Court : Chennai
Reported in : 2009CriLJ1512
..... (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.sub-clause (2) directs that all offences under any other law shall be investigated, inquired into, tried and otherwise dealt with according to the same provisions (meaning provisions of the code of criminal procedure) subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring ..... filing of the present criminal original petition can be stated thus:a) the respondent herein preferred a private complaint against the petitioner herein alleging that the petitioner had committed offences punishable under sections 464, 466 and 471 of the indian penal code and an offence under the supposed section 3(1)(viii)(ix)(x) of the scheduled caste and schedule tribe (prevention of atrocities) act, 1989. ..... district within the limits of karumalaikoodal police station had been purchased by the mother of the respondent herein (complainant) in and by a sale deed dated 05.05.1959 and there after she was in possession and enjoyment of the same till she gave it to the respondent/complainant under a registered gift settlement deed dated 09.05.2003. ..... offence under section 466, there is lack of averment regarding the date on which the false entries were made in the records or the date on which the fact that such false entries had been made by the petitioner came to the knowledge of the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1955Bom451; (1955)57BOMLR868
..... therefore, with respect, we are unable to agree with the view taken by the punjab high court either that section 26, general clauses act has no application or that act 2 of 1947 has repealed 'pro tanto' the provisions of the indian penal code.9. ..... same acts for two different offences, one requiring a sanction and the other not requiring a sanction, and it is on those facts that both our high court in -- 15 bom lr 574, and the supreme court laid down the salutary principle that it was not open to the prosecution at its own option to proceed under a particular section under the indian penal code which did not require a sanction when the facts disclosed would constitute an offence -under a different ..... we have already referred to what those important procedural changes are, and the contention is that the principle is well settled that when a subsequent legislation alters the procedure with regard to the prosecution of an offence or alters the punishment, the court must presume that the legislature intended to repeal the earlier statute.7. ..... in the case before us the offence was committed prior to the coming into force of the second amendment and the complaint was also filed on 18-8-1951, which was prior to the coining into force of section 5 (4), and the question that arises is whether in the absence of section 5 (4) the position in law is different from what we laid down in the full bench decision.4. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1993(0)MPLJ712
..... the additional sessions judge-by the impugned order had therefore rightly interfered with that order by setting it aside and directing further inquiry, although the additional 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. ..... there appears to be no ground to interfere with the impugned order of learned additional session judge, dated 1-10-1990, except that the direction contained therein given to the chief judicial magistrate with regard to offence under section 498a, indian penal code, is set aside. ..... , 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. ..... he too admitted that he got hearsay knowledge that the petitioner had contracted a second marriage with accused sudha jain. ..... she had however only hearsay knowledge about alleged second marriage between the petitioner and accused sudha jain. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1992(0)MPLJ793
..... for the offence of 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. ..... gulam meer, air 1956 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. ..... all considered i am of the view that the appellant's conviction under section 307 of the indian penal code is clearly not sustainable on the material on record. ..... section 279 of the indian penal code deals with rash or negligent driving and section 338 ibid deals with rash or negligent act. ..... on a careful consideration of the prosecution evidence coupled with that of admission by the appellant that there was collision i hold that the appellant's bus had dashed against the cycle which kishan rao was riding. ..... on the question of sentence, the contention of the appellant's learned counsel is that as the occurrence is an old one, and the appellant already has had a taste of jail life in connection with the crime, it is not in the interest of justice that he should be sent back to prison. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1958SC1032; 1958CriLJ1565; [1959]1SCR1211
..... the petition of complaint also alleged that the said act of breaking the image of god ganesa was done with the intention of insulting the religious feelings of certain sections of the hindu community, who hold god ganesa in veneration, and that the acts complained of, amounted to offence under sections 295 and 295a of the indian penal code. ..... the learned sessions judge dismissed the petition by an order dated january 12, 1954, holding in agreement with the learned magistrate, that the acts complained of did not amount to an offence under section 295, indian penal code. ..... the particular image broken was the private property of the accused and was not in itself an object held sacred by any class of persons; not do i think that idol breaking by a non believer can reasonably be regarded by a believer as an insult to his religion; and the ingredients of section 295, indian penal code, are therefore not made out.' 4. ..... in the first place, whether any object is held sacred by any class of persons, must depend upon the evidence in the case, so also the effect of the words 'with the intention of thereby insulting the religion of any class of persons or with the knowledge that any class of persons is likely to consider such, destruction, damage or defilement as an insult to their religion'. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1983SC855; 1983CriLJ1345; 1983(1)SCALE425; (1983)2SCC454; [1983]2SCR770
