Evidence Act, 1872, Section 3 -- Circumstantial evidence - Appreciation of evidence - Held, in a case based on circumstantial evidence, settled law is that circumstances from which conclusion of guilt is drawn should be fully proved and such circumstances must be conclusive in nature - Moreover, all circumstances should be complete and there should be no gap left in chain..........
Criminal Procedure Code, 1973, Section 204 -- Summoning order - Exercise of power - Held, summoning order is not such a ordinary or common order which could be passed mechanically - Before taking cognizance in a given case and proceeding to pass summoning order, it is incumbent upon Magistrate concerned to see entire allegations made in complaint as well as statement..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Plaintiffs filed suit for declaration of right, title and interest over the suit land and for eviction of defendant No.1 with a prayer for permanent injunction - Earlier, suit for declaration of title and permanent injunction filed by purchaser of disputed land from common ancestor of..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Conviction - Sustainability - Accused persons eight in number caused death of deceased by strangulating his body and thereafter cutting it into pieces and packing the same in gunny bags and abandoning at deserted place - Offence committed with common intention and collective participation - Prosecution proved its case..........
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..........
