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K. Chandrasekhar Vs. the State of Kerala and ors.

Court : Supreme Court of India

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 173(2); Delhi Special Police Establishment Act, 1944 - Sections 6; Indian Officials Secrets Act, 1923 - Sections 3, 4,13 and 34; Indian Penal Code (IPC) - Sections 34, 156(1), 177 to 184, 186, 380 and 411; Foreigners Act, 1946 - Sections 14; General Clauses Act, 1897 - Sections 5 and 21; Delhi Special Police Establishment Act, 1946 - Sections 2; Constitution of India - Article 32

Reported in : 1998IVAD(SC)657; AIR1998SC2001; 1998(1)ALD(Cri)887; 1998(2)ALT(Cri)76; 1998(2)ALT(Cri)76; 1998CriLJ2897; 1998(2)Crimes300(SC); JT1998(3)SC612; 1998(3)SCALE294; (1998)5SCC22

in the entire State of Sikkim for the investigation of the offences punishable under various provisions of the Indian Penal Code specified therein as well as offences under the Prevention of Corruption Act, 1947. Thereafter on May 26, 1984 … Act, 1946 and under Section 3 and 4 of the Official Secrets Act, 1923 and Section 34 of IPC, invoking charges of espionage had been transferred to CBI for investigation considering the special nature of the cases … out of S.L.P. (Crl.) No. 593 of 1998] for offences punishable under Sections 3 and 4 of the Indian Officials Secrets Act, 1923 ('IOS' Act … not a piece of conditional legislation. According to the High Court Section 21 of the General Clauses Act, 1897 applied to the notification in question … police force, notwithstanding anything in the Police Act, 1861, to be called the Delhi Special Police Establishment,

Emperor Vs. Suleman Abba

Court : Mumbai

Subject : Civil

Reported in : AIR1935Bom24; (1934)36BOMLR1124

be decided by this Court.2. The applicant in this case has been convicted under Section 186 of the Indian Penal Code by the Magistrate, First Class, Kaira, in that between July 3 and 8, 1933, both days inclusive, he … be decided by this Court.2. The applicant in this case has been convicted under Section 186 of the Indian Penal Code by the Magistrate, First Class, Kaira, in that between July 3 and 8, 1933, both days … collect tolls under the Act'. The definition of 'public servant' under Section 21 of the Indian Penal Code includes, under Clause (10) of the definition, … of any village, town, or district.' We hold that reading these two sections together the toll contractor as well as his servant must be held

Masco Private Limited Vs. Employees' State Insurance Corporation

Court : Delhi

Subject : Labour and Industrial

Reported in : (1975)ILLJ29Del

and thus, obstructed him in the discharge of his duty within the meaning of Section 186 of the Indian Penal Code. In the English case referred to above, the question was whether the accused who had warned the drivers … and thus, obstructed him in the discharge of his duty within the meaning of Section 186 of the Indian Penal Code. In the English case referred to above, the question was whether the accused who had warned … the employer pursuant to requisition of the Corporation under Sub-section (2) of Sections 44 and 45 of the Act. Section 45A, thereforee, appears to be … R.W. 2/5 is another cyclostyled notice claiming the total sum of Rs. 2184. 89.7. By an order under appeal, the Employees' Insurance Court came to

Emperor Vs. Babulal Kanaiyalal

Court : Mumbai

Subject : Criminal

Reported in : (1908)10BOMLR761

complainant in the execution of the warrant. For this he has been charged under Section 186 of the Indian Penal Code and there is no doubt that he is guilty if the complainant was a public servant executing his … warrant. For this he has been charged under Section 186 of the Indian Penal Code and there is no doubt that he is guilty if … therefore, think that the conviction was right and we dismiss the application. Penal Code (Act XLV of I860), Sections 21, 186-Public servant-Clerk in the cess-collection department of a District Municipality-Obstruction to the public servant.; A clerk in the

Durgalal Vijay Vs. Govt. of M.P. and Others

Court : Madhya Pradesh

Subject : Constitution

Acts : Constitution of India - Articles 21, 22, 226 and 227; Code of Criminal Procedure (CrPC) , 1974 - Sections 57, 61, 111, 116(3), 151 and 167; Indian Penal Code (IPC), 1860 - Sections 186, 294, 323, 332, 333, 353 and 506-B

Reported in : 2001(3)MPHT105; 2001(2)MPLJ291

- Unlawful Detention - Section 151 of Code of Criminal Procedure,1973(Cr.PC) and Sections 333,353, 506B and 294 of Indian Penal Code, 1860(IPC) - Petitioner purchased piece of land and made construction over it - Respondent No. 3, Additional Collector, … before the Additional Chief Judicial Magistrate for the offences registered at Crime No, 27/97 under Sections 353, 323, 186, 332/506B and 333, IPC and it is mentioned that the bail was rejected by Additional Chief Judicial Magistrate,

Sunil Gupta and ors. Vs. State of Madhya Pradesh and ors.

