Judgment Search Results Home > Cases Phrase: indian penal code 45 of 1860 section 171a candidate electoral right defined Page 1 of about 4 results (0.059 seconds)

Shri Shiv Kirpal Singh Vs. Shri V.V. Giri

Court : Supreme Court of India

Reported in : AIR1970SC2097; (1970)2SCC567; [1971]2SCR197

..... the electoral right of an elector, as defined in section 171a(b) of the indian penal code, means 'the right of a person to stand, or not to stand as, or to withdraw from being, a candidate or to vote or refrain from voting at an election. ..... the expression 'electoral right' was defined in the same manner as in section 171a(b) of the indian penal code. ..... january 23, 1970, we directed that the petitioners were not entitled to lead evidence on this sub-para because we were of the opinion that these allegations, even if accepted, did not constitute any interference with the electoral right as defined in section 171a of the indian penal code, i.e. ..... of an electoral right is sufficient for the purpose of section 171c(1) of the indian penal code it is not necessary to prove positively that there was actual domination of or overbearing of the will of the elector to lead to the inference that undue influence was exercised : it would be sufficient to show that there was an attempt to pervert the unfettered choice of a voter by resort to illegitimate persuasion inter alia by pressing upon him a document containing such a false statement of fact relating to the conduct or character of a candidate as would make any right ..... (2) for the purposes of this section, the offences of bribery and undue influence at an election have the same meaning as in chapter ix-a of the indian penal code (act 45 of 1860).290. .....

Ramchandra Rabidas Alias Ratan Rabidas Vs. State of Tripura

Court : Guwahati

..... trial of offences under the indian penal code and other laws- (1) all offences under the indian penal code (45 of 1860) shall be investigated, inquired into, tried, and otherwise dealt with according to the provisions hereinafter contained. ..... (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? ..... 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. ..... 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. ..... it offends and violates the statutory right of the accused persons to plead guilty and, more so, since after such composition of the offence under section 208(3) of the mv act further prosecution of the accused is statutorily barred. ..... according to the learned counsel, the act not only defines various kinds of offences for driving motor vehicles either in contravention to the motor vehicles rules, traffic rules or in violation of the licence conditions but has also prescribed varied punishments, inter alia, for driving vehicles at .....

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

Court : Kolkata

Reported in : (2002)3CALLT208(HC)

..... hence, the technical meaning of the word 'murder' as appearing in section 302 of indian penal code, a penal statute, will have no applicability while defining the word 'murder' as appearing in section 25 of said act. ..... roy chowdhury to this extent that the meaning of the word 'murder' to be coined from the definition of the word 'murder' in the indian penal code and the argument that without having any definition by setting up the parameters of defining the word 'murder', civil court would be in difficulty to adjudicate the issue, have no basis to stand, accordingly the point is answered against the present petitioner.15. ..... keeping the law laid down by the supreme court in view, it has now to be examined whether the learned additional district judge was right in coming to the conclusion that the plaintiff-respondent was not guilty of murder and that since he was convicted by the criminal court under section 304, ipc, he was guilty of culpable homicide not amounting to murder which did not create a bar to succession under section 25 of the hindu succession act.'17. ..... learned court below held:'according to law of inheritance as laid down in sub-section 2(a) of section 15 of the hindu succession act, 1956 the plaintiff has got right of inherited the entire estate left by her issueless daughter and she is legally entitled to recover them from the defendants. .....

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 ..... or regulations is entirely different from that of an offence under indian penal code or any penal statutes, as the case may be. ..... 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. ..... of the rules of natural justice is that all judicial, quasi-judicial and even administrative authorities who are entrusted with the task of deciding us between the parties or passing order which affects the rights, interest or status of a person must record reasons in support of their findings and conclusions and such reasons should be communicated to the person concerned. ..... it is well settled that acquittal in a criminal case by the competent court of criminal jurisdiction does not confer any automatic right upon the delinquent employee for his reinstatement into service, even if the prosecution and the departmental enquiry is based on the same ..... the misconduct is invariable defined by the rules or regulations, as the case may be by which an employee's ..... 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 ..... 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 ..... thakur under bricks at the under constructed roof (2nd floor) of the house of pannalal nunia with an intention of screening yourself from the legal punishment of murder and thereby committed an offence punishable under section 210/34 of the indian penal code, and within my cognizance.2. ..... , in default to suffer rigorous imprisonment for one year for commission of offence under section 201/34 of the indian penal code. ..... 000/- each, in default to suffer further simple imprisonment for one year for commission of offence punishable under section 302/34, and further sentencing them to suffer rigorous imprisonment for 7 years as also to pay a fine ..... a statement made under section 161 cr.pc by any witness has no evidentiary value and can only be used for the purpose of contradicting the witness who .....

