Indian Penal Code, 1860, Section 34 -- Common intention - If two or more persons intentionally do an act jointly, the position in law is just the same as if each of them has done it individually by himself - The existence of a common intention amongst the participants in a crime is the essential element for application of this Section - It is not necessary that the acts of..........
Indian Penal Code, 1860, Section 397 -- Offence u/s 397 IPC - Ingredients of the offence are : (1) The commission of robbery or dacoity as described in Section 392 and 395 respectively; (2) the accused - (a) used a deadly weapon, or (b) caused grievous hurt, or (c) attempted to cause death or grievous hurt; (3) he did so at the time of committing the robbery or dacoity...........
Consumer Protection Act, 1986, Section 2(1),(o) -- Service - Housing construction - Shopcum Office - Purchased in open auction - Objection by appellant-OP that Consumer Forum has no jurisdiction to entertain the complaint repelled - Held that the provisions of Section 2(1) (o) which defines service and includes housing construction within its ambit - Where the complainant..........
Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 3, 4 -- Liability of Ex-husband to pay maintenance - Scope of - (1) A Muslim husband is liable to make reasonable and fair provision for the future of the divorced wife which obviously includes her maintenance as well. Such a reasonable and fair provision extending beyond the iddat period must be made by the..........
Indian Penal Code, 1860, Section 84 -- Mere absence of motive for a crime, howsoever atrocious it may be, cannot in the absence of plea and proof of legal insanity, bring the case within this section...........
Indian Penal Code, 1860, Section 84 -- Unsoundness of mind - Standard of proof - Standard to be applied adopted by reasonable men - Mere fact that an accused is conceited, odd irascible and his brain is not quite all right, or that the physical and mental ailments from which he suffered had rendered his intellect weak and had affected his emotions and will, or that he had..........
Evidence Act, 1872, Section 115 -- Capital of Punjab (Development and Regulation) Act, 1952, Section 5, Punjab Capital (Development and Regulation Building) Rules 1952, Rule 19, Chandigarh (Sale of Sides and Building) Rules 1960, Rules 5 & 9 - Estoppel - SCO allotted in 1968 - Sold in 1998 - Transferred as SCO - Further sold in 2003 - Transferred as SCO in favour of..........
Indian Penal Code, 1860, Section 34 -- Common intention - Direct proof is seldom available - Can only be inferred from facts and circumstances of the case - To prove the charge of common intention prosecution has to establish by evidence, by direct or circumstantial, that there was plan or meeting of mind of all the accused persons to commit the offence for which they are..........
Court Fees Act, 1870, Section 7(iv)(c) -- Suit for declaration of ownership - Consequential relief cancellation of release deed - Plaintiff claiming possession of suit land - Not liable to pay advalorem Court Fee - Court Fee to be paid in terms of section 7(iv)(c)...........
Industrial Disputes Act, 1947, Section 2(oo),(bb),25F -- Retrenchment - The workman has been offered appointment with fictional breaks to prevent the petitioner from taking benefit of Section 25(F) of the Act - The appointment order issued in succession to the workman was a camouflage to take out the petitioner-workman from the ambit of Section 25(F) of the Act - The..........
