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Babulal Bhagwan Khandare and anr. Vs. State of Maharashtra
Supreme Court of India
Dec-02-2004
Criminal
Indian Penal Code (IPC), 1860 - Sections 34, 35, 38, 96, 97, 98, 99, 100 to 106, 300, 302 and 307; Code of Criminal Procedure (CrPC) , 1973 - Sections 313; Evidence Act, 1872 - Sections 105
2004(10)SCALE188; (2005)10SCC404
Nagpur Bench upholding their conviction for offences punishable under Sections 302 and 307 read with Section 34 of the Indian Penal Code, 1860 (in short the 'IPC'). For the former offence each was sentenced to undergo imprisonment for life and to … , this Court stated that no doubt a person is only responsible ordinarily for what he does and Section 38 IPC ensures that. But Section 34 as well as Section 35 provide that if the criminal act is
Tag this Judgment! AI Brief & AskState Vs. Bhimshankar Siddannapppa Thobde and ors.
Mumbai
Aug-02-1967
Criminal
Indian Penal Code (IPC), 1860 - Sections 34, 38, 35, 307 322 and 326; Code of Criminal Procedure (CrPC) , 1898 - Sections 233, 237, 239 and 537
AIR1968Bom254; (1967)69BOMLR788; 1968CriLJ898
upon. The accused were inter alia convicted of an offence under Section 307 read with Section 34 of the Indian Penal Code, 1860. On appeal, it was found that the common intention of the accused was to cause grievous hurt to … us at one stage that our decision in this case can perhaps be supported by the terms of Section 38 I. P. C. We, however, came to the conclusion that S. 38 covers a different situation. Section 38
Tag this Judgment! AI Brief & AskShri Bodhisattwa Gautam Vs. Miss Subhra Chakraborty
Supreme Court of India
Dec-15-1995
Media and CommunicationCriminal
Indian Penal Code (IPC), 1860 - Sections 312, 376, 420, 493, 496 and 498A; Constitution of India - Articles 21, 32 and 38(1); Evidence Act - Sections 114A
AIR1996SC922; 1996(1)ALD(Cri)128; 1996(1)ALT(Cri)252; 1996(2)BLJR1533; 1995(4)Crimes722(SC); JT1995(9)SC509; 1995(7)SCALE228; (1996)1SCC490; [1995]Supp6SCR731
in accordance with law. Criminal - sexual assault - Sections 312, 376, 420, 493, 496 and 498-A of Indian Penal Code, 1860, Articles 21, 32, 38 (1) of Constitution of India and Section 114-A of Indian Evidence Act, 1872 -
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Assistant Commissioner, Anti Evasion Commercial Taxes, Bharatpur Vs. A ...
Supreme Court of India
Feb-22-2007
Sales Tax
Rajasthan Sales Tax Act, 1994 - Sections 38(5), 78(2), 78(5) and 86; Karnataka Sales Tax Act; General Clauses Act, 1897 - Sections 3(22); Limitation Act, 1963 - Sections 2 and 14; Indian Penal Code (IPC), 1860 - Sections 52
JT2007(4)SC297; 2007(3)SCALE420; 2007[6]STR164; 2007AIRSCW2987
absence of it is a finding of fact. [See Deena v. Bharat Singh : [2002]SUPP1SCR289 ]Section 52 of the Indian Penal Code, 1860 (in short 'IPC') emphasizes due care and attention in relation to 'good faith'.10. In this case though the … as to attract levy of penalty at the rate of 30% of the value of goods under Section 38(5) of the Act. The High Court felt that the action of the authorities cannot be countenanced and they
Tag this Judgment! AI Brief & AskIn Re: Azgaralli Nazaralli Singaporewalla
Mumbai
Oct-20-1953
Criminal
Indian Penal Code (IPC), 1860 - Sections 109, 114, 116, 161, 165 and 165(A); Criminal Law (Amendment) Act, 1952 - Sections 3, 6, 6(1), 7, 7(1), 7(3) and 10; Constitution of India - Article 14; Code of Criminal Procedure (CrPC) , 1898 - Sections 337; General Clauses Act - Sections 5(2); West Bengal Criminal Law (Amendment) (Special Courts) Act, 1949 - Sections 4; Government of India Act, 1935; Interpretation Act - Sections 38(2); Employers Liability Act, 1880
AIR1954Bom327; (1954)56BOMLR199; ILR1954Bom763
to law.29. Order accordingly. Criminal - conviction - Sections 109, 114, 116, 161, 165 and 165 (A) of Indian Penal Code, 1860, Sections 3, 6, 6 (1), 7, 7 (1), 7 (3) and 10 of Criminal Law (Amendment) Act, 1952, … the trial even in respect of the said properties, reliance was put on paragraph (e), Sub-section (2), of Section 38, of the Interpretation Act, and on the principle of decision of the Judicial Committee in --'Colonial Sugar Refining
