VIKAS GARG
03 September 2008 at 16:03
As we know that causation is one of constituents of any offence. Means offence must be caused due to act or omission of offender. Offence may be done directly (by causing some act and omission) or indirectly by abetment (by causing some act and omission).
Just read illustration (b)of section 299 of ipc, which is as follows:
(b) A knows Z to be behind a bush. B does not know it A, intending to cause, or knowing it to be likely to cause Z's death, induces B to fire at the bush. B fires and kills Z. Here B may be guilty of no offence; but A has committed the offence of culpable homicide.
Just read another illustration (f)appended with exception 2 of section 300 of ipc, which is as follows:
(f) Z strikes B. B is by this provocation excited to violent rage. A, a bystander, intending to take advantage of B's rage, and to cause him to kill Z, puts a knife into B's hand for that purpose. B kills Z with the knife. Here B may have committed only culpable homicide, but A is guilty of murder.
Just read one more illustration appended with exception 5 of section 300 of ipc, which is as follows:
A, by instigation, voluntarily causes, Z, a person under eighteen years of age to commit suicide. Here, on account of Z"s youth, he was incapable of giving consent to his own death; A has therefore abetted murder.
Now my question here if these illustrations are correctly appended with respective provisions then how abetment is different with direct causation. Don't you think the circumstances given under these illustrations of section 299 and 300 of IPC should come under the topic of abetment?
Please help me to get rid of this confusion.
Anil Kumar kamboj Delhi M-9650
03 September 2008 at 15:17
statemen of witness recorded u/sec.164 of cr.p.c are corroborative evidence whether confession is also is a corroborative evidence or subsdentive . pls let me details sir,
Anil Kumar kamboj Delhi M-9650
03 September 2008 at 14:57
although the member of council can't participate in the impeachment of president .
pls let me know sir which members can join in that.
girija
03 September 2008 at 12:03
The divorce is by mutual consent.after six months for complaiance of consent parties in the court of law .if the parties are not present there,as they are out of india.would the affidavit that is affirmed days before 6 months completed would be acceptable and if not then whats the atlernative
smith sharma
03 September 2008 at 11:17
HI,
ALL THE RESPECTED MEMBERS PLS GIVE ME LEGAL DEFINITION OF 'BHUMAFIYA'
THANX
SMITH SHARMA [LAWYER]
Murali Krishna
03 September 2008 at 10:51
Dear experts, I require your help in the following:
Which court is competent to give a judgement in rem - To be specific - A declaratory decree of Adoption. Some say, only a district court or its equalent is the only competent court. -- If so, please give me the reference with regard to the section and also any citation of HC or SC.
I tried but I could not get cogent information. I request you to please do some research for my sake. Thank you all.
Bindu
03 September 2008 at 10:19
How can a Power of Attorney be cancelled?
If by Revocation then what are the contents of the REvocation of Power of attorney?
Pls Provide the draft
sanjay kumar patibandla
03 September 2008 at 09:49
Hai this is sanjay kumar advocate, One illiterate client who belong to S T community came to my office and showed one promissory note and requested me to file suit for recovery of money. But there is no revenue stamp on that promissory note. What to do now. That man is sooo innocent. Is their any remedy for this.
N.K.Assumi
03 September 2008 at 09:16
if an accused is illegally detained in prison without the order of Magistrate order of Remand, does it amount to automatic bail for the accused to be released on bail?
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Public Litigation
The matters affecting PUBLIC LIMITED companies listed on the STOCK EXCHANGES can be challanged on the basis of PUBLIC INTEREST because large number of shareholders are from public?
If yes why?
If no why?
For example; The firm of auditors are
as per the provisions of the companies act 1956. Later on found that partners of the firm are fighting and even one partner has filed criminal case against other partners. They do not talk to each other.Civil cases are also filed among partners.Even bank account was under stop payment intruction by a parnter for two months.
Can P.I.L be filed to restrain such firm of chartered accountants to act as auditors of public limited companies?