Court : Mumbai
Reported in : 1996(5)BomCR214; 1996CriLJ2136
..... the first respondent-complainant filed a complaint against the third respondent and the petitioners for offences under the air (prevention and control of pollution) act, 1981, the allegation of the complainant is that the accused no. ..... the provision for sanction is found in section 43 of the act which reads as follows :- 'section 43 :- no court shall take cognizance of any offence under this act except on a complaint made by or with the previous sanction in writing of the state board and no court inferior to that of a metropolitan magistrate or judicial magistrate of the first class shall try any offence punishable under this act. ..... hence it is alleged that the accused have violated many of the provisions of the act and the rules and thereby they have committed an offence punishable under section 39 of the act. 3. ..... inspector insecticides, it was a case of sanction of prosecution for an offence under the insecticides act. ..... that under section 40 of the act, directors and officers of the company who are incharge and responsible for the affairs of the company are liable to be prosecuted when an offence is committed by the company. ..... that was also a case where the sanction was to prosecute the company for committing an offence under the act. .....
Tag this Judgment!Court : Mumbai
Reported in : (1925)27BOMLR1391; 94Ind.Cas.881
..... this does not, however, affect the concurrent sentence of two years' rigorous imprisonment under each of the two sections 193 and 466, which was passed for one offence under each section though there were two documents in respect of which the two accused were convicted it is unnecessary to decide whether this is correct under sub section ..... 3 are men of means, and there is no other apparent motive for vallabhram's act, if that inference in correct, the means by which this temporary gain of the papers was obtained was an offence against the law relating to bribery in the indian penal code but leaving that aside, it is, in my opinion, clear that the conduct of vallabhram and accused nos. ..... that the definition of 'person' in section 11 of the indian penal code was sufficiently wide to include the government as representative of the whole community, and that a consent, which the forest inspector was not authorised to give, and which was given in favour of the accomplice of his breach of trust, could not be construed into the consent of government. ..... it is, however, contended that the removal of the tumar from jeyshankar's house does not constitute the offence of theft, because: (1) it wan removed (it is alleged) with jeyshankar's consent, and (2) in any case, vallabhram did not intend to take the tumar dishonestly out of the possession ..... wood under those circumstances was held to be within the definition of theft in spite of the forest inspector's unauthorised consent to that removal. .....
Tag this Judgment!Court : Mumbai
Reported in : 1995CriLJ2947; I(1996)DMC306
..... he asserts that the complaint filed by the de facto complainant before the police does not disclose sufficient material to constitute the offences either under the provisions of the dowry prohibition act, 1961 nor under section 498a read with sections 34 and 109 of ipc. ..... as i already stated, the learned magistrate after considering the complaint and also certain statements of the witnesses which were recorded by the police, has prima facie concluded that the aforesaid offence have been disclosed against the petitioners and thereupon framed charge against them. 4. ..... the petitioner's counsel has next contended that going by the allegations, the offence seems to have been committed in dubai and the magistrate has therefore no jurisdiction to entertain the complaint as it has not been filed where the accused were found. 6. ..... therefore i see that the important ingredients necessary for constituting an offence under section 498a have not even been alleged in the petition by the de facto complainant before the police. ..... unless these two ingredients are satisfied, no offence under section 498a can be alleged to have been committed. ..... learned public prosecutor tried to sustain the charge, but he could not point out the necessary ingredients to constitute the offence has been shown in the complaint. 7. .....
Tag this Judgment!Court : Mumbai
Reported in : 1975CriLJ1131
..... if any presidency magistrate, magistrate of the first class or sub-divisional magistrate has reason to believe that any person is confined under such circumstances that the confinement amounts to an offence, he may issue a search-warrant, and the person to whom such warrant is directed may search for the person so confined; and such search shall be made in accordance therewith, and the person, if found, shall be ..... the magistrate must have reasonable grounds to believe that the confinement in question is such that it amounts to an offence.from the facts of that (reported) case, it will be seen that, at the instance of the father, a search warrant was issued in respect of a child which was residing with the mother and the child was 5 ..... therefore, submitted that when the father was the legal guardian, the father did not commit any offence in taking away the child and there was no confinement. ..... it will be seen that it is divided into three parts; the first is that the magistrate of the first class if he has reason to believe that any person is confined under such circumstances that the confinement amounts to an offence, he may issue a search warrant. ..... that point, i shall examine that case and find out whether the magistrate had reason to believe that the child wag confined and whether the circumstances were such that the confinement amounted to an offence. ..... magistrate should have been satisfied that there was a confinement and that confinement of the child amounted to an offence. .....
Tag this Judgment!Court : Mumbai
Reported in : (1968)70BOMLR280; 1968MhLJ113
..... purpose for which that case was cited and i think, on plain reading of section 405, it is obvious that the first ingredient of the offence that must be proved by the prosecution is to prove that there has been an entrustment with property and it could be in any manner. ..... 484) :.as laid down in section 385, cochin penal code, (corresponding to section 405, indian penal code) to constitute an offence of criminal breach of trust it is essential that the prosecution must prove first of all that the accused was entrusted with some property or with any dominion or power over it.the entrustment, therefore, is the ..... being raised is that even after accepting all that the complainant said as true, does it disclose a criminal offence and would all that the complainant says end in conviction, if unrebutted? ..... of the requirement of entrustment is basic to the creation of any situation where an offence under section 405 of the indian penal code is being alleged.11. mr. ..... debt and even if that denial is dishonest, it is difficult to infer that a criminal liability is incurred which could constitute an offence under section 405 of the indian penal code. ..... such contract in specie, the non-return of the deposit by the bombay firm did not constitute any offence under section 405 of the indian penal code.10. ..... brief was that the managing agents of the bank used the money which he deposited in his current account for the purpose of other businesses and thereby they committed the offences charged against them. .....
