Civil Procedure Code, 1908, Order 1, Rule 3 -- Joining of defendants - Provision U.O.1.R.3 CPC would be attracted only when right to relief against defendants is said to be in respect of the same acts or transactions and common questions of law or facts would arise if separate suits were brought against them...........
Indian Penal Code, 1860, Section 494, 34 -- Bigamy - Allegation against relatives/friends - A-3 and A-4 were not even alleged to be present at the time of marriage - Hence, involvement of these accused for the charge of having a common intention to commit the offence u/s 494 IPC is not established by any iota of evidence - Proceedings qua A-3 and A-4 quashed...........
Indian Penal Code, 1860, Section 494 -- Bigamy - Allegation against relatives/friends - A-5, A-6 and A-7 witnessed the alleged bigamous marriage - However, they have no knowledge that A-1 was already married to complainant - In absence of such allegation, prosecution of said accused persons for the charge of having a common intention to commit offence u/s 494 IPC is..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Court Commissioner - Suit land claimed to be common pathway - It was basically claim of title over the land which is said to be a pathway allegedly used by both the parties - Claim has to be determined by Court on the basis of oral and documentary evidence - Suit is at the stage of arguments - Application..........
Indian Penal Code, 1860, Section 34 -- Common object - Fight between deceased and A-2 - A-1 handed over gun to A-2 asking him to have better aim and shoot deceased, which he did not do - Thereafter A-1 took the gun back and shot the deceased - That does not mean that A-2 played a role in instigating A-1 to commit the offence - A-2 cannot be held liable u/s 34 IPC for..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Testimony of two injured eye witnesses - All the accused initially assembled in front of house of deceased and first two of them arrived and later rest of them came in auto rickshaw - They were armed with weapons especially choppers and thereafter trespassed into the house of deceased - PW3 and PW4 are eye witnesses who..........
Indian Penal Code, 1860, Section 34 -- Common intention - When S.34 IPC is applied then each of accused should be convicted under the same provision and awarded the same sentence...........
Evidence Act, 1872, Section 18 -- Admission by common ancestor in matter of inheritance - Where children from the first wife brought a suit for possession of their father's property disputing second marriage of their father, admission of their deceased father that defendant, as his legally wedded wife, was binding on the plaintiffs...........
Indian Penal Code, 1860, Section 34 -- Common intention - To bring a case within S.34 IPC, it is not necessary to prove prior conspiracy or premeditation - It is possible to form a common intention just before or during the occurrence...........
Indian Penal Code, 1860, Section 302, 325, 34 -- Murder - Common intention - Bullet was fired by A-3 as a result of which deceased lost his life - Even, without applicability of S.34 IPC, A-3 could have been convicted for offence punishable u/s 302 IPC...........
