Judgment Search Results Home > Cases Phrase: indian penal code 45 of 1860 section 240 delivery of indian coin possessed with knowledge that it is counterfeit Page 3 of about 60 results (0.168 seconds)

T.S. Baliah Vs. T.S. Rangachari

Court : Chennai

Reported in : AIR1969Mad145

..... vii of 1939, the words "be punishable, on conviction before a magistrate, with simple imprisonment which may extend to six months, or with fine which may extend to one thousand rupees, or with both" were substituted for the words "be deemed to have committed the offence described in section 177 of the indian penal code. ..... old act, it is contended by the learned counsel in addition to the points raised in the other three complaints that section 297(2)(b) is violative of article 14 of the constitution in that it made a discrimination between the persons placed in similar position in respect of return of income filed after the commencement of the new act for the assessment year ending on the 31st day of march, 1962 and persons ..... is triable by a presidency magistrate, a magistrate of the first class or second class whereas the offence under section 52 cannot be tried by a second class magistrate unless specially empowered by the central government, and (4) if a penalty is levied under the income-tax act, the prosecution for any offence under that act relating to the same matter for which the penalty has been levied, will be barred. ..... if the intention of the legislature was that the prosecution would be barred even under any other enactment like the indian penal code in respect of the same matter, it could have said so specifically that the prosecution is not only barred under the income-tax act but also under any other law. .....

U. Suvetha Vs. State by Insp. of Police and anr.

Court : Supreme Court of India

Reported in : 2009CriLJ2974; (2009)3GLR2478(SC); JT2009(7)SC222; 2009(7)SCALE149; (2009)6SCC757

..... (2)sc641 while interpreting section 498a of the indian penal code, in a case where the prosecution alleged that during the life of the first wife-kalindi, appellant therein married for the second time, mohini, but after marriage both kalindi and shiv charan tortured mohini as a result thereof, she ultimately committed suicide by burning herself, opined:one, whether the prosecution under section 498a can at all be attracted since the marriage with mohini itself was ..... inter alia on the premise that the allegation made against the appellant in the first information report, even if it be given face value, does not disclose an offence under section 498a of the indian penal code, an application for discharge was ..... living with another woman may be an act of cruelty on the part of the husband for the purpose of judicial separation or dissolution of marriage but the same, in our opinion, would not attract the wrath 'of section 498a of the indian penal code.an offence in terms of the said provision is committed by the ..... friend' of her husband and only at the end the word 'concubine' has been used.the core question which arises for consideration is as to whether the 'girl friend' would be a 'relative of husband of a woman' in terms of section 498a of the indian penal code.section 498a of the indian penal code reads as under:498a. ..... 'relative of husband of a woman' within the meaning of section 498a of the indian penal code should be given an extended meaning is the question involved herein.3 .....

State of Maharashtra Vs. Jaywant Ramchandra Kamble

Court : Mumbai

Reported in : (1980)82BOMLR100; 1979CriLJ1460; 1980MhLJ67

..... as the acceptance of gratification commonly called accepting the bribes, as contemplated by section 161 of the indian penal code, being the matters of penal law, considerations of mens rea of the accused would necessarily be relevant and in that the bona fide settlement by the accused under some misguided and mistaken beliefs may go to furnish a valid defence to an accused public officials charged with corruption, but like any other matter that is all required to be determined under the background of the facts and circumstances ..... if under the facts and circumstances of a given case such an obligation coupled with duty arises and only a view to forbear from that duty gratifications is offered and taken, we have no manner of doubt that such an acceptance of gratification will be culpable within the meaning of section 161 of the indian penal code as well as section 5(1)(d) read with section 5(2) of the prevention of corruption act. ..... it is only when there is overlapping of private and official doing or fore bearing to do or official is possessed of private option an exceptional defence is made out. .....

Omkar Prasad Verma Vs. State of Madhya Pradesh

Court : Supreme Court of India

Reported in : AIR2007SC1381; (2007)2CALLT62(SC); 2007CriLJ1831; JT2007(4)SC333; RLW2007(4)SC2736; 2007(4)SCALE150; (2007)4SCC323; 2007AIRSCW1728; (2007)2SCC(Cri)293; (2007)2Crimes364(SC); 2007LawHerald(SC)979; 2007(3)KCCR1649(SC).