Tag this Judgment! AI Brief & AskMohamed Ali Jinnah vs National Investigation Agency
Delhi
Jun-03-2026
Right to Information
custody parole in FIR No. RC-14/2022/NIA/DLI dated 13.04.2022 registered at PS.: NIA, New Delhi under Sections 120B/153A of the Indian Penal Code,1860 (IPC) read with Sections 17/18/18B/22B/38/29 of UAPA for a period of 06 hours on 15.06.2026 excluding the … Rohilla, Advs.CORAM:HON'BLE MR. JUSTICE SAURABH BANERJEEHON'BLE MR. JUSTICE AMIT SHARMAORDER% 03.06.20261. By virtue of the present appeal under Section 21(4) of the NationalInvestigation Agency, Act, 2008, the appellant seeks setting aside of the orderdated 09.04.2026, passed by
Tag this Judgment! AI Brief & AskPrabhu Rama Shinde and anr. Vs. the State of Maharashtra
Mumbai
Jul-17-1995
Criminal
Indian Penal Code (IPC), 1860 - Sections 34, 38, 302 and 304(II); Evidence Act, 1872 - Sections 3, 45 and 69
1996(3)BomCR240
Fine if paid be refunded. Criminal - common intention - Sections 34, 38, 302 and 304 (II) of Indian Penal Code, 1860 and Sections 3, 45 and 69 of Evidence Act, 1872 - appeal filed by two accused against conviction … of causing the death of the deceased. He submitted that applying the principle of law laid down under section 38 of the Indian Penal Code, the case of appellant No. 2 can be separated from that of appellant
Tag this Judgment! AI Brief & AskM.S.T.C. Ltd. Vs. Shree Diwan Steel (i.) Ltd.
Punjab and Haryana
Aug-22-2001
Company
Companies Act, 1956 - Sections 446 and 617; Code of Civil Procedure (CPC) , 1908 - Order 21, Rule 54 - Order 38, Rule 5; Indian Penal Code (IPC), 1860 - Sections 403, 406 and 420; Criminal Laws (Amendment) Ordinance, 1944 - Sections 4, 12, 13 and 14; Negotiable Instruments Act, 1881
[2003]115CompCas587(P& H)
Courts, New Delhi under Section 138 of the Negotiable Instruments Act, and Sections 403, 406 and 420/34 of the Indian Penal Code, 1860, as the respondent-company did not make any payments despite the aforesaid notice. The aforesaid proceedings are stated to … Court on November 8, 1998. Along with the aforesaid summary suit, the petitioner-company moved an application under Order 38, Rule 5 praying for the attachment of the properties of the respondent-company before judgment; and another application under
Tag this Judgment! AI Brief & AskShri Baburao Patel and ors. Vs. Dr. Zakir HusaIn and ors.
Supreme Court of India
Nov-07-1967
ElectionConstitution
Presidential and Vice-Presidential Elections Act, 1952 - Sections 18; Constitution of India - Articles 38(1), 58, 58(1), 58(2), 60, 84, 102 and 324; Indian Penal Code (IPC), 1860 - Sections 171-C, 171-C(1), 171-C(2) and 171-C(3)
AIR1968SC904; [1968]2SCR133
, 58, 58 (1), 58 (2),60, 84, 102 and 324 of Constitution of India and Section 171-C of Indian Penal Code, 1860 - whether Presidential candidate is required to take oath before filing nomination as required Article 84 read with … of Art. 84 for the purpose of finding out the qualification as to age. Clause (c) of Art. 38(1) clearly corresponded to clause (c) of Art. 84 and reading them together it would follow that a person
Tag this Judgment! AI Brief & AskSmt Kailas Laxman Joshi Vs. B. Akashi Commissioner of Police, Thane an ...
Mumbai
Jun-16-1994
Criminal
Constitution of India - Article 22(5); Indian Penal Code (IPC), 1860 - Sections 34, 38, 383 and 384
1994(4)BomCR147; 1995CriLJ231
- detention - Article 22 (5) of Constitution of India and Sections 34, 38, 383 and 384 of Indian Penal Code, 1860 - detention Order passed against petitioner challenged - petitioner alleged to have created reign of terror amongst members … No. 5 alongwith his brother Ishwarlal. He owns room No. 11 and 12 in Barrack No. 1840 of Section 38. He does the business of Embroidery at the said rooms. He started constructing bungalow at the said place.
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