Court : Supreme Court of India

Subject : CriminalConstitution

Acts : Constitution of India - Articles 14, 19, 21 and 32; Madhya Pradesh Police Regulations - Regulation 465(1); Indian Penal Code (IPC), 1860 - Sections 34, 147, 148, 149, 186, 323, 332, 341, 353 and 447;

Reported in : 1990(2)Crimes504(SC); JT1990(2)SC372; 1990(2)SCALE871; (1990)3SCC119; [1990]2SCR871; 1990(2)LC535(SC)

prison for a public cause. The offence for which they were tried and convicted under Section 186 of Indian Penal Code is only a bailable offence. Even assuming that they objected public servants in discharge of their public functions … years who was not paid her wages by the said teacher, for an offence punishable under Section 186 IPC on the allegations that the petitioners and the Adivasi woman have obstructed public servants in discharge of their … the petitioner, they all were working for the welfare of the weaker sections and down-trodden people in a peaceful manner but they were inhumanly treated … are:1. Whether the petitioners 1 and 2 have been illegally detained from 21.5.1989 to 1.8.1989 without any order of remand?2. Whether the petitioners 1 to

Sube Singh Vs. State of Haryana and ors.

Court : Supreme Court of India

Subject : CriminalConstitution

Acts : Central Excise Act - Sections 1 14 and 61; Arms Act - Sections 25, 54 and 59; Indian Penal Code (IPC) - Sections 34, 86, 120, 148, 149, 186, 225, 216, 285, 302, 307, 323, 324, 332, 336, 342, 343, 352, 353, 365, 379, 384, 392, 393, 394, 395, 399, 401, 506 and 511; Terrorist and Disruptive Activities Act - Sections 5; Constitution of India - Articles 21, 32 and 226; Public Law; Code of Civil Procedure (CPC) - Sections 357

Reported in : 2006ACJ1138; AIR2006SC1117; 102(2006)CLT19(SC); 2006CriLJ1242; JT2006(2)SC235; 2006(I)OLR(SC)305; (2006)143PLR746; 2006(2)SCALE161; (2006)3SCC178; [2006] 2 SCR 67

The injured Constable succumbed to the bullet injuries. In this connection, FIR No.112 dated 10.3.1998 under Section 302/307/352/186 IPC was registered in P.S., Garhi, against Joginder Singh and Amrik Singh. On receiving information of the death of … the way of the criminal court ordering compensation under Section 357 of Code of Civil Procedure. 18. This takes us to the next question as … Station, Jind District, (FIR No.152 dated 17.10.2002 under Sections 323, 342, 343, 365 and 384 IPC) on … and hence the State is not responsible for his action Would this not make a mockery of Article 21 and reduce it to nullity, a mere rope of sand, for, on this view, if the officer is acting … fundamental rights, it does so under the public law by way of penalizing the wrongdoer and fixing the liability for the public wrong on the

K.V. Joseph Vs. State of Gujarat Overruled

Court : Gujarat

Subject : Criminal

Acts : Constitution of India - Article 14; Civil Services Rules; All India Services (Conduct) Rules, 1968 - Rules 3 and 6; All India Services (Discipline and Appeal) Rule, 1969; All India Services Act, 1951; ;Prevention of Corruption Act, 1988 - Sections 7, 13, 13(1), 13(2), 15, 17 and 19; Indian Panel Code - Sections 120B, 186, 191 and 194; Code of Criminal Procedure (CrPC) , 1973 - Sections 8(1); Evidence Act