..... distinction must also be made out between an offence of rape as contained in section 375 of the indian penal code which is punishable under section 376 and an offence of sexual intercourse with a woman in the situations specified in the aforementioned provisions. ..... therefore, are clearly of the opinion that the ingredients of the offence under section 376b of the indian penal code are not satisfied in the instant case.12 ..... by a man with his wife during separation and by any member of the management or staff of a hospital with any woman in that hospital would be the offences falling under sections 376a and 376d of the code.7. ..... prosecutrix was a student, and thus, in that capacity, was in his custody and in that view of the matter he was guilty of commission of an offence under section 376b of the indian penal code and sentenced him to undergo 2 years r.i. ..... the distinction is that whereas under section 376(2), there is no consent at all, under sections 376b, 376c and 376d, there would be consent on the part of the prosecutrix but such consent has been obtained by taking undue advantage of the position as public servant, superintendent or member of the ..... if a student and a teacher fall in love with each other, the same would not mean that the teacher has taken undue advantage of his official ..... with her consent, when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married .....

Yusuf Abdul Aziz Vs. State

Court : Mumbai

Reported in : AIR1951Bom470; (1951)53BOMLR736; ILR1952Bom449

..... who is familiar with the history of the indian penal code will realise that very good grounds were present why section 497 was enacted in the form in which it finds a place in the indian penal code. ..... is charged under section 497 of the indian penal code and he is being prosecuted for that offence. ..... famous and a very brilliant passage in the introduction to the indian penal code where the authors of the code point out why they adopted this particular line in section 497 contrary to principles of law known and understood by the great hindu law-given manu, by principles of law embodied in the mahomedan law and even in many european systems of law, and the reasons given by the authors of the code stand as a permanent tribute to theenlightenment and humane outlook ..... they might also have pointed out that indian society believed in and upheld the system of seclusion of women, that women were deliberately put down, that there was a belief that women were not the equal of men in any walk of life, and that every possible consideration weighed with the authors in taking a liberal enlightened view in favour of women in this country; and therefore they point out that it would be weighing the scale against womenwhich scale was ..... peerbhoy is that under section 497 only a man is to be punished for the offence of adultery and the woman goes scot-free, and, therefore, according to him, the law with regard to adultery does not operate equally upon all persons; it operates unequally as between men .....

Satish S/O Baburao Dudhgaonkar and Others Vs. State of Maharashtra

Court : Mumbai

Reported in : 1998(5)BomCR178

..... 1 of 1992, whereby the present appellants are convicted for the offence punishable under section 304-b and 498-a read with section 34 of the indian penal code and sentenced to suffer rigorous imprisonment for seven years each and further directed to pay fine of rs. ..... where the death of a women is caused by any burns or bodily injury or occurs otherwise than under normal circumstances, within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for or in connection with any demand for dowry, such death shall be called 'dowry death' and such husband or relative shall be deemed to have caused her death. ..... 8 regarding the disclosure by the deceased swati to her on 22-11-1991 in respect of ill-treatment on account of demand of gold ring cannot be brushed aside, which in our opinion, proves that the deceased swati had been subjected to cruelty or harassment in connection with the demand of dowry just before the incident in question hence the presumption under section 113-a of the evidence act is clearly attracted in the instant case as against accused no. 1.22. .....

State Vs. Sanjay Kumar Bhatia

Court : Delhi

Reported in : 1986(10)DRJ31

..... is ironic that section 309 indian penal code still continues to be on our penal code. ..... the reason is that this is a charge sheet for attempting to commit suicide under section 309 indian penal code a young man has allegedly tried to commit suicide presumably because of over ..... the continuance of section 309 indian penal code is an anachronism unworthy of a humane society like ..... wonder so long as society refuses to face this reality its exercise machinery will invoke the provision like 300 indian penal code which has no justification to continue to remain on the statute book. ..... of sending the young boy to psychiatric clinic it gleefully sends him to mingle with criminals, as if trying its best to see that in future he does fall foul of the punitive sections of the penal code. ..... instead of the society hanging its head in shame that there should be such social strains that a young man (the hope of tomorrow, should be driven to suicide compounds its inadequacy by treating the boy as a ..... many penal offences are the off-shoots of an unjust society and socially decadent outlook of love between young people being frustrated by false consideration of caste, community or social ..... the result is that a young boy driven to such frustration so as to seek one's own life would have escaped human punishment if he had succeeded but is to be bounded by the police, because attempt has ..... though we held that the view of law taken by the magistrate is erroneous we do not intend sending back this matter for .....

