Judgment Search Results Home > Cases Phrase: indian penal code 45 of 1860 section 150 hiring or conniving at hiring of persons to join unlawful assembly Page 1 of about 336 results (0.210 seconds)

Ramchandra Rabidas Alias Ratan Rabidas Vs. State of Tripura

Court : Guwahati

..... (i) whether resort to the provisions of indian penal code, 1860 for prosecuting and convicting persons for committing offences of road traffic accidents is legal and justified? ..... it was also contended on behalf of the state that since the punishments for rash and dangerous driving provided under sections 183 and 184 of the mv act do not comprehend causing of hurt or death of any person there is no illegality or impropriety in punishing the guilty drivers under section 337/338/279/ and 304a of the indian penal code. ..... i find sufficient force in the submission of the learned counsel inasmuch as section 279 of the indian penal code, which is readily invoked for the offences of rash and negligent driving of vehicles, is non compoundable under cr.p.c. ..... if section 279 of the indian penal code is read harmoniously together with sections 182 and 184 it would appear that virtually all these penal provisions are synonymous which relates to rash and negligent driving, endangering human lives. ..... section 5 of the indian penal code removes any kind of ambiguity about the conviction and punishment of offenders under special law, if any exists, covering the field. ..... sri deb, learned counsel for the petitioner emphatically submitted that section 5 of the indian penal code statutorily debars trial and conviction of any person under ipc in the event of existence of special or local law on the specific subject, covering similar offences.8. .....

Ram Chatterjee and anr. Vs. Smt. Tapati Mukherjee and anr.

Court : Kolkata

Reported in : (2002)3CALLT208(HC)

..... : air1977delhi97 wherein the single judge of delhi high court held that after acquittal of a person in the charge of murder under section 302 of indian penal code, there was no scope to reopen the matter by a civil court in adjudicating the proceeding to disqualify such acquitted person to inherit the property in terms of section 25 of hindu succession act, 1956, is distinguishable on its special facts of that case ..... fact situation when the point came up for adjudication before the single bench of punjab & haryana high court namely the point as to whether previous decision of the criminal court holding a person guilty under section 304 of indian penal code, single bench of punjab & haryana high court in the case mst biro and anr. v. ..... in : air1970ap407 wherein the andhra pradesh high court held that to apply the disqualification clause under section 25 of the hindu succession act it was not necessary that the person who committed murder or abated commission of murder must also had been convicted of the offence of murder or of abatement of murder under section 302 of the indian penal code.14. ..... 1955]2scr270 , according to which the judgment of the criminal court is only relevant to show that there was a trial resulting in the conviction and sentence of the adopted son to four years' rigorous imprisonment under section 304, indian penal code, but it is not evidence of the fact that the plaintiff-respondent was the murderer. ..... sense, the word 'murder' means unlawful killing of human being. .....

D. Pandu Vs. General Manager, Central Warehousing Corporation and ors.

Court : Andhra Pradesh

Reported in : 2006(2)ALD817; 2006(2)ALT614

..... the question that falls for consideration in a criminal case as to whether the charged person is guilty of offence punishable under indian penal code or any penal statutes for the time being in force, whereas in a departmental enquiry what is required to establish is as to whether the employee is guilty of misconduct. ..... the misconduct under rules or regulations is entirely different from that of an offence under indian penal code or any penal statutes, as the case may be. ..... while disciplinary proceedings are initiated for misconduct, prescribed either under the certified standing orders or in the rules and regulations governing employees of the establishment, criminal proceedings are for offences under the indian penal code or under other statutes.16. ..... by administrative authorities and tribunals, as indeed, in some kinds of cases, with the proliferation of administrative law, they may have to be so replaced, it is essential that administrative authorities and tribunals should accord fair and proper hearing to the persons sought to be affected by their orders and give sufficiently clear and explicit reasons in support of the orders made by them. ..... as noticed hereinbefore, in paul anthony's case : (1999)illj1094sc , the supreme court itself has categorically held that it is possible that a person can be found guilty of commission of misconduct despite his acquittal in the criminal trial. ..... 74/87, before the judicial first class magistrate, suryapet, under sections 457 and 381 i.p.c. .....

