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 Court: madhya pradesh Page 1 of about 1 results (0.079 seconds)

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 .....

Chitoolal Ramswaroop Rathore Vs. State of Madhya Pradesh

Court : Madhya Pradesh

Reported in : 1992(0)MPLJ793

..... attempted murder punishable under section 307 of the indian penal code it is necessary for the prosecution to prove that the accused had one of the four special mens rea mentioned in section 300 of the indian penal code which defines murder.18. ..... mb 141 has been referred to and deferring from the view therein taken it has been held that section 71 of the indian penal code would have no application and sentence can be imposed in respect of offence under section 279 as also under section 338 of the indian penal code.25. ..... in the decision in kallu's case, 1970 jlj sn 20 convictions under sections 279 and 304a of the indian penal code were set aside in revision observing as under :'it is not possible to draw an inference of rash and negligent driving upon the material on record .......the petitioner cannot be said to have driven the bus at a breakneck speed ..... , 1960 mplj 185 = 1960 jlj 308 from the mere fact that a motorist strikes against a person on the road, a presumption cannot be drawn that the accident was caused by the motorist's negligence ..... pointed out that where rash or negligent driving actually results in grievous hurt being caused to any person, an offence under section 338. ..... the trial the learned trial judge acquitted the appellant of the offence against the person of madhu rao and convicted and sentenced him as already detailed-11. ..... found five injuries on the person of kishan rao and the ..... the person of madhu ..... a person is said to act rashly if he acts without caring about .....

Ganeshgir S/O Sukhagir and anr. Vs. the State of Madhya Pradesh

Court : Madhya Pradesh

Reported in : AIR1966MP311; 1966CriLJ1273

..... , who at the relevant time were respectively serving as 'overman' and 'sirdar' in the eklehra colliery situate in tahsil and district chhindwara, are being prosecuted under section 304a, indian penal code, in two trials as there were two deaths as a result of their negligence while working as such 'overman' and 'sirdar' (criminal cases nos. ..... what the word 'illegal' means is defined in section 44 of the penal code thus:'the word 'illegal' is applicable to everything which is an offence or which is prohibited by law, or which furnishes ground for a civil action; and a person is said to be 'legally bound to do' whatever it is illegal in him ..... working places where work is temporarily stopped; and shall ascertain the condition thereof as regards ventilation, sanitation the presence of gases, the state of the roof and sides, and generally so far as the safety of the persons is concerned: provided that in the case of a mine to which regulations 122(2) and 144 apply such inspection shall be made with an approved flame safety lamp; and that in the case of a district to which regulation ..... the petitioners as such 'overman' and 'sirdar' were to periodically inspect the roof inside the mine where working was going on; that the roof at a certain place inside the mine collapsed killing two persons underneath its debris; that if the said roof had been duly inspected by the petitioners, its weakness and imminent danger of its collapsing would have been detected and remedied and deaths of the two .....

Rajendra Agrawal Vs. State of Madhya Pradesh

Court : Madhya Pradesh

Reported in : 1991(0)MPLJ1011

..... on the basis of the aforesaid report, the police on 17-12-1985, registered a crime under section 420, indian penal code against the applicant and investigation was set afoot.8. ..... 157 of 1986 whereby he has held that the case for charge under section 420, indian penal code has, prima facie, been made out.2. ..... section 415, indian penal code defines cheating and section 420 ibid embodies the penal provision therefor. ..... he held that a case for charge under section 420, indian penal code has been made out.11. ..... material on record, it appears that the applicant by practising deception induced delivery of goods and, therefore, the opinion of the learned magistrate that there is ground for presuming that the accused has committed an offence under section 420, indian penal code cannot be faulted. ..... it was urged that it is clear from the course of transactions, that mens rea from the very inception cannot be imputed to the petitioner and, therefore, no offence under section 420, indian penal code is constituted.10. ..... it was further stated in the report that in pursuance of the initial promise the petitioner submitted personal guarantees to the hind syntex on 13-5-1985, 18-6-1985 and 25-6-1985.6. ..... the accused person, however, cannot at the initial stage of the trial compel a magistrate to summon any witness, whom the accused considers to be a necessary witness, for recording his statement. ..... he also assured that for the seller's satisfaction he would stand as personal guarantor.4. .....

