22 April 2024

Search Results for Tag : Intention

International Cases

For a document to constitute a Will, it is necessary that there be cogent evidence that the document embodied the deceased's testamentary intentions(23.01.2020)

The plaintiff, Daniel John Crisp, asks the Court to declare that, the document dated 21 May 2009 signed by the deceased constitutes the last will of t.....

Tags : Intention, Last will, Validity

Judgments

Essence of Section 34 of IPC, is simultaneous consensus of minds of persons participating in criminal action to bring about particular result(25.07.2017)

Present appeals arise out of common judgment and sentence passed by Additional Sessions Judge, Fast Track Court. Trial Court after hearing parties and.....

Tags : Common Intention, Conviction, Validity

When the evidence of the eye-witnesses is of sterling quality, an adverse inference need not be drawn(13.12.2023)

Present is an appeal preferred by the Accused Nos. 1 and 2. The learned Trial Court convicted Accused No. 3, for the offence punishable under Section .....

Tags : Common intention, Conviction, Legality

Common intention contemplated by Section 34 of IPC pre¬supposes prior concert requires a pre-arranged plan before a man can be vicariously convicted for the criminal act of another(15.03.2022)

In facts of present case, the Sessions Court has convicted the Appellant¬-accused for an offence punishable under Section 302 read with Section 34 of .....

Tags : Common intention, Conviction, Legality

For a valid blacklisting order, show cause notice must clearly mention intention to blacklist the noticee(16.11.2020)

Present appeal is directed against the order passed by the High Court. By the impugned order, the High Court has dismissed the writ petition and has u.....

Tags : SCN, Intention, Natural justice

Plaintiff must establish shape and active functioning of partnership if made orally(13.08.2015)

A right to participate in the profits of the trade does not, by itself, demonstrate the existence of a partnership; the relationship also depends on t.....

Tags : Partnership, existence, intention

Absence of any overt act of assault, exhortation or possession of weapon cannot be singularly determinative of absence of common intention(01.08.2017)

In present case, conviction of Respondent No. 2, under Section 302/34 of Indian Penal Code, 1860 (IPC) by Sessions Judge has been reversed by High Cou.....

Tags : Common Intention, Acquittal, Validity

News

SC: Immaterial Whether Accused Used Weapon or Caused Injury If Common Intention Established(10.03.2022)

Supreme Court has observed that once it is established that all the accused came at the place of incident with a common intention to kill the deceased.....

Tags : Supreme Court, Common Intention

P&H HC: Intention to Evade Tax Must be Directly Connected to Activity of Trader(17.03.2022)

Punjab and Haryana High Court has held that the intention to evade tax must be directly connected to the activity of the trader.

Tags : Punjab and Haryana High Court, Intention to Evade Tax

Gujarat HC: Intention or Knowledge Essential to Attract Section 307 IPC(21.03.2022)

Gujarat High Court has held what is material to attract offense under section 307 of the Indian Penal Code, 1860 is the intention or knowledge with wh.....

Tags : Gujarat High Court, Intention or Knowledge

CESTAT, Delhi: No Malafide Intention on Claiming Cenvat Credit on Rent a Cab Service(08.04.2022)

Customs, Excise and Service Tax Appellate Tribunal, Delhi has confirmed a demand in relation to availment of cenvat credit of service tax paid on rent.....

Tags : Customs, Excise and Service Tax Appellate Tribunal, cenvat credit, service tax, rent-a-cab service, malafide intention

SC: Not Necessary That Accused Must be Actively Involved in Physical Activity of Assault(01.10.2020)

Supreme Court has observed that it is not necessary that an accused must be actively involved in the physical activity of assault to convict him on th.....

Tags : Supreme Court, Common Intention

Kar. HC: Section 8 of A&C Act Can't be Invoked Based on a Non-Binding Arbitration Agreement(08.07.2022)

Karnataka High Court has held that since the agreement between the parties provided for a 'non-binding' arbitration, there was absolutely no intention.....

