suit with inordinate delay i.e., after three
years of constructive knowledge of the existence of the defendant
purchase of the
property. Hence, for the said offer, knowledge,
actual or constructive, of the party affected by the
award was an essential requirement
that the accused did not have knowledge of the
unlawful object of the assembly, or that having gained knowledge of the
same, he attempted ... basis of the constructive guilt under Section 149 is
mere membership of the unlawful assembly, with the
requisite common object or knowledge."
(emphasis supplied
Section 25 of the
Arms Act, 1959 would simply mean physical/constructive possession or
'conscious possession' has already been the subject matter ... held there has to be an element of intention, consciousness or knowledge. It
was further held:-
"5. ...The possession of a firearm under
2022 Page 5of 8
Signing Date:22.07.2022
16:10:40
knowledge of that possession in the person charged with
such offence, and secondly, where ... under Section 25(1)(a) is the element of
intention, consciousness, or knowledge with which a person
possessed the firearm before it can be said
charged with the offence unless it can be
shown that he had knowledge of the weapon being
placed in his house. And yet again ... under
Section 25(1)(a) is the clement of intention,
consciousness or knowledge with which a person
possessed the firearm before it can be said
consumers so interested.
*****
11. That it has come to the knowledge of the complainants
that at the time when the initial booking amount was received ... going ahead
with the construction of the Project proposed to be
constructed by them, then how could they have accepted
money for selling the flats
citizen and the State. This cardinal principle should
always be remembered while constructing a judgment or the order.
17.7. Judicial Officers should not make sweeping ... judgment should not be based on conjectures and surmises or
personal knowledge. It should be based on proper appreciation of
evidence on record
petitioner was in conscious
possession of 5 live cartridges. Moreover, the
constructive possession of the 5 cartridges was that of
the husband of the petitioner ... Signing Date:24.03.2022
14:27:02
proved that the accused had the knowledge or
consciousness of possession. "Possession", for the
purposes of prosecution
family, but
stated that about 10-12 rooms had been constructed over the
RSA 64/2020 Page 6 of 41
Signature Not Verified
Digitally Signed ... Kumar, Halka Patwari, Humayunpur, New
Delhi - also claimed that he had no knowledge of Khasra
No.48/5. He further stated that the Plaintiff