State of M.P. Vs. Bhagirath

Court : Madhya Pradesh

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

..... as 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 rs. ..... offence under section 304a of the indian penal code is a traffic violation that cannot be bartered by the courts by awarding a nominal fine. ..... 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 no. ..... 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 to be ..... , bedhan, who opined that parwati bai died due to haemorrhage suffered because of injury on her right side thigh and right foot and leg. .....

Sibbu Munnilal Vs. State of Madhya Pradesh

Court : Madhya Pradesh

Reported in : AIR1968MP97; 1968CriLJ631

..... 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 ..... additional judicial commissioner observed:'the provision under discussion requires that the offence, for which the candidate for a reformatory school is convicted, should be punishable with imprisonment or transportation, but it ..... section 302 of the penal code cannot warrant its being called an offence 'punishable with imprisonment' if it were the intention of the act to include within the ambit of the expression 'punishable with imprisonment' all offenders against whom a sentence of imprisonment had been passed irrespective of the nature and gravity of the offence of which they had been convicted, it could well have more simply defined ..... 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 ..... finally i do not consider it right to interpret clause (a) of section 4 of the act as if it did not take into account the gravity .....

Ram Nandan Vs. State

Court : Allahabad

Reported in : AIR1959All101; 1959CriLJ1

..... 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, and is capable of striking at the very root ..... the learned chief justice (meaning thereby the learned chief justice ot the federal court) then proceeds to consider the meaning of sedition fin english law, as 'defined and explained by decision of the courts, and 'states the principle to be derived therefrom as follows: 'public disorder or the reasonable anticipation or likelihood of public disorder, is thus the gist of the ..... it may now be said that the act of a politician in making a speech tending to excite bad feelings against the government while appealing to the electorate, which is the tribunal constituted to decide political disputes between parties, has no more a tendency to create disorder than the act of a counsel in making an address tending ..... section 124-a, might not only cover acts which fall outside the limits prescribed by article 19(2), but may also cover even act which a person might, while exercising his civic rights to vote as a voter and to participate in elections as a candidate -- rights conferred ..... 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)

..... 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 company.147. ..... for intentionally giving false evidence, section 196 of the ipc, which deals with corruptly using any evidence as genuine, which one knows to be false or fabricated, and section 420 of the ipc, which defines the offence of cheating, are all offences, which could only be committed by natural persons and, hence, a firm cannot be proceeded against for offences under sections 193, 196 and 420 of the indian penal code, for, all these offences need ..... a company exists, because there is a rule (usually in a statute), which says that a persona ficta shall be deemed to exist, and to have certain of the powers, rights and duties of a natural person, but there would be little sense in deeming such a persona ficta to exist unless there were also rules to tell one what acts were to count as acts ..... attempted to reconcile earlier decisions on this subject and bring the same in tune with the developed position of law by holding that a company could rightly be convicted of an offence, which involves an act or will or state of mind. ..... , made, in this regard, by lord reid, read as under (page 132 of [1971] 2 all er):i think that is right for this reason. .....

Major E.G. Barsay Vs. the State

Court : Mumbai

Reported in : (1958)60BOMLR159

..... 4, 5 and 6 to one under section 109, indian penal code, read with section 5(1)(c) and (d) of the prevention of corruption act, when they were charged only with the offence under section 5(1)(c) and (d) punishable under section 5(2) of that act read with section 34 of the indian penal code along with accused nos. ..... amin, this act amended the indian penal code and the code of criminal procedure and provided for a more speedy trial of certain offences, the offences being enumerated in section 6 of the act, and for the trial of those offences the state government has the power to appoint special judges, and section 7(i) of that act provides that notwithstanding anything contained in the code of criminal procedure, 1898, or in any other law the offences specified in sub-section (1) of section 6 shall be triable by special judges ..... the legislature did not define a civil offence as excluding offences which might fall within the ambit of sections 34 to 68 of the army act. ..... under section 3(ii) 'civil offence' is denned as 'an offence which is triable by a criminal court', and under section 3(viii) 'criminal court' is defined as 'a court oil ordinary criminal justice in any part of india, other than the state of jammu and kashmir. ..... rule 2(i) defines a 'commanding officer' and rule 2(ii) defines a 'competent military authority'. ..... ' under sub-clause (xviii) 'offence' means any act or omission punishable under the act and includes a civil offence as hereinbefore defined. .....