Heeralal and 2 ors. Vs. State of Madhya Pradesh

Court : Madhya Pradesh

Reported in : I(1995)DMC516

..... for the purposes of this section 'dowry death' shall have the same meaning as in section 304b of the indian penal code (45 of 1860).22. ..... for the purposes of this section, 'cruelty' shall have the same meaning as in section 498a of the indian penal code (45 of 1860). ..... offences punishable under sections 306 and 304b of the indian penal code, it is argued, are quite distinct and different and, therefore, without a charge for the alleged commission of offence punishable under section 306 of the indian penal code having been framed, the accused cannot be held guilty thereunder on the ground that they have been charged for the alleged commission of a graver offence punishable under section 304b i.p.c.21. ..... it is an appeal against the finding of holding the accused-appellants guilty for committing an offence punishable under section 304b of the indian penal code and sentencing them to undergo rigorous imprisonment for 10 years each. ..... , if the accused is charged with having committed an offence punishable under section 304b--of the indian penal code, he can be held guilty for committing an offence punishable under section 306, ipc.23. ..... when the question is whether a person has committed the dowry death of a woman and it is shown that soon before her death such women had been subjected by--such person to cruelty or harassment for, or in connection with, and demand for dowry, the court shall presume that such person had caused the dowry death.explanation. ..... no injury was seen on her person. .....

Surendra Kumar JaIn Vs. Rajkumari and ors.

Court : Madhya Pradesh

Reported in : 1993(0)MPLJ712

..... , vidisha, for further inquiry, observing that it was improper to have discharged accused persons and further observing that offence under section 498a, indian penal code was also disclosed from the evidence and directing that it might be considered, if charge under that offence too deserved to be framed against accused nos. 1 to 3, i.e ..... such, the impugned order of the additional sessions judge in so far as he directed consideration of the question whether a charge could be framed against any accused person under section 498a, indian penal code, was clearly wrong.5. ..... is no doubt that a part of the impugned order of additional sessions judge, inasmuch as it directed considering the question, if charge of the offence under section 498a, indian penal code was made out against accused persons, was clearly unsupportable. ..... petitioner had thus committed the offence of bigamy under section 494, indian penal code and his parents and brother, second wife sudha jain and her father had abetted the offence of bigamy under section 494/109, indian penal code. ..... even the alleged offence under section 498a, indian penal code could not have been considered for framing charge against accused nos. 1 to 3, ..... sessions judge should not have gone further to put any impediment on the judicial discretion to be exercised by the lower court by making any direction, and particularly the direction with regard to the offence under section 498a, indian penal code, which is not an ex post facto penal provision. .....

Muhammad HussaIn Bhai and anr. Vs. State of Madhya Pradesh

Court : Madhya Pradesh

Reported in : (1960)IILLJ664MP

..... the accused (non-applicants), who are the proprietors of a textile mill at ujjain, were in those complaints charged under three counts:(i) under section 406, indian penal code, for criminal breach of trust in respect of amounts deducted during the months, january, february and march 1953, from the wages of their employees as contribution to the employees' provident fund, ..... be hit by article 20(1), certainly, this argument has no application whatsoever to the prima facie case under section 406, indian penal code, which, in any view of the matter, should have been inquired into and investigated.17. ..... the charge under section 406, indian penal code, there is no ..... been disputed before the magistrate so that we have to proceed on the assumption that they are prima facie true, and see if that constitutes the offences respectively under section 406, indian penal code, and paras. ..... indian penal code ..... however, did not think it necessary to make a reference under section 432, criminal procedure code, to the high court, because the scheme is not 'an act ..... the questions before us are, firstly, whether the prima facie case under section 406 can be considered independently of the operation of the scheme; secondly whether the allegations in regard to non-payment of the contributions and the submission of ..... enumerates the industries for the establishments in which the schemes would apply at the first instance, which includes establishments employing more than fifty persons and manufacturing textiles. .....

