Indian Penal Code, 1860, Section 34 -- Common intention - Essence of liability u/s 34 IPC is simultaneous consensus of minds of persons participating in criminal act to bring about a particular result which consensus can even be developed at the spot...........
Indian Penal Code, 1860, Section 34 -- Common intention - To constitute common intention, it is absolutely necessary that intention of each one of accused should be known to rest of accused...........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Common intention - Quarrel took place between accused and complainant - Main accused took out a pistol and opened fire - Prosecution miserably failed to establish any common, premeditated or prearranged intention jointly of accused and main accused to kill complainant on the spot or otherwise - Prosecution..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 341, 506, 188, 34, Arms Act, 1959, Section 25, 27 -- Anticipatory bail - Second application - Second application for anticipatory bail is maintainable when first anticipatory bail application was dismissed as withdrawn and same was not decided on merits - Petitioner already joined investigation..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration on basis of adverse possession - Suit is maintainable...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Without seeking relief of possession - Maintainability - Co-owners - Plaintiffs are co-sharers in suit property to the extent of 1/3rd share each - Every co-owner is deemed to be in joint possession of every inch of joint land even if same is in exclusive possession of one of co-owners - However, co-owner in..........
Indian Penal Code, 1860, Section 307, 34, Arms Act, 1959, Section 25, Criminal Procedure Code, 1973, Section 319, 173 -- Attempt to murder - Summoning of petitioner to appear before Court as accused - Revision petition - Contention of petitioner that supplementary report u/s.173(8) Cr.P.C. has not been submitted and so order of summons being premature - Complainant shot by..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and permanent injunction - Plaintiff claims title over suit property by way of oral partition before 50 years ago - Patta was issued in the name of plaintiff on basis of said oral partition - However, no revenue document was produced to prove his possession for past 50 years - Plaintiff not entitled..........
Criminal Procedure Code, 1973, Section 427, Indian Penal Code, 1860, Section 392, 394, 34 -- Concurrent running of sentences - Three FIRs relating to different transactions - Offence u/ss 392, 394, 34 IPC - Accused is a young man with roots in his family - Accused already undergone 10 years of imprisonment for conviction in one FIR and currently undergoing imprisonment for..........
Drugs and Cosmetics Act, 1940, Section 18(c), 34 -- Sale of drugs - Without license - Order taking cognizance - Complaint does not mention as to specific role of petitioner with regard to concerned sale of medicines and whether license was to be obtained by him for purpose of sale, storage and distribution - Even, there is no specific averment of petitioner over act except..........