..... further, on the aspect of the nature of the punishment counsel contended that having regard to the insertion of a new section, section 53-a in the indian penal code by the amending act 26 of 1955, which is in the nature of an interpretation clause it would be clear that parliament intended that a sentence of 'imprisonment for life' should be equivalent to rigorous ..... petitioner, made a brave attempt, of course in all humility to submit that the provisions of law referred to by the privy council for basing its aforesaid conclusion do not warrant the said conclusion and with a view to canvas his submission he elaborately dealt with and took us through the various provisions of the penal code, criminal procedure code and the prisoners act. ..... according to counsel though persons who commit the offence of murder have been made liable to the newly substituted punishment of 'imprisonment for life' instead of the earlier sentence of 'transportation for life' under section 302 i.p.c, read with 'secondly' of section 53 i.p.c, this new sentence of 'imprisonment for life' (either awarded originally by the sessions court or by way of commutation of death sentence by the appellate court or the appropriate government or authority) has not been made legally ..... which in our view clinches the matter beyond any doubt, because sub-section (2) read with sub-section (1) thereof affords a clear indication by necessary implication that a sentence of 'imprisonment for life' must be regarded as equivalent to ' .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2009(10)SC554; 2009(11)SCALE217; (2009)8SCC1; [2009]96SCL403(SC); 2009AIRSCW5709
..... the transactions having been entered into bona fide by the officials of the bank and with the accused in order to earn profit for the bank and in that view of the matter, the prosecution cannot be said to have proved any dishonest intention on their part as envisaged under section 24 of the indian penal code.vi. ..... the purported circular letter dated 5.9.1988 not being law within the meaning of section 405 of the indian penal code read with section 43 thereof, the prosecution of the appellants ex facie was illegal and without jurisdiction. ..... . if it has been able to prove the ingredients of section 405 of the indian penal code that the transaction had been carried out for the purpose of disposing of the property belonging to the bank or having used dishonestly and/or in violation of the direction of law, the prosecution must succeed ..... 4 and 5 (hereinafter referred to as, 'the private accused') were found guilty of commission of offences only under section 120b of the indian penal code being related to and otherwise connected with the activities of the original accused no. 3. ..... in any event, the reserve bank of india's directions being confined to rediscounting and uco bank having knowledge thereof entered into the transaction for discounting, the said circular was not applicable to the case at hand. ..... payment towards purchase of shares was made by uco bank before delivery thereof. .....
Tag this Judgment!Court : Delhi
Reported in : 1994IVAD(Delhi)878; 1995CriLJ1877; 1994(3)Crimes1037; 56(1994)DLT253; 1994(31)DRJ262; ILR1995Delhi52
..... keeping in view all these facts and circumstances, it is ordered that in the event of arrest of the petitioner in relation to the case under section 302 indian penal code in which he has been summoned by the learned metropolitan magistrate vide order dated 24th january, 1994, he will be released on bail, subject to his furnishing a personal bond in the sum of rs. ..... applicable considerations are : (i) nature and gravity of the offence, the manner of its execution and the circumstances in which it is committed; (ii) chances of the accused fleeing from justice; (iii) chances of tampering with evidence and influencing witnesses by the accused if released on bail; (iv) social aspiration that persons accused of commission of heinous crimes should not remain at large and to maintain faith and confidence of the public in the judicial system; (v) the likelihood of the accused charged ..... jeet chaudhary filed a complaint on 7th november, 1992 alleging that the petitioner along with certain other persons named in the complaint had committed murder of her husband. ..... the hand got shaken as a result of which the deceased hit himself with his own bullet at his right temple which resulted in his death. 5. ..... the widow also made a grievance that in connivance with the petitioner, the local police had not properly investigated the case. ..... question is how an accused should be dealt with at the trial stage any incarceration at the trial stage also brings about penal consequences to the detenu. .....
Tag this Judgment!Court : Gujarat
Reported in : (1965)GLR958; (1970)ILLJ417Guj
..... indian penal code require that the officer concerned must in fact be in a position to do or forbear to do the official act which he promised or threatened or to show the promised favour or disfavour the learned assistant government pleader argues that ..... that the act was under colour of duty imposed by the provisions of the bombay police act and also by the provisions of the indian penal code and criminal procedure code. ..... indian penal code and it would be for the accused to rebut that presumption ..... 218 of the indian penal code was alleged to have been committed by the appellant were done by him under colour of in duty laid down on him by the ..... this would exclude the case in which money is accepted, for example, in a private capacity or for doing something which is entirely unconnected with the official duties of the taker, we do not think that there is anything in the section which requires the state to prove that the act which was committed was within the power of the public servant concerned. ..... the police officer at that police station that police officer had shown him the post-card in his possession and given him for ..... his presence at the police station at the time of the incident in question but denies having any knowledge of what happened. ..... 250 promising to destroy the post-card or tear it off if the agreed payment was made, and threatened that if it was not made, he (ramanlal) would be discharged from service and also from his studies in college or get dismissed and further that he .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1969Guj337; 1969CriLJ1498; (1969)GLR1000
..... since the charge, as i said above, was one under section 324 of the indian penal code and that way compoundable with the permission of the court, there was nothing wrong with granting permission on the grounds stated in the order.4. ..... the charge against the accused-respondent as it stood then was one under section 324 of the indian penal code and that offence was compoundable with the permission of the court with the person to whom the hurt was caused. ..... papers, on the basis of which the learned magistrate chose to frame the charge against the accused, disclosed an offence as one of grievous hurt contemplated under section 320 clause (8) of the indian penal code and that, at any rate, it was the duty of the learned magistrate to have the evidence of the medical officer recorded in that regard before granting the permission sought for the settlement between the accused and the injured person in respect of the offence under ..... 11 given by the learned police prosecutor for examining the medical officer so as to show to the court that the charge that would stand against him would be one under section 326 of the indian penal code and that since that offence was not compoundable, the application for composition of the offence should be rejected. ..... he has then stated that the offence under section 324 of the indian penal code was compoundable with permission of the court and as per the reasons stated below ex. .....
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