Tags : Karnataka High Court, Intention, Arbitration Agreement

AP HC: SC/ST Act Not Attracted if Offence Not Done With Intention That Victim is of Particular Caste(12.07.2022)

Andhra Pradesh High Court has held that when the offence is not done with an intention that the victim belongs to a particular case, then the provisio.....

Tags : Andhra Pradesh High Court, Intention, SC/ST Act

Allahabad HC: Drawee Need Not Wait to File Complaint if Drawer’s Intention Not to Pay is Clear(10.11.2020)

Allahabad High Court has held that once the intention of the party is clear that it does not wish to make payment, the Complainant need not wait for t.....

Tags : Allahabad High Court, Intention to Psy

Delhi HC: Use of The Word 'Can' in an Arbitration Clause Does Not Render it Ineffective(13.10.2022)

Delhi High Court has held that mere use of the word 'can' in an arbitration clause does not render it ineffective and the intention of the parties to .....

Tags : Delhi High Court, Arbitration, Intention of Parties

SC Rejects Objections to Maintainability of PIL Against Forced Religious Conversion(06.12.2022)

Supreme Court while rejecting objections to maintainability of PIL against forced religious conversion has held that alluring people to convert to oth.....

Tags : Supreme Court, Forced Religious Conversion, Intention

SC: Common Intention Can be Formed at Spur of Moment And During Occurrence Itself(16.12.2022)

Supreme Court has held that 'common intention' for the purpose of Section 34 IPC can be formed at the spur of the moment and during the occurrence its.....

Tags : Supreme Court, Common Intention, Occurrence

Chhattisgarh HC Acquits Sarpanch U/S 354 IPC for Holding Hand of Prosecutrix(31.10.2022)

Chhattisgarh High Court has acquitted a former Sarpanch for offence under Section 354 IPC after holding that there is nothing on record to prove that .....

Tags : Chhattisgarh High Court, Bad Intention, IPC

Cal HC: Criminal Prosecution Can’t be Concluded Unless Fraudulent Intention Shown from Beginning(10.05.2023)

Calcutta High Court while quashing a criminal proceeding has held that mens rea is the crux of the offence and criminal prosecution for criminal breac.....

Tags : Calcutta High Court, Mens Rea, Dishonest Intention

Ker. Court: Threating Woman Without Intention to Outrage Modesty Not Offence U/S 354 IPC(20.07.2023)

Kerala Court has held that merely holding woman’s hand and threatening her that he would kill her without any culpable intention to outrage her modest.....

Tags : Kerala Court, Outrage Modesty, Culpable Intention

SC Explains Distinction Between Common Intention and Common Object(11.10.2023)

Supreme Court has observed common intention denotes action in concert and necessarily postulates the existence of a prearranged plan implying a prior .....

Tags : Supreme Court, Common Intention, Common Object

SC: Common Intention Not to Be Inferred Merely on the Basis of Presence of Accused Near Crime Scene(07.02.2024)

SC while observing that there wasn’t oral or documentary evidence to attribute accused with common intention of murder has held that inference was dra.....

Tags : Supreme Court, Common Intention, Section 34 IPC

Calcutta High Court: Intention to Arbitrate Must be Clearly Stated by Parties Within Agreement(23.01.2024)

Calcutta High Court has held that parties to an arbitration agreement should clearly state their intentions to arbitrate and should abstain from using.....

Tags : Calcutta High Court, Intention to Arbitrate, Agreement

Ker. HC: Dishonest Intention Essence of Criminal Misconduct Under Prevention of Corruption Act(22.01.2024)

Kerala High Court has held that dishonest intention is sine qua non to attract the offence punishable under Section 13(1)(d) of the PC Act. Mere condu.....

Tags : Kerala High Court, Dishonest Intention, Criminal Misconduct, Section 13(1)(d) PC Act

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