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Legal quiz

Page no : 2

Gaurav (Advocate)     30 March 2010

 

For question No 6:

Sir, All the offences that you have mentioned, all related to different offences. So in my opinion Sec 26 of General clauses Act is not applicable in your case.

Swami Sadashiva Brahmendra Sar (Nil)     30 March 2010

ocurrenbce is one and same . FIR contains allegation of  murder and use of caste indicative  words by all 8 accused . there is no specific role so as to allege that who fired and who said what. there are three gun shot injuries.

Gaurav (Advocate)     30 March 2010

Section 146  Rioting

Section 149  Every member of unlawful assembly guilty of offence committed in prosecution of common object

Section : 302. Punishment for murder.

And SC ST Act Deals with various atrocities against the SC and ST members.

None of these offences is repeated in any other section. So the Sec 26 of the General Clauses Act is not applicable in this case.

Now They are charged and punished  with rioting and murder and by virtue of Sec 149, all the members of the assembly will be convicted for these offence.

Swami Sadashiva Brahmendra Sar (Nil)     31 March 2010

Q. 7.

Can an unregistered society maintain a suit in it's name?

Kindly refer case law (if you have) in support of your answer.


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