Indian Penal Code, 1860, Section 376 2)(g), 368 -- Gang rape - Accused took prosecutrix on cycle at knife point to the house of co-accused and committed rape on her on cot and space provided to the accused by co-accused - Held, mere providing space and cot and helping accused in wrongfully detaining prosecutrix will not warrant inference of common intention or meeting of..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Deceased all alone and unarmed, went to the house of accused `M' to demand his money back - Outside the house, two other accused `D' and `N' get together - Accuse `M' caught hold deceased from his arms - Accused `D' gave repeated stab blows on vital parts of body puncturing heart and lungs - Accused..........
Indian Penal Code, 1860, Section 34 -- Common intention - Three ingredients are : (a) Criminal act is done by several persons; (b) such act is done in furtherance of the common intention of all; and (c) Each of such persons is liable for that Act in the same manner as if it were done by him alone - Some individual participation in the commission of criminal act is the..........
Indian Penal Code, 1860, Section 149 -- Common object - S.149 IPC is in two parts - First part deals with commission of an offence by any member of an unlawful assembly in prosecution of the common object of that assembly and second part deals with commission of an offence by any member of an unlawful assembly in a situation where other members of that assembly know the..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 18, 23A, Punjab Village Common Lands (Regulation) Act, 1961, Section 5, 5A, Punjab Village Common Lands (Regulation) Rules, 1964, Rule 3(1), 3(2), 8 -- Common purpose - Change of user of land - Held, Consolidation Act, scheme of consolidation, Rules framed thereunder, 1961 Act or 1964..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 18, 23A, Punjab Village Common Lands (Regulation) Act, 1961, Section 5, 5A, Punjab Village Common Lands (Regulation) Rules, 1964, Rule 3(1), 3(2), 8 -- Common purpose - Change of user of land - Held, user of any land vested in Gram Panchayat as Shamilat Deh or otherwise, shall not be..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 114 -- Dishonour of cheque - Legally enforceable debt or other liability - Discharge of onus by accused - Held, accused can discharge onus by relying upon S.114 of Evidence Act while adducing evidence as to common course of natural events, human conduct and public or private business to prove no,..........
Prevention of Food Adulteration Rules, 1955, Rule 44.1 -- Universal salt iodisation - The question whether there should be universal salt iodisation is a much debated technical issue relating to medical science - Decision in such matters can only be taken by experts after carrying out exhaustive surveys, trials, tests, scientific investigations and research - Courts are..........
Prevention of Food Adulteration Act, 1954, Section 23(1A)(f), Prevention of Food Adulteration Rules, 1955, Rule 44.1 -- Universal salt iodisation - If use of common salt is not injurious to health, the question of making a rule prohibiting the sale of such a substance does not arise under clause (f) of S.23(1-A) of the Act...........
Civil Procedure Code, 1908, Order 1, Rule 8 -- Representative suit - Scope of O.1.R.8 CPC - Held, scope and applicability of O.1.R.8 CPC is that it provides an exception to general rule that all interested persons should be made parties to the suit - In a case where there are numerous persons having same interest in one suit, the rule enables a party to represent such..........