Munilal Thakur and Indrajit Show @ Sikka Vs. State of West Bengal

Court : Kolkata

Reported in : 2008(3)CHN1034

..... howrah in furtherance of your common intention did commit murder by intentionally or knowingly causing the death of raj kumar thakur and thereby committed an offence punishable under section 302/34 of the indian penal code, and within my cognizance.secondly- that you, in the aforesaid night and at the aforesaid place, in furtherance of your common intention having reason to believe that an offence like murder punishable to death or life imprisonment, committed by you, ..... 72/03 on 10th december, 2003 convicting the appellants under sections 302/34 and 201/34 of the indian penal code and a further order dated 11th december, 2003 sentencing the appellants to suffer life imprisonment as also to pay a fine of rs. ..... 9 and 10 formulated by the learned trial judge are as follows:did the circumstances clearly denote that the accused persons in furtherance of common intention committed culpable homicide amounting to murder by causing the death of the deceased, raj kumar on 1/2-1-01 in the three-storied building of pannalal nonia?did the accused persons in furtherance of common intention hide the deadbody of deceased, raj kumar on the stack of bricks situated in the roof of a constructed building of pannalal nunia in order to cause ..... he has stated that the witnesses stated before him that the victim, raj kumar joined in a saloon at hapta bazar. ..... 7 kallol deposed that on 1st january, 2001 munilal, indrajit and raj kumar came to his video parlour for hiring a vcr. .....

State of M.P. Vs. Bhagirath

Court : Madhya Pradesh

Reported in : 2003CriLJ4608; 2003(2)MPHT520; 2003(2)MPLJ462

..... against this, the learned counsel appearing for the respondent submitted that the legislature in its wisdom has left it to the discretion of the court to punish a person for an offence under section 304a of the indian penal code, either with imprisonment or with fine or both. ..... a charge for an offence punishable under section 304a of indian penal code was framed against the respondent who pleaded guilty to the charge where upon learned trial magistrate convicted the respondent for the aforesaid offence and imposed a fine of ..... offence under section 304a of the indian penal code is a traffic violation that cannot be bartered by the courts by awarding a nominal ..... appellant/state has filed this criminal appeal under section 377(1) of the code of criminal procedure against the sentence imposed by the judicial magistrate first class, bedhan, upon the accused/respondent as per the judgment and order dated 28-4-92 passed in criminal case ..... and after carefully perusing the record of the lower court, i find that the unfortunate accident was the direct result of reckless and negligent driving by the respondent in utter disregard of the safety of persons on the road, therefore, the sentence of mere fine is grossly inadequate. ..... i am aware that prejudice in case of an offence under section 304a of ipc is bound more or less to reflect on the question of culpability of the accused and give rise to false issues which tend to cloud judicial vision but the task of keeping out the prejudice has got .....

Sibbu Munnilal Vs. State of Madhya Pradesh

Court : Madhya Pradesh

Reported in : AIR1968MP97; 1968CriLJ631

..... that the learned additional judicial commissioner proceeded on the view that if an accused convicted of an offence punishable under section 302 of the indian penal code is excluded from the definition of a 'youthful offender' in section 4(a) of the reformatory schools act on the ground that the punishment prescribed under that section is not only transportation but death as well, then in that case offenders convicted of offences, wherein the punishment ..... referred to above, and that gangaram's case, air 1965 madh pra 122 leaves certain measure of doubt as to whether on the true interpretation of sections 53 and 53a of the indian penal code, the expression 'transportation' in the definition of 'youthful offender' in the reformatory schools act should be altogether omitted or should be substituted by the words 'imprisonment ..... with imprisonment for life or imprisonment or who has been sentenced to imprisonment under section 123 of the code of criminal procedure, 1898, and who at the time of such conviction or sentence was under the age of sixteen years;' if the definition is so read, no manner of doubt is left that a person convicted of an offence, which is punishable with a sentence of imprisonment for life ..... penal system, but acts passed since the penal code have effected so radical a change in the law relating thereto that, whatever may have been the case in 1860, section 58 can no longer be construed as providing only for the transitory detention of prisoners awaiting conveyance to a penal .....