Reported in : 1997CriLJ2896; (1997)2GLR38

of the crime, unpardonable. As stated somewhere above, this is clearly an offence under Section 186 of the Indian Penal Code which pertains to 'obstructing public servant in discharge of functions.' That shall be the subsequent thing, but before … as to why they should not be prosecuted for the alleged offences punishable under Sections 191, 194 of IPC. This was accordingly numbered as Misc. Criminal Application No. 3205/96 which now stands disposed of by our judgment … to the DG and IGP, GS, Gujarat Slate, vide its letter dated 21-1-1994. Sanction to prosecute was received on 13-10-1994 subsequently for some reason.In the

State (N.C.T. of Delhi) Vs. Navjot Sandhu @ Afsan Guru

Court : Supreme Court of India

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) - Sections 2, 39, 161, 161(2), 162, 162(1), 162(2), 164, 173, 196, 196(1), 215, 239 and 313; Indian Penal Code (IPC), 1860 - Sections 34, 40, 43, 71, 107, 108 to 117, 120A, 120B, 121 to 126, 130, 186, 300, 302, 307, 332, 353 and 409; Prevention of Terrorism Act, 2002 - Sections 2, 2(1), 3, 3(1), 3(2), 3(3), 3(4), 3(5), 4, 5, 5(2), 6, 20, 21, 27, 30, 32, 32(1), 32(2) to 32(5), 34, 36 to 48, 50, 50(2), 50(3), 50(4), 52, 52(1), 52(2), 52(3), 52(4) and 56; Explosive Substances Act - Sections 3, 4 and 5; Arms Act - Sections 25 and 27; Prevention of Terrorism (2nd) Ordinance, 2001; Indian Telegraph Act - Sections 5, 5(2) and 25; Constitution (69th Amendment) Act, 1991 - Sections 2; National Capital Territories of Delhi Act, 1991 - Sections 41; Industrial Disput

Reported in : AIR2005SC3820; 2005CriLJ3950; 122(2005)DLT194(SC); (2005)11SCC600; Manu/SC/0465/2005

under Section 173 Cr.P.C. against the four accused persons on 14.5.2002. Charges were framed under various sections of Indian Penal Code (for short 'IPC'), the Prevention of Terrorism Act, 2002 (hereinafter referred to as 'POTA') and the Explosive Substances … FIR was registered for offences under Sections 121, 121A, 122, 124, 120B, 186, 332, 353, 302, 307 IPC, Sections 3, 4 & 5 of the … PW18 to produce the three accused at the Officers Mess, Alipur Road, Delhi. On the next day i.e. 21st December, the accused Gilani was first produced before PW60 at the Mess building. However, Shri Gilani refused to

israil @ Israr Pahelvan Nazirahmed Shaikh Vs. State of Gujarat

Court : Gujarat

Subject : Constitution

Acts : Constitution of India - Articles 14, 19, 19(1), 21, 22, 22(3), 22(4), 22(5), 22(6), 226, 227 and 228; Gujarat High Court Rules, 1973 - Rules 1, 2, 2(10), 2(11), 17, 22(5), 22(6), 28 and 174; Evidence Act, 1872 - Sections 106; Gujarat Prevention of Anti-social Activities Act, 1985 - Sections 2, 3, 3(2), 6, 8, 8(1), 9(1) and 9(2); Bombay Prohibition Act, 1949 - Sections 65, 66(1), 81 and 116-B; Gujarat High Court (Amendment) Rules, 1993 - Rules 378 to 386; Code of Criminal Procedure (CrPC) , 1973 - Sections 82 to 86 and 161; Bombay police Act - Sections 135(1); Indian Penal Code (IPC), 1860 - Sections 141, 148, 149, 186, 323, 325, 333 and 504; Prohibition Act; Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 - Sections 6; Indian Penal Code (IPC), 1908 - Sections

Reported in : 2001CriLJ2209; (2001)1GLR306

was based on about 19 prohibition cases under the Bombay Prohibition Act, 1949 and two cases under the Indian Penal Code registered in Gomtipur Police Station. Papers with regard to grounds of order of detention and that earlier case … cases under the Bombay Prohibition Act, 1949 and two cases under the Indian Penal Code registered in Gomtipur Police Station. Papers with regard to grounds … (iv) suffers from total non-application of mind; and (v) is in violation of provisions of Arts. 14, 19, 21 and 22 of the Constitution of India. 3. As per papers of grounds of detention supplied to the detenu, … v. The District Magistrate, Burdwan, 1975 (2) SCR 186 : AIR 1975 SC 1508. It has also … public order is jeopardized because the repercussions of the Act embrace large Sections of the community and incite them to make further breaches of law