Terrorists and Disruptive Activities (Prevention) Act, 1987, Section 3, 5 -- `Terrorist Act' - What constitutes - The person who does any act by using any of the substances enumerated in the provision in any manner as specified cannot be said to commit a terrorist act unless the act is done with the intent to do (i) To overawe the Government as by law established; or (ii)..........
Terrorists and Disruptive Activities (Prevention) Act, 1987, Section 3, 5 -- Terrorist Act - What constitutes - Allegation that accused was recorded in police record as roudy element and 17 cases registered against him - Evidence that accused stored lethal weapons in his house and threatened business men, autorickshaw drivers and others and forcibly snatched away money and..........
Partition Act, 1893, Section 4 -- Applicability of the Section - Before S.4 can be pressed into service it must be shown that stranger transferee himself moving for partition and separate possession either as a plaintiff or as a defendant - Suit for partition and separate possession by a family member - Stranger transferee of a part of house not a party to suit - During..........
Bank -- Recovery suit - Sales tax recovery - Priority of State - Suit by Bank for recovery on basis of mortgage debt - State Government attaching property towards arrears of sales tax - Claim of Bank that it being a secured creditor State cannot have preference over its right to recover debt - Not tenable - Section 158 of Karnataka Land Revenue Act not only gives statutory..........
Indian Penal Code, 1860, Section 304 -- Part II - Culpable homicide not amounting to murder - Accused gave a danda blow on forehead of deceased - Deceased fell unconscious and succumbed to injuries - Act of accused with knowledge that it was likely to cause death but without any intention to cause death - Accused had no intention to cause death - Case clearly falls under..........
Indian Penal Code, 1860, Section 34 -- Common intention - Contention that co-accused could not have convicted with aid of S.34 as this section is nowhere mentioned in impugned judgment - Held, mention of section in judgment is not requirement of law to convict a person - If ingredients of offence are present, conviction can be made...........
Arbitration and Conciliation Act, 1996, Section 11, 7 -- Arbitrator - Appointment - Objection that no arbitration agreement exists - Arbitration clause that parties `may' refer dispute to arbitration - Clause in contract preceded by a clause that in case of disputes, the Civil Courts at Bombay are to be approached by way of a suit - Arbitration clause merely enabling..........
Indian Penal Code, 1860, Section 34, 149 -- Scope - Both sections deal with the vicarious liability of an accused for an offence committed by another - Under Section 34 IPC 'when a criminal act is done by several persons in furtherance of the contemplation of all, each of such persons is liable for that act in the same manner as if it were done by him alone' - Similarly..........
Consumer Protection Act, 1986, Section 14(1)(d), Carriers Act, 1865, Section 9 -- Section 9 of Carriers Act is applicable to proceedings under Consumer Protection Act...........
Indian Penal Code, 1860, Section 376 -- Rape on minor girl aged 7/8 years - Trial Court imposed sentence of 10 years - Reduced to 4 years by High Court on reasoning that offence committed while in state of intoxication, that accused was unsophisticated and illiterate citizen belonging to weaker section of society and his family members were dependent upon him - Held,..........
