Indian Penal Code, 1860, Section 300 -- Clause (4) - Clause (4) of Section 300 would be applicable where the knowledge of the offender as to the probability of death of a person or persons in general as distinguished from a particular person or persons-being caused from his imminently dangerous act, approximates to a practical certainty - Such knowledge on the part of the..........
Indian Penal Code, 1860, Section 299 -- Clause (c), S.300 Clause (4) - Both the provisions require knowledge of the probability of the act causing death - Clause (4) of Section 300 would be applicable where the knowledge of the offender as to the probability of death of a person or persons in general as distinguished from a particular person or persons - being caused from..........
Indian Penal Code, 1860, Section 300 -Clause Thirdly - Culpable homicide - For applicability of S.300 thirdly prosecution must prove : (1) it must establish, quite objectively, that a bodily injury is present; (2) the nature of the injury must be proved; These are purely objective investigations; (3) it must be proved that there was an intention to inflict that particular..........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Where common object of an unlawful assembly is not proved, the accused persons cannot be convicted with the help of Section 149...........
Industrial Disputes Act, 1947, Section 2(j) -- Industry - Indian Red Cross Society - Held to be an industry under Section 2(j) of the Act...........
Indian Penal Code, 1860, Section 452 -- House trespass - Not necessary that at the time of committing house-trespass accused must be in possession of deadly weapons and that hurt should actually be caused, on the person of the victim. For constituting the offence, punishable under Section 452 of the Indian Penal Code, it is not necessary that at the time of committing..........
Indian Penal Code, 1860, Section 420, 405 -- Word `property' - Meaning of - Held, word `property' is used in IPC in a much wider sense than the expression `movable property' - Whether offence defined in a particular section of IPC can be committed in respect of any particular kind of property will depend not in interpretation of word `property' but on fact whether that..........
Indian Penal Code, 1860, Section 34 -- Common intention - The distinctive feature of the Section is the element of participation in action - The liability of one person for an offence committed by another in the course of criminal act perpetrated by several persons arises under Section 34 if such criminal act is done in furtherance of a common intention of the persons who..........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Presumption - Prosecution to prove that death was within seven years of marriage, otherwise than under normal circumstances and soon before her death she was maltreated in connection with the demand of dowry - Once it is so proved than presumption u/s 113-B Evidence Act operates that..........
Arbitration and Conciliation Act, 1996, Section 34(2) -- Arbitration award - Setting aside - Principles laid down - An arbitration award can be set aside when it is (i) contrary to substantive provisions of law ; or (ii) the provisions of the Arbitration and Conciliation Act, 1996 ; or (iii) against the terms of the respective contract ; or (iv) patently illegal, or (iv)..........
