weaker section of society and his family members were dependent upon him - Held,..........
Indian Penal Code, 1860, Section 376(2) -- Rape - Imposition of sentence - Held, normal sentence in a case where rape is committed on a child below 12 years of age, is not less than 10 years R.I. - However, in exceptional cases `for special and adequate reasons' sentence of less than 10 years R.I. can also be awarded - In present case, High Court reduced sentence on ground..........
Civil Procedure Code, 1908, Section 20, 2(e), Arbitration and Conciliation Act, 1996, Section 34 -- Territorial jurisdiction - It cannot always be said, in view of S.20 of CPC that only one Court has jurisdiction to try the suit - Territorial jurisdiction is conferred upon a Court on various considerations - Once it is brought to the notice of a Court that proceedings..........
Indian Penal Code, 1860, Section 34 -- Common intention - Apart from the fact that there should be two or more accused, two factors must be established (i) common intention (ii) participation of the accused in the commission of an offence - The essence of Section 34 is simultaneous consensus of the minds of persons participating in the criminal action to bring about a..........
Criminal Procedure Code, 1973, Section 125 -- Divorced wife - If the divorced wife is unable to maintain herself and if she has not remarried, she is entitled to claim maintenance allowance - A divorced woman continues to enjoy status of a wife for limited purpose of claiming maintenance in view of Explanation (b) to Section 125(1) Cr.P.C...........
Civil Procedure Code, 1908, Section 92, Order 7, Rule 11 -- Leave of Court - Notice to defendant - As a rule of caution, Court should normally give notice to the defendants before granting leave to institute a suit under the said section but the Court is not bound to do so - If a suit is instituted on the basis of such leave, granted without notice to the defendants, the..........
Criminal Procedure Code, 1973, Section 202, 465 -- (a) Under Section 200 Magistrate has jurisdiction to take cognizance of an offence on the complaint after examining upon oath the complainant and the witnesses present; (b) When the complaint is made in writing by a public servant in discharge of his official duties, the Magistrate need not examine the complainant and the..........
