when Imposition of vicarious liability with aid of S. 34 is permissible and what are the requirements of the same. Significance of amendment made to S. 34 in 1870 adding the phrase “in furtherance of the common intention” is to be construed as an advancement or promotion. Necessity of proving that accused on whom vicarious […]
Penal Code, 1860 — S. 34 — Imposition of vicarious liability Read More »
First incident of the altercations that took place between the deceased and the accused was stopped by the villagers. Second incident occurring later in which accused causing multiple grievous injuries to vital parts of the deceased with great force, which were the main cause of death and cannot be said to be result of sudden
Committee of Creditors (CoC) has power to pass a resolution for liquidation of corporate debtor till such time as the plan has not been approved by adjudicating authority. Decision in regard to liquidation of corporate debtor was not-interfered with and plea of violation of natural justice also rejected. Hence, order of NCLAT, held, did not
Quashment of proceedings against corporate debtor under S. 138 NI Act after issuance of moratorium under S. 14 IBC: Ss. 138/141 of the NI Act proceeding against corporate debtor is covered by S. 14 (1)(a) IBC as held in P. Mohanraj, (2021) 6 SCC 258. Hence, corporate debtor cannot be proceeded against under S. 138
Considering the fact that both appellant and respondent are not staying together since May 2011 and that the husband has already remarried. There was concurrent findings of courts below on cruelty and desertion and irretrievable breakdown of marriage was also taking place. Hence, it was held that no interference was called for with divorce decree.
Hindu Marriage Act, 1955 — Ss. 13(1)(i-a) and (i-b) Read More »
If proceedings are initiated under the SARFAESI Act and/or any proposed action is to be taken and the borrower is aggrieved by any of the actions of the private bank/bank/ARC, borrower has to avail the remedy under the SARFAESI Act and no writ petition would lie and/or is maintainable and/or entertainable. Relief under Article 226/227
Thumb impression of executant was not matched. There was contradiction in evidence of attesting witnesses as regards place of execution. Fact finding courts did not find evidence of meeting of requirements of S. 63, to be reliable. Evidence of meeting of the requirements of S. 63 r/w S. 68 of the Evidence Act, held, must
Succession Act, 1925 — S. 63 — Determination of Genuineness of will Read More »
As per S. 5(m), penetrative sexual assault being committed on victim girl aged four years (below twelve years), held, the same is also “aggravated penetrative sexual assault” punishable under S. 6. Concurrent findings recorded by both the courts below that the accused tried to commit rape on victim girl found to be fully supported by
Held, similar doesn’t mean identical in terms of area, facilities and luxuries. In the present case wife in first place not choosing any house as per her choice and secondly rejecting all properties identified by architect appointed under court order to identify similar properties, held is unreasonable. Alternate prayer for payment of Rs. 35.37 lakhs
“Dowry” ought to be ascribed an expansive meaning so as to encompass any demand made on a woman, whether in respect of a property or a valuable security of any nature. Demand for money raised by the accused on the deceased for construction of a house, held, falls within the definition of the word ”Dowry”
Penal Code, 1860 — S. 304-B — Scope of Dowry death Read More »
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