Indian Penal Code, 1860, Section 34 -- Common intention - If final outcome or offence committed is distinctly remote and unconnected with common intention, S.34 IPC would not be applicable - However, if criminal offence done or performed was attributable or was primarily connected or was a known or reasonably possible outcome of the preconcert/contemporaneous engagement or..........
Indian Penal Code, 1860, Section 302, 447, 504, 506, 341, 34 -- Murder - Common intention - Role of co-accused were limited to holding and twisting the hands of deceased - Co-accused not assaulted after deceased had fallen down and were not responsible for injuries suffered by deceased resulting in his death - They did not facilitate and help main accused `K' in assault he..........
Auction sale -- Recovery proceedings - Non-grant of interim relief pending appeal before DRAT - Main appeal is yet to be considered by DRAT on merits - High Court has not properly appreciated the fact that what was challenged before it was regarding non-grant of any interim relief pending appeal before DRAT - High Court has decided and disposed of writ petition as if High..........
Criminal Procedure Code, 1973, Section 173(2)(i) -- Cancellation report - Notice to Legal heirs of deceased complainant - Respondents are neither first informants nor injured witnesses - Land in question was in ownership of petitioner's side - Legal Heirs of complainant thus, have a limited role in opposing cancellation report - More so, when they choose not to appear..........
Partition suit -- Preliminary decree - Appeal - Maintainability - Appeal only maintained against preliminary decree by which shares have been declared - There is thus, no reason to go into question about allotment of properties which is a matter to be gone into in final decree proceedings - Appeal dismissed...........
Criminal Procedure Code, 1973, Section 173(2) -- Final report - Evidentiary value - Final report itself cannot be termed as a substantive piece of evidence being nothing but a collective opinion of I.O...........
Ratio decidendi -- Final relief granted by Court need not be natural consequences of ratio decidendi of the judgment...........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Statement of sanctioning authority has been recorded as PW99 - Matter is pending trial - Court feels to abstain from making any comment as legality shall be adjudicated by trial Court after final arguments are heard - Since there are no legal grounds to interfere in the course of trial, petition..........
Service -- Promotion to Head constable - Recommendation of Departmental Promotion Committee (DPC) is not final as per Rules applicable and does not give any indefinite right to be appointed as Head Constable - It is the domain of IG as also Central Departmental Promotion Committee to analyze, consider and clear names of candidates found fit to be promoted to the post -..........
Companies Act, 2013, Section 271(c) -- Order of Winding up of company - Appeal against - In instant case, company was incorporated with a fraudulent motive to collude and connive with the officials of respondent to get bandwidth from it by entering into an agreement in 2005, which was subsequently cancelled by the Government - These findings are actually borne out by..........
