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,..........
Indian Penal Code, 1860, Section 376(2) -- Rape - Imposition of sentence - Held, normal sentence in a case where rape is committed on a child below 12 years of age, is not less than 10 years R.I. - However, in exceptional cases `for special and adequate reasons' sentence of less than 10 years R.I. can also be awarded - In present case, High Court reduced sentence on ground..........
Civil Procedure Code, 1908, Section 20, 2(e), Arbitration and Conciliation Act, 1996, Section 34 -- Territorial jurisdiction - It cannot always be said, in view of S.20 of CPC that only one Court has jurisdiction to try the suit - Territorial jurisdiction is conferred upon a Court on various considerations - Once it is brought to the notice of a Court that proceedings..........
Indian Penal Code, 1860, Section 34 -- Common intention - Apart from the fact that there should be two or more accused, two factors must be established (i) common intention (ii) participation of the accused in the commission of an offence - The essence of Section 34 is simultaneous consensus of the minds of persons participating in the criminal action to bring about a..........
Criminal Procedure Code, 1973, Section 125 -- Divorced wife - If the divorced wife is unable to maintain herself and if she has not remarried, she is entitled to claim maintenance allowance - A divorced woman continues to enjoy status of a wife for limited purpose of claiming maintenance in view of Explanation (b) to Section 125(1) Cr.P.C...........
Essential Commodities Act, 1955, Section 6A -- Second Proviso - Confiscation of vehicle used for carriage of essential commodity - Since the confiscation is of vehicle as such fine is relatable to the market price of the vehicle at the date of seizure of the essential commodity sought to be carried by such vehicle - Held, fine in lieu of confiscation under second proviso..........