Sumati Jain, Vs. the State of Madhya Pradesh Through the Police Statio ...

Court : Madhya Pradesh

Reported in : 2009(3)MPHT495

..... explanation-for the purpose of this section, 'dowry death' shall have the same meaning as in section 304-b of the indian penal code (45 of 1860). 13. ..... there might have some trivial misbehaviour or taunting by the accused persons, but it could not have been taken to form the cruelty in terms of section 498-a of the indian penal code. ..... since the deceased had gone back to her parents house on 31.5.2001 and lived there till 18.6.2001 and came back to the house of accused persons and lived there till 25.6.2001, it could not be presumed that there was any proximate and live link between the demands allegedly made from her and her death. ..... on scanning the evidence adduced by the prosecution, it appears that in quite ordinary and general manner dissatisfaction about the dowry was expressed by the accused persons and they expected something more, but there was absolutely no evidence to indicate that mukta was harassed or subjected to cruelty on that account. ..... -for the purpose of this section, 'cruelty means(a) any wilfull conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical of the woman: or (b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand. .....

Rajendra Kumar Pate Vs. Union of India (Uoi) and ors.

Court : Madhya Pradesh

Reported in : 1996(0)MPLJ580

..... revealed that the petitioner was arrested and charge sheet was filed against the petitioner in the court of judicial magistrate first class, rewa for the offences under sections 147, 451, 294, 506 and 323 of the indian penal code, registered at crime no. ..... reason that commission, appointment and enrolment is made with the strict compliance of the provisions contained in chapter iii of the act of which section 13 prescribes the procedure before the enrolling officer which lays down that upon the appearance before the prescribed enrolling officer of any person desirous of being enrolled, the enrolling officer shall read and explain to him, or cause to be read and explain to him in ..... a bare look of the aforesaid provisions, it is evident, that a person who is desirous of being enrolled after he is being questioned in the manner laid down under section 13 of the act, makes a false answer to any of such question ..... section 16 enumerates the persons to be attested, namely, -(a) all persons enrolled as combatants,(b) all persons selected to hold a non-commissioned of acting non-commissioned rank; and(c) all other persons subject to this act as may be prescribed by the central government.section 17 lays ..... (2) the form of oath of affirmation prescribed under this section shall contain a promise that the person to be attested will bear true allegiance to the constitution of india as by law established and that he will serve in the regular army and go wherever he is ordered by land, sea or air, .....

Bhuria and ors. Vs. the State of M.P.

Court : Madhya Pradesh

..... it is true that appellants in the case in hand have been convicted under section 302 read with section 149 of the indian penal code, but if the evidence of complainant sudhir singh (pw-4) is carefully scrutinized, it can be seen that in the first information report he attributed no weapons to aforesaid five accused persons. ..... since this section imposes a constructive penal liability, it must be strictly construed as it seeks to punish members of an unlawful assembly for the offence or offences committed by their associate or associates in carrying out the common object of the assembly. ..... therefore, any offence committed by a member of an unlawful assembly in prosecution of any one or more of the five objects mentioned in section 141 will render his companions constituting the unlawful assembly liable for that offence with the aid of s.149. ..... under this section, therefore, every member of an unlawful assembly renders himself liable for the criminal act or acts of any other members or members of that assembly provided the same is/are done in prosecution of the common object or is/are such as every member of that assembly knew to be likely to be committed. ..... even if an act incidental to the common object is committed to accomplish the common object of the unlawful assembly it must be within the knowledge of other members as one likely to be committed in prosecution of the common object. .....