Tag this Judgment!Court : Mumbai
Reported in : (1977)79BOMLR217
..... in their lordships' view it gives no sufficient effect to the reversal of the ordinary onus of proof by an express statutory provision that fact which constitutes an ingredient of a criminal offence shall be deemed to exist 'unless the contrary is proved'.the policy which underlies section 14 of the prevention of corruption act, 1961, is, in their lordships' view, clear. ..... but this is the test by which, in the absence of any statutory provision reversing the burden of proof, the court determines whether a fact the existence of which is a necessary ingredient of a criminal offence has been 'proved' or 'not proved' by the prosecution, upon whom the onus lies to prove it. ..... under section 161 or section 165 of the indian penal code, or of an offence referred to in clause (a) or clause (b) of sub-section (1) of section 5 of this act punishable under sub-section (2) thereof, it is proved that an accused person has accepted or obtained, or has agreed to accept or attempted to obtain, for himself or for any other ..... the presumption arises in regard to an offence under section 161 of the penal code or to an offence referred to in clause (a) or clause (b) of sub-section (1) of section 5 of the act.in sita ram v. ..... 10,000 was given to him for safe custody by the complainant is absurd and, therefore, the presumption under section 4 would apply and the accused must be convicted far the offence under section 161.17. .....
Tag this Judgment!Court : Mumbai
Reported in : 1955CriLJ586
..... 1947 pc 67 (e).the condition necessary to bring the section into operation is that discovery of a fact in consequence of information received from a person accused of any offence in the custody of a police officer must be deposed to, and thereupon so much of the information as relates distinctly to the fact thereby discovered may be proved. ..... relying on this evidence the trial court held that the two respondents were guilty of an offence under section 379, ipc the appellate court has believed this evidence and has held that the discovery was made voluntarily by these two respondents but has acquitted the respondents on ..... number of rulings in which section 27 has bee construed to mean that it is only the information which is first given that is admissible and once a fact has been discovered in consequence of information received from a person accuse of an offence, it cannot be said to be rediscovered in consequence of information received from another accused person. ..... during the course of investigation these two accused persons admitted the offence as per memorandum of admission and got the stolen property duly recovered in hidden condition as per seizure memo in the presence of ..... court held that accused manning, chhotelal and ileerachand were guilty of an offence under section 379, penal code, and accused duncan was guilty of abetting an offence of theft under section 379/109, penal code. ..... on full investigation an offence under section 379, penal code, is proved against the .....
Tag this Judgment!Court : Mumbai
Reported in : (1961)63BOMLR355
..... issued by it under the provisions of this act, or fails to comply with the conditions subject to which any permission was given to him by an authority of the corporation under the said provisions, shall, if the disobedience or omission is not an offence punishable under any other section, be punishable with fine which may extend to fifty rupees, and in case of continuing breach, with a further fine which may extend to fifty rupees for every day after the ..... sub-section (34) of section 5 defines 'nuisance' in the following terms:-'nuisance' includes any act, omission, place or thing which causes or is likely to cause injury, danger, annoyance or offence to the sense of sight, smell or hearing, or which is or may be dangerous to life or injurious to health or property;in the very nature of the things it is not possible to foresee every sort of contingency or every sort of situation which would amount at a particular ..... (2) whoever after having been convicted of any offence under clause (a) or (b) of sub-section (1), continues to commit such offence shall be punished for each day after the first during which he continues so to offend, with fine which may extend to the amount mentioned in the fourth column of the said table. ..... 1,000 and if the person after having been convicted continues to commit such offence, the penalty provided is a fine of rs. .....
Tag this Judgment!Court : Mumbai
Reported in : II(2006)BC155; 2005(2)MhLj1003
..... ordinarily be followed, and judgments of other courts which have persuasive value, the point which needs to be addressed and decided need to be formulated and is so formulated as follows :--(i) whether a power of attorney can file a complaint of offence under section 138 of n. i. act;(ii) who shall be the person whose sworn statement or whose examination needs to be recorded before the magistrate for taking cognizance ..... andhra pradesh high court (coram : bilal nazki and gopala krishna tamada, jj)this judgment has been relied upon by the learned advocate in support of plea that a complaint of an offence under section 138 of negotiable instruments act when filed by power of attorney is not competent and no cognizance can be taken if it is filed through a power of attorney.9. ..... taken by the court, under law.j) that the learned trial court ought to have held that the power of attorney holder has no locus standi to move the court for taking cognizance of alleged offence punishable under section 138 of the negotiable instruments act, and more particularly, in view of section 142 of the said act.5. ..... act in order to satisfy himself that prima facie offence has been made out.the preposition of law stated above based on section 200 of criminal procedure code is eloquent enough, however, it would be necessary to discuss the purpose for which the 'complainant' is ..... . act towards dishonour of cheque for offence under section 138 thereof in the name of the principal for signing for and on behalf .....
Tag this Judgment!Court : Mumbai
Reported in : 1979CriLJ397
..... 2.the two accused were charged with the offence punishable under section 7 (i) read with section 16(1)(a) of the prevention of food adulteration act, 1954. ..... 1 of the said offence and sentenced him till the rising of the court and to pay a fine of rs. ..... the offence had taken place on 15-5-1973 whereas the complaint had been filed 5 months later, on 1-10-1973. ..... 2 of the offence alleged against him. ..... the learned sessions judge was pleased to acquit the accused of the offence.2. .....
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