Court : Supreme Court of India
Reported in : 2009(1)OLR(SC)181; 2008(16)SCALE276; (2009)2SCC696
..... bihari singh, a first information report was registered against seven persons for commission of offences under sections 147, 148, 149, 307 and 302 of the indian penal code and section 27 of the arms act as well as under section 3/4 of the explosive substance act inter alia alleging that on 24.10.2000 at around 4 p.m. when he along ..... . in the aforementioned situation, it was observed:.if the satisfaction of the investigating officer or supervising officer is to be treated as determinative, then the very purpose of section 319 of the code would be frustrated. though it cannot always be the satisfaction of the investigating officer which is to prevail, yet in the instant case the high ..... overt act has been attributed to the appellants by pws 1, 2 and 3. nothing has been stated about the appellants by pws 4 and 5. there was mention of their names in the fir. a protest petition was filed. same was also rejected. these could not have formed the basis of accepting the prayer in terms of section 319 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2009SC745
..... whoever, except in the case provided for by section 335, voluntarily causes grievous hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or any corrosive substance, or by means of any explosive substance, or by means of any substance which ..... wounds and, therefore, the knowledge which can be inferred from the said acts is that they intended to cause grievous hurt. accordingly, the conviction as noted above was altered.4. learned counsel for the appellant submitted that the appellant cannot be convicted in terms of section 326 read with section 34 ipc. it was submitted that none of the injuries were grievous hurts .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2009SC1039; 2009CriLJ980; JT2009(1)SC421
..... ipc for attempting to cause murder and sentenced to undergo ri for seven years; under section 330 read with section 149 i.p.c. and sentenced to undergo rigorous imprisonment for five years and under section 9(b) of the indian explosives act, (in short `explosive act') read with section 149 ipc and sentenced to undergo ri for two years. respondents 1 to 3 were further convicted under ..... section 148 ipc and respondents 4 and 5 were convicted under section 147 i.p.c and sentenced to undergo rigorous imprisonment for three .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2008(2)ALD917(SC)
..... and affection but to extract more money from her parents. learned counsel, thus, argued that in the light of these surrounding circumstances, a clear case for conviction under section 498a i.p.c. had been made out against the respondent.9. mr. r. venkatramani, learned senior counsel appearing on behalf of the respondent, while supporting ..... andhra pradesh at hyderabad, setting aside the conviction of the respondent-accused a-1 in sessions case no. 129 of 1998 from the charge of offence punishable under section 498a of the indian penal code, 1860 (for short `i.p.c.') and acquitting him, the state of andhra pradesh has preferred this appeal.3. brief ..... the case is vitiated by some manifest illegality or the conclusion recorded by the court below is such which could not have been possibly arrived at by any court acting reasonably and judiciously and is, therefore, liable to the characterised as perverse, then, to prevent miscarriage of justice, the appellate court is obliged to interfere.14 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2008(6)LHSC4430
..... accused were, therefore, charged for commission of offences punishable under sections 143, 148, 323 and 302 read with section 149, indian penal code, 1860 (ipc). they were also charged under sections 3 and 5 of the explosive substances act, 1908. the judicial magistrate, ranni committed the case under section 209 of the code of criminal procedure, 1973 since the ..... on the deceased on the arms and legs with gandasa.20. converting conviction of the accused from section 302 to section 304 part i, this court observed;it is significant that out of all the injuries which were thus inflicted none was inflicted on a vital ..... by a decision of this court in kapur singh v. state of pepsu : 1956crilj1265 . in that case, the appellant was convicted for offence punishable under section 302, ipc. according to the prosecution case, the appellant had caused death of the deceased while one chand singh held the victim. eighteen injuries were inflicted .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2008(2)ALD(Cri)766; 2008(56)BLJR3064; 2008CriLJ4562; JT2008(10)SC164; 2008(12)SCALE420; 2008AIRSCW6210; 2008(4)Crimes16; 2008(5)LH(SC)3768; 2008AIRSCW6210; 2008(4)Crimes16; 2008(6)Supreme677
