Indian Penal Code, 1860, Section 304(Part I), 304(Part II) -- Nature of offence - Accused allegedly hit a blow on the head of deceased with the weapon of offence (Weed axe) resulting in his death in hospital - Weapon of offence is a common agricultural tool - Deceased died due to internal head injury - Accused could only be attributed with knowledge that it was likely to..........
Civil Procedure Code, 1908, Order 7, Rule 11, Carriers by Road Act, 2007, Section 16 -- Rejection of counter claim - Counter claim against common carrier in respect of claims for damages for the loss of reputation, business opportunity etc. - Such claims are not in connection with damage or loss to the consignment - S.16 of the Act of 2007 does not come into play -..........
Carriers by Road Act, 2007, Section 16 -- Claim of damages against common carrier - Notice to carrier prior to institution of suit - Prior notice is not mandatory when claim is in respect of damages to reputation, business opportunity and not in respect of loss or damage to any consignment...........
Indian Penal Code, 1860, Section 120B -- Criminal conspiracy - To prove the offence of criminal conspiracy, it is imperative to show a meeting of minds between conspirators for intended common object...........
Indian Penal Code, 1860, Section 120B -- Criminal conspiracy - Accused has only concealed the relevant incriminating evidence/articles - Materials on record in no way establish that before commission of offence, accused had any common purpose, object or intention of committing the crime - Conviction and sentence set aside...........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - None of the eye witnesses stated that all accused persons had come with a common object of committing murder and assaulting injured PW2 - It is also not stated by any of the eye witnesses that there were any utterances by one or many or all the accused that they must eliminate the deceased and cause injuries to..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7(2) -- Eviction - Unauthorized occupation - Petitioners are in unauthorized occupation of Gram Panchayat land reserved for purpose of school playground - Unauthorized occupation and possession of land which is reserved for school playground cannot be directed to be legalized on payment of market price - There is..........
Civil Procedure Code, 1908, Section 25 -- Transfer of case - Inter State transfer - S.25 CPC applies to inter State transfer of a suit, appeal or other proceeding where both the States have a High Court in terms of Art.214 of Constitution and not to a transfer where both States have a common High Court u/art 231 of Constitution...........
Civil Procedure Code, 1908, Section 24 -- Transfer of case - Inter State transfer - Power u/s 24 CPC can be exercised by High Court even for inter State transfer of a suit, appeal or other proceeding, if it is the common High Court for two or more States u/art 231 of Constitution and both the Civil Courts (transferor and transferee) are subordinate to it...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Sole testimony of eye witness - PW1/wife of deceased categorically stated in her deposition that incident occurred in the house of A-3 - She specifically stated that A-1 caused four injuries on head of deceased and A-3 dragged the body of deceased and thrown it on the gate of her house - Presence of A-3 at the place of..........
