Indian Penal Code, 1860, Section 34 -- Vicarious liability - Applicability - Two factors must be established i.e. common intention and participation of accused in crime - If intention is proved but no overt act committed, section can still be invoked - Phrase `common intention' means pre-oriented plan and acting in pursuance to plan - However, common intention to give..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Accused A1 to A3 instigated accused A4 to annihilate the deceased and seek his revenge - All the three accused were bare handed - No evidence of conspiracy - No active role on their part - Neither they assaulted deceased or any other person nor had facilitated causing of injuries to deceased - No..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g) -..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13A -..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Wife alleging husband having extra marital relationship - Father of husband and son of husband deposing otherwise - Common sense does not give consent to the theory that both of them abandoned normal perception of life and acceded to the illicit intimacy of husband...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g) - - Gram Panchayat - Land described as `Mustarka Thola Panchayam' - In record of rights land in dispute belong to Mustarka Thola Panchayam and in column of cultivation words Makhbooja Malkan were entered which was reflective of the fact that only proprietors of such Thola Panchayam were in possession of such..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g) - - Gram Panchayat - `Shamlat Deh' - In terms of S.2(g) `Shamlat Deh' would not include lands which are described in revenue records as Shamlat, Patti, Panna and Tholla etc. and which are not being used as per revenue record for benefit of village community or for common purposes of village...........
Prevention of Corruption Act, 1988, Section 19(1)(c) -- Sanction for prosecution - Very object of sanction to prosecute, is to protect the eligible public servant from malicious and vexatious prosecution - The intention is not to put a wall around public servants, who act mala fidely - The policy is not to set an official above the common law and if he commits a common..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Law as to : (1) Ordinarily a litigant does not stand to benefit by lodging an appeal late; (2) Refusing to condone delay can result in a meritorious matter being thrown out at the very threshold and cause of justice being defeated. As against this when delay is condoned the highest that can..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Ejectment - `Jumla Mushtarka Malkan' Land - Held, Gram Panchayat has no right to file petition u/s.7 of the Act 1961 seeking ejectment of petitioners from land described as `Jumla Mushtarka Malkan' - Gram Panchayat is required to file petition by following procedure prescribed, under Punjab Gram Panchayat..........