..... a3, a5 and a6 were in possession of country bombs without any valid license and hence charges were framed against a3, a5 and a6 under section 9(b)1(b) of the indian explosives act,1884 (in short the `explosives act').on perusal of the records and documents in the case and upon hearing the arguments of the public prosecutor and defence counsel, trial court came ..... ipc and sentenced to 5 years ri. a3, a5 and a6 are found guilty of the charge under section 9(b)(1(b) of the indian explosives act and each one of them is sentenced to 2 years ri. the above sentences shall run concurrently.2. background facts as highlighted by the prosecution are as follows:the inspector ..... member of an assembly. the only thing required is that he should have understood that the assembly was unlawful and was likely to commit any of the acts which fall within the purview of section 141. the word `object' means the purpose or design and, in order to make it `common', it must be shared by all. in other words, the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2008AIRSCW3688; AIR2008SC2419; 2008(7)SCALE525; (2008)6SCC776; 2008CriLJ3016
..... guru and s.a.r. gilani for the offences under sections 121, 121a, 122, section 120b read with sections 302 and 307 read with section 120b, ipc, sub-sections (2), (3) and (5) of section 3 and section 4(b), pota and sections 3 and 4 of the explosive substances act. accused nos. 1 and 2 were also convicted under sections 3(4), pota. the other accused navjot sandhu alias afsan ..... ) and the explosive substances act:i) section 3(2) of pota ii) section 3(3) of pota iii) section 3(4) of pota iv) section 3(5) of pota v) section 4(b) of pota vi) section 121 of ipc vii) section 121a of ipc viii) section 122 of ipc ix) section 302 read with 120b of ipc x) section 307 read with 120b of ipc xi) section 3 of explosive substances act. 3. the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2008ACJ1895; 2008(5)ALLMR(SC)917; (2008)3GLR2400(SC); 2008(2)KLT700(SC); 2009(1)MhLj27; (2008)4MLJ323(SC); RLW2009(1)SC236; 2008(9)SCALE182; (2008)9SCC527; 2008AIRSCW4165; 2008ACJ1895; 2008(3)LH(SC)1872; JT2008(4)SC598
..... in modern law review 1961 vol 24, p 557).32. in read v. lyons (1947) ac 156 which was a case of injury due to a shell explosion in an ammunitions factory, lord macmillan while rejecting the claim of the plaintiff made further restrictions to the rule in rylands v. fletcher (supra) by holding that the ..... fletcher (supra) was subsequently interpreted to cover a variety of things likely to do mischief on escape, irrespective of whether they were dangerous per se e.g. water, electricity, explosions, oil, noxious fumes, colliery spoil, poisonous vegetation, a flagpole, etc (see 'winfield and jolowicz on 'tort', 13th edn p 425) vide national telephone co. v. baker ..... statutes the principle of strict liability has been provided to give insurance to people against death and injuries, irrespective of fault.47. thus, section 3 of the workmen's compensation act 1923 provides for compensation for injuries arising out of and in the course of employment, and this compensation is not for negligence on the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2008SC3148; 2008(3)ALD147(SC); 2008(56)BLJR1811; 148(2008)DLT705(SC); JT2008(5)SC376; 2008(6)SCALE325; (2008)5SCC287; 2008(3)ICC326; 2008(3)Supreme37; 2008AIRSCW3324; 2008AIRSCW3324; 2008(3)ICC326; 2008(3)Supreme37
..... of both the landlord and the tenant that a harmony is sought to be struck whereby the bona fide requirements of the landlords and the tenants in the expanding explosion of need and population and shortage of accommodation are sought to be harmonised and the conditions imposed to evict a tenant are that the landlord must have bona fide ..... from september 1, 1959. in april, 1970, the respondent landlord determined the tenancy by serving a notice to quit. in september, 1970 he filed a petition under section 14 of the act for eviction of wasti ram on the grounds of non-payment of rent, bona fide requirement, change of user from residential to commercial, substantial damage to the property ..... and of rates of hotels and lodging houses, and for the lease of vacant premises to government, in certain areas in the union territory of delhi. section 2(i) of that act defines the premises to mean any building or part of a building which is intended to be or is let for use as a residence or for commercial .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2008SC2096; JT2008(4)SC369; 2008(4)SCALE574; 2008AIRSCW2742; 2008(3)LH(SC)2248
..... . therefore, it is not correct as observed by the high court that some of the grounds related to offences punishable under sections 3 and 5 of the explosive act only. it is really not so. even otherwise, all instances indicated are in respect of offences covered by the definition of the expression ..... detailed in the order of detention related to offences punishable under ipc and also under some of the provisions of the explosive act. therefore, the impugned judgment of the high court is indefensible. ..... of the grounds related to offences punishable under the explosive act, the detention under the act was impermissible. the high court accepted the stand and quashed the order of detention. 5. in support of the appeals, learned counsel for the appellants submitted that section 2(g) of the act defines a 'goonda'. undisputedly, all the instances .....
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