Hazari Lal Vs. State (Delhi Administration)

Court : Supreme Court of India

Reported in : AIR1980SC873; 1980CriLJ564; (1980)2SCC390; [1980]2SCR1053

..... of the investigation a charge-sheet was laid against the accused being for offences under section 5(2) read with section 5(1)(d) of the prevention of corruption act and section 161 of the indian penal code.3. ..... hazari lal was convicted by the learned special judge, delhi, of offences under section 5(2) read with section 5(1)(d) of the prevention of corruption act, 1947, and section 161 of the indian penal code. ..... counsel for the delhi administration amazed us by advancing the argument that the earlier statements with which witnesses were confronted for the purpose of contradiction could be taken into consideration by the court in view of the definition of 'proved' in section 3 of the evidence act which is, 'a fact is said to be proved when, after considering the matters before it, the court either believes it to exist or considers its existence so probable that a prudent man, ought, in the circumstances of the ..... the illustrations to section 114 of the evidence act is that the court may presume that a person who is in possession of the stolen goods soon after the theft, is either the thief or has received the goods knowing them to be stolen, unless he can account for his possession. ..... stated in his evidence that on the first occasion when he went to the police station to obtain delivery of his scooter rickshaw it was not the accused that was present but one ..... orders from the magistrate for the release of his vehicle and went to the police station to obtain delivery of the vehicle. .....

Gopal Krishan Saran and Etc. Vs. the State of Bihar and ors.

Court : Patna

..... it is true that the case was registered on a wrong notion and wrong section of the indian penal code by the regular police agency as it was registered under section 161/120b of the indian penal code read with section 5(2) of the prevention of corruption ..... it is stated that the abetment as contemplated under section 12 of the prevention of corruption act related to the offence of abetment as contemplated under section 109 of the indian penal code and as per the statutory illustrations and examples being given, under section 109 of the indian penal code, it is submitted that when no offence of bribery is concluded, there remains no scope of charge of ..... state of maharashtra) wherein the apex court has granted acquittal to an accused under section 161 read with section 165a of the indian penal code and also under section 5(1)(d) and (2) of the prevention of corruption act. ..... 3 under section 161/120b of the indian penal code read with section 5(2) of the prevention of corruption act, 1947.thereafter the same was sent to the chief judicial magistrate, chaibasa with an application for issuance of non-bailable warrant of arrest as well as attachment and proclamation under section 82/83 of the code of criminal ..... other constable who had been trapped for receiving the bribe money, had been acquitted by the apex court on the plea that nothing could be related in evidence as to the money found in possession of the convicted constable, was towards the bribe to be paid to the other constable. .....

Sona Devi and ors. Vs. State of Bihar

Court : Patna

..... appellants suffered conviction under sections 304b/34, 498a and 201 of the indian penal code as well as under section 4 of the dowry prohibition act and have been sentenced to undergo rigorous imprisonment for life under sections 304-15/34 of the indian penal code, ri for one year each under sections 498a and 201 of the indian penal code and ri for six months under section 4 of the dowry prohibition act with a rider that the sentence shall run concurrently.2. ..... it is urged with stress that to bring the case within the ambit of section 304b of the indian penal code, the prosecution was not merely obliged to lead satisfactory evidence about unnatural death of the deceased in matrimonial home but it must be shown that the death of a woman had been caused by bum or bodily injury as death occurred otherwise, than under normal circumstances within seven years of her marriage and it is to be also shown that soon before her death she was subjected to cruelty ..... it is needless to say that to invoke penal provisions of section 304b of the indian penal code it is quite incumbent upon the prosecution to establish that there was proximity or nexus between torture inflicted on the deceased and her death for dowry related demand. .....