Ram Nandan Vs. State

Court : Allahabad

Reported in : AIR1959All101; 1959CriLJ1

..... in the working of our democratic system -- as i think there is -- of criticism of the policy of ministers and of the execution of their policy, by persons untrained in public speech becoming criticism of the government as such & if such criticism without having any tendency in it to bring about public disorder, can be caught within the mischief of section 124-a of the indian penal code, then that section must be invalidated because it restricts freedom of speech in disregard of whether the interest of public order or the security of the state is involved ..... as to the definition of the term 'government' it may be mentioned that under section 17 of the indian penal code as it stood previously, the term was confined to the person or persons authorised by law to administer executive government. ..... under the ninth exception to section 499, indian penal code, imputation made in good faith by a person for protection of his or other's interests will constitute a sufficient answer to a charge of ..... such defence, however, is open to a person, charged with the offence of sedition under section 124-a, indian penal code. ..... the reason given by stephen for the addition was ; 'the law relating to riots and unlawful assemblies is very full and elaborate, but it is remarkable that the penal code contained no provision at all as to seditious offences not involving an absolute breach of the peace ..... it was, however, omitted from the body of the, indian penal code when it was passed as act xlv of 1860. .....

R.S. Sodhi and anr. and Vs. Partha Pratim Saikia

Court : Guwahati

Reported in : [2009]151CompCas583(Gauhati)

..... whereas a person in charge of the affairs of the company and in control thereof has been made vicariously liable for the offence committed by the company along with the company but even in a case falling under section 406 of the indian penal code, 1860, vicarious liability has been held to be not extendable to the directors or officers of the ..... in terms of the explanations appended to section 405 of the indian penal code, 1860, a legal fiction has been created to the effect that the employer shall be deemed to have committed an offence of criminal ..... with the development of law, in the united states, as regards criminal liability of corporate bodies, the english courts have also come to take the view that a company can be prosecuted for the unlawful conduct of its officers subject to limitation that the unlawful conduct has arisen out of an act done or omitted to be done by an officer or agent, who was authorised by the company to deal with such matters. ..... 1, who is the chief general manager of the accused federation, to show that it was on his direction or with his connivance or previous knowledge that the bank drafts, in question, were encashed by the federation nor is there any allegation, in the complaint, showing that it is pursuant to the decision of ..... , observed (page 150 of [1944] 1 kb): 'under the defence (general) regulations, 1939, it is common for offences to be created in which certain ingredients are required to be found and the present case seems to me to fall within .....

Major E.G. Barsay Vs. the State

Court : Mumbai

Reported in : (1958)60BOMLR159

..... ranchhod sursang : air1924bom502 , where it was held that the court can convict accused persons of offences under section 307 read with section 34 or 114, although they are charged only with offences under sections 148, 149 and 307 of the indian penal code, would seem to support the view we are taking. ..... under section 107 of the indian penal code, a person abets the doing of a thing, who, inter alia, engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy and in order to the doing1 of that thing. ..... the definition of criminal conspiracy under section 120-a of the indian penal code postulates an agreement to do an illegal act or acts, and it is not necessary that every one of the persons aggreing to do these acts should be capable in law of committing an offence in respect of that act. ..... but that contention would not be correct because sections 162 and 165a of the indian penal code would obviously include in their ambit persons who would not be public servants. ..... under rule 41, on the court assembling, the order convening the court shall be laid before it together with the charge-sheet and the summary of evidence or a true copy thereof. ..... 4, 5 and 6 joined accused nos. .....

Major E.G. Barsay and ors. Vs. the State

Court : Mumbai

Reported in : 1958CriLJ1144

..... 1924 bom 502, where it was held that the court can convict accused persons of offences under section 307 read with section 34 or 114, although they are charged only with offences under sections 307, 148 and 149 of the indian penal code, would seem to support the view we are taking. ..... but that contention would not be correct because sections 162 and 165-a of the indian penal code would obviously in- clude in their ambit persons who would not be public servants, similarly the reference in clause (b) of section 6 of any conspiracy to commit or any attempt to commit or any abetment of any of the offences specified in clause (a) would necessarily involve trial of persons who are not public servants. ..... under section 107 of the indian penal code, a person abets the doing of a thing, who, inter alia, engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy and in order to the doing of that ..... the definition of criminal conspiracy under section 120-a of the indian penal code postulates an agreement to do an illegal act or acts and it is not necessary that every one of the persons agreeing to do these acts should be capable in law of committing an offence in respect of that ..... under rule 41, on the court assembling, the order convening the court shall be laid before it together with the charge- sheet and the summary of evidence or a true copy thereof ..... 4, 5 and 6 joined accused nos. .....