Alternative Remedies No Longer Bar Writs Writ Jurisdiction in the Indian Constitution has been borrowed from the concept of prerogative writs under English Law and was vested in the Chartered High Courts prior to commencement of Constitution. The framers of the Constitution adopted the concept of writs and funnelled such powers to fruitfully enforce the fundamental rights... Read More
The court discusses the distinction between section 34 and 149 of IPC. Common object does not necessarily require proof of a prior meeting of minds or pre-consort, whereas common intention suggests activity in concert and presupposes the existence of a prepared plan, implying a prior meeting of minds. However, both deal with vicarious liability of a person for the acts of others. Further, it overlaps in a way that if several persons numbering five or more do an act or intend to do it but section 34 and section 149 may apply.