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G.S.R. Krishnamurthi Vs. M. Govindaswamy, Income-tax Officer

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 72(3), 132, 132(4), 136, 139, 142, 143, 148, 269A, 269F, 269-I, 269P(1), 269S, 269AB, 271, 271(1), 271(4A), 273A, 275A, 276, 276A, 276B, 276C, 276C(1), 276D, 276E, 276AA, 276CC, 276DD, 277, 278, 278A, 278C, 279, 279(1) and 279(1A); Indian Penal Code (IPC), 1860 - 34, 37, 109, 120B, 193, 196 and 420; Code of Criminal Procedure (CrPC) , 1973 - Sections 195; General Clauses Act, 1897 - Sections 26; Finance Act, 1985

Reported in : (1992)104CTR(Mad)143; [1992]195ITR137(Mad)

intention, committed offence punishable under section 120B read with section 193, 196, 420, 109, 34 and 37 of the Indian Penal Code, 1860, and sections 276C(1), 277 and 278 of the Income-tax Act, 1961, in one series of facts connected together … If that be so, what would be the consequences that would follow from the operation of the said section 26. It is not as if, as already indicated, the prosecution had been launched only in respect of offences

Gulab Singh Vs. State

Court : Mumbai

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1898 - Sections 4(1), 155, 155(2), 529 and 537 ; Prevention of Corruption Act, 1947 - Sections 3, 5, 5(2) and 5A; Indian Penal Code (IPC), 1860 - Sections 161; General Clauses Act, 1897 - Sections 26

Reported in : AIR1962Bom263; (1962)64BOMLR274; ILR1962Bom483

the Chief Operating Superintendent, Central Railway, stated'And whereas the said acts constitute offence punishable under section 161, of the Indian Penal Code, 1860, and section 5(2) read with section 5(1) (d) of the Prevention of Corruption Act, 1947 (Act II of … Railway Code, vitiates the sanction since it has no application.(14) It was then contended by placing reliance on Section 26 of the General Clauses Act, that the accused cannot be prosecuted for both the offences together, because the

The State Vs. Pandurang Baburao

Court : Mumbai

Subject : Criminal

Acts : General Clauses Act, 1897 - Sections 26; Indian Penal Code (IPC), 1860 - Sections 409; Prevention of Corruption Act, 1947 - Sections 5(2) and 5(4); Prevention of Corruption (Amendment) Act, 1952; ;General Clauses Act, 1897 - Sections 6; Code of Criminal Procedure (CrPC) , 1898; Criminal Law Amendment Act, 1952; Constitution of India - Article 14; Statue Law; Penal Law

Reported in : AIR1955Bom451; (1955)57BOMLR868

by a public servant, it is open to the prosecution to launch prosecution either under Section 409 of the Indian Penal Code, 1860, or under Section 3(2) of the Prevention of Corruption Act, 1947, even before the amendment of the latter … a sanction. Again, with very great respect to the two learned Judges, they over-looked the clear provisions of Section 26, General Clauses Act, and really the answer to the question raised in this full bench is to be

Geejaganda Somaiah Vs. State of Karnataka

Court : Supreme Court of India

Subject : Criminal

Acts : Evidence Act, 1872 - Sections 25 to 26, 27, 106 and 114; India Penal Code (IPC), 1860 - Sections 34 and 302; Constitution of India - Article 14

Reported in : AIR2007SC1355; (2007)2CALLT86(SC); 2007CriLJ1792; JT2007(4)SC380; 2007(4)SCALE314; (2007)9SCC315; 2007AIRSCW1681; (2007)3SCC(Cri)135; (2007)3Crimes38(SC); 2007LawHerald(SC)968; 2007(3)AIRKarR117(SC).; [2007] 3 SCR 899

deserves dismissal which we direct. Criminal -Murder- Circumstantial evidence - Disclosure statement - Section 302 r/w 34 of the Indian Penal Code, 1860 and Sections 27, 114 of the Evidence Act - Disclosure statements were made by the accused persons on … confession made to a police officer shall be proved as against a person accused of an offence. Similarly Section 26 of the Evidence Act provides that confession by the accused person while in custody of police cannot be

Union of India (Uoi) (Central Government) Vs. Students Islamic Movemen ...

Court : Delhi

Subject : Constitution

Acts : Unlawful Activities (Prevention) Act, 1967 - Sections 2, 3(1), 3(3), 4(1) and 5(1); Unlawful Activities (Prevention) Rules, 1968 - Rule 5; Constitution of India - Articles 19, 25 and 26; Evidence Act - Sections 25, 27, 123 and 162; Indian Penal Code (IPC), 1860 - Sections 120B, 121, 121A, 122, 123, 124, 124A, 147, 148, 153, 153A, 153B, 295A, 302, 307, 338, 420, 467, 468 and 505(1); Explosive Substances Act - Sections 3, 4 and 5; ;Railways Act - Sections 150(2) and 151

Reported in : 99(2002)DLT147; 2002(63)DRJ563

5 of Unlawful Activities (Prevention) Rules, 1968, Articles 19, 25 and 26 of Constitution of India, Evidence Act, Indian Penal Code, 1860, Section 3, 4 and 5 of Explosive Substances Act and Sections 150 (2) and 151 of Railway Act -

Dinesh Vitthal Patil and ors. Vs. State of Maharashtra and ors.

