Motor Vehicles Act, 1988, Section 166 -- Accident - Minor child - Determination of income - Appellant was an 8 year old child at the time of accident - Considering prevailing minimum wages, which for skilled ones, as in the year of accident, i.e., 2012, in Gujarat would be Rs.227.85 per day, therefore, it is appropriate to determine income of appellant as Rs.6,836 per..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Conviction - Appreciation of evidence - None of the witness testimonies indicated premeditation of mind between the accused and co-accused - Further, the eyewitness/informant failed to mention in the FIR any active role of the accused in the alleged offence apart from the role of exhortation - Moreover, general..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Mere presence of the accused on the spot is not sufficient to establish common intention of the accused...........
Indian Penal Code, 1860, Section 34 -- Common Intention - The accused who only keeps the common intention in his mind, but does not commit any act or omission, cannot be convicted with the aid of S.34 IPC...........
Indian Penal Code, 1860, Section 34 -- Common Intention - To ascertain common intention, the totality of circumstances must be taken into consideration in concluding whether the accused had such intention to commit an offence of which he could be convicted...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Mere denial of case of complainant is not sufficient to shift burden on complainant...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Accused failed to rebut the presumption u/s 139 of the Act - Complainant on the other hand has succeeded in establishing that cheque was issued by accused in discharge of a legally enforceable debt - Registered notice sent to accused was returned as unclaimed - Endorsement in notice..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea that interest claimed by complainant was excessive and in violation of Kerala Money Lenders Act and therefore it was an illegal transaction and for that reason, cheque cannot be treated as a cheque issued in discharge of a legally enforceable debt etc. - Plea rejected, as non banking financial..........
Indian Penal Code, 1860, Section 342, 363, 366(A), 376(AB), Protection of Children from Sexual Offences Act, 2012, Section 6, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Offence u/Ss. 342, 363, 366(A), 376(AB) IPC and S.6 POCSO - Bail - Accused aged 17 years and 17 days - Children Court without considering the Social Investigating Report..........
Indian Penal Code, 1860, Section 342, 363, 366(A), 376(AB), Protection of Children from Sexual Offences Act, 2012, Section 6, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Offence u/Ss. 342, 363, 366(A), 376(AB) IPC and 6 POCSO - Bail - Juvenile aged 17 years and 17 days - Children Court without considering the Social Investigating Report..........