Court : Delhi

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) - Sections 110(e)(g), 111; Mumbai Police Act - Sections 37(1)(3), 135; Maharashtra Prevention of Defacement of Property Act, 1995 - Section 3

148, Acquitted RCC/404/08 1860 149, 452, 353, Dt.30/10/09 332, 427, 504, 506 Mumbai Police Act. 37(1)(3)/135 4. 19/2008 Indian Penal Code 1860 143, 147, 341, Acquitted RCC/427/08 504, 506 Dt.17/7/09 Mumbai Police Act 37(1)(3)/135 5. 12/2010 Indian Penal Code 153(1)(B) … PATIL (PETITIONER NO.2) Sr. C.R. NO. ACT UNDER SECTION REMARKS No. 1. 26/2006 Indian Penal Code, 143, 147, 511 1860 The Maharashtra 3 Prevention of Defacement … Writ Petition was posted for final hearing. 2. The Petitioners are challenging the notices issued to them under Sections 110(e)(g) & 111 of Criminal Procedure Code. Both the notices were issued on 6th September, 2010. Copies of

Independent Thought Vs. Union of India

Court : Supreme Court of India

Subject : Land Acquisition

being a girl between 15 and 18 years of age is rape?. Exception 2 to Section 375 of the Indian Penal Code, 1860 (the IPC) answers this in the negative, but in our opinion sexual intercourse with a girl below 18 … rape of a girl child.20. The National Charter was followed by the National Policy for Children notified on 26th April, 2013. The National Policy explicitly recognized in Clause 2.1 that every person below the age of 18

The State of Maharashtra Vs. Appasaheb Balajee Parkhe and Others

Court : Mumbai Aurangabad

Subject : Criminal

of her husband. As such, definition of the term “cruelty” also assumes importance. Explanation to Section 498-A of the Indian Penal Code, 1860, defines “cruelty”. It would be proper to reproduce Section 498-A of the Indian Penal Code as respondents / … room to any other hypothesis and should be consistent with his guilt and are inconsistent with his innocence. 26. It may be stated here that while appreciating the circumstantial evidence in criminal cases, strict scrutiny of each

Waman Sambhaji Duka Vs. Narhari Sambhajirao Phatale

Court : Mumbai

Subject : Trusts and SocietiesCriminal

Acts : Maharashtra Co-operative Societies Act, 1961 - Sections 146 and 148(3); Indian Penal Code (IPC), 1860 - Sections 406, 467 and 420; Bombay General Clauses Act, 1904 - Sections 27; General Clauses Act, 1897 - Sections 26

Reported in : AIR1968Bom124; (1967)69BOMLR687; 1968CriLJ305; ILR1967Bom1147

XXIV of 1960 -- Whether prosecution of offence under I.P. Code permissible.;If an act constitutes an offence under the Indian Penal Code, 1860, as well as under the provisions of the Maharashtra Co-operative Societies Act, 1960, it is open and permissible … Maharashtra Go-operative Societies Act (Mah. XXIV of 1960), Sections 146(p), 148(3) - Indian Penal Code (Act XLV of 1860), Section 467 -- Bombay General Clauses Act (I of 1904), Section 27 -- General Clauses Act (X of 1897), … which is required to be preceded by sanction. In this context, the Full Bench considered the provisions of section 26 of the General Clauses Act, 1897, and pointed out that since the prosecution under section 409 of the

Barjinder Singh Vs. State of Punjab Through the Chief Secretary for th ...

Court : Punjab and Haryana

Subject : Media and CommunicationCriminal

Acts : Code of Criminal Procedure (CrPC) , 1974 - Sections 95, 95(1), 96, 96(3) and 96(4); Constitution of India - Articles 19(1), 21 and 226; Indian Penal Code (IPC), 1860 - Sections 124A and 153B

Reported in : (1993)104PLR1

Section 153B or Section 292 or Section 293 or Section 295A of the Indian Penal Code (45 of 1860), the State Government may, by notification, Stating the grounds of its opinion, declare every copy of the issue … The power was confined only to matters the publication of which was punishable under the specified sections of the Indian Penal Code. The State Government was required to state the grounds of the opinion. A right of post-decisional hearing was … which took place in the aforesaid meeting held at Jalandhar on June 26, 1990, a Code of Conduct was evolved on the basis of the