Judgment Search Results Home > Cases Phrase: indian penal code 45 of 1860 section 294a keeping lottery office Page 1 of about 8 results (0.127 seconds)

M/S. B.R. Enterprises Vs. State of U.P. and ors.

Court : Supreme Court of India

Reported in : AIR1999SC1867; JT1999(3)SC431; 1999(3)SCALE171; [1999]2SCR1111

..... upon the government of india act, 1935 the adoption of laws order 1937 has included in section 294a of the indian penal code, 1860 an exception to the offence of keeping a lottery office by excluding from the scope thereof 'any lottery not being a state lottery. ..... entry 40, list i while other lotteries fall under entry 34, list ii. ..... the state lotteries are not penal offence, which has been understood and recognised so since 1870 when section 294a, ipc was brought into the indian penal code, 1860, this distinction has also been recognised even in the government of india act, 1935 where the state lotteries have been separately place under entry 48, list i but other form of lotteries were placed under entry 34, list ii, and the same continues even in our constitution when state lotteries fall under ..... also referred to the amendment brought in the indian penal code through act 27 of 1870 (section 10) by introducing section 294a. ..... is why, what is excluded from the penal consequences under section 294a, ipc is the lotteries authorised by the state not merely lotteries organised by the state. .....

B.R. Enterprises Vs. State of U.P. and ors.

Court : Supreme Court of India

Reported in : (2000)1GLR242; (1999)9SCC700; [2000]120STC302(SC)

..... consequent upon the government of india act, 1935 the adoption of laws order, 1937 has included in section 294a of the indian penal code, 1860 an exception to the offence of keeping a lottery office by excluding from the scope thereof 'any lottery not being a state lottery'. ..... he also referred to the amendment brought in the indian penal code through act 27 of 1870 (section 10) by introducing section 294a. ..... was brought into the indian penal code, 1860. ..... the state lotteries are not penal offence, which has been understood and recognised so since 1870 when section 294a, i.p.c. ..... nuisances and against law'; (2) and it is hereby enacted, that from and after the day aforesaid, no person shall, in the said territories, publicly or privately, keep an office or place for the purpose of drawing any lottery not authorised by government, or shall have any such lottery drawn, or shall knowingly suffer any such lottery to be drawn in his or her house; and any person so offending shall for every such offence, upon conviction, before a justice of the peace, or magistrate ..... . the state lotteries or state authorised lotteries have been excluded from the purview of section 294a, i.p.c ..... not only, because the two types of lotteries find place in two different lists of the seventh schedule of our constitution, but it is also distinguished out as a crime under section 294a, i.p.c. ..... running of lotteries, unless authorised by the state, is an offence under section 294a, i.p.c. .....

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 ..... (i) whether resort to the provisions of indian penal code, 1860 for prosecuting and convicting persons for committing offences of road traffic accidents is ..... 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 ..... 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 ..... suspension of driving licence in certain cases:(1) where, in relation to a person who had been previously convicted of an offence punishable under section 184, a case is registered by a police officer on the allegation that such person has, by such dangerous driving as is referred to in the said section 184, of any class or description of motor vehicle caused the death of, or grievous hurt to, one or more persons, the driving licence held by such person shall in relation to such class or description of motor ..... contention, the learned counsel submitted that keeping provisions like suspension/cancellation/disqualification etc ..... impound' means to keep in custody of .....

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

Court : Kolkata

Reported in : (2002)3CALLT208(HC)

..... , reported in : 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. ..... dassi, : [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. ..... 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. ..... therefore, in any opinion, words and phrases used in section 25 of the hindu succession act will have to be construed and interpreted harmoniously keeping in view the object of the legislation, and not in technical sense as defined in ipc.13. .....

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

Court : Andhra Pradesh

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

..... 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 ..... different from that of an offence under indian penal code or any penal statutes, as the case may be. ..... 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. ..... been drawn between ordinary courts of law and tribunals and authorities exercising judicial functions on the ground that a judge is trained to look at things objectively uninfluenced by considerations of policy or expediency whereas an executive officer generally looks at things from the standpoint of policy and expediency.reasons, when recorded by an administrative authority in an order passed by it while exercising quasi-judicial functions, would no doubt facilitate the exercise of its ..... sri g.ramachandra rao, learned standing counsel for the respondents, would, however, contend that where the reviewing authority agrees with the conclusions of the enquiry officer, the disciplinary authority and the appellate authority, no separate reasons need be assigned and that the reasons recorded in the order of the disciplinary authority and the appellate authority ..... suryapet, under sections 457 and 381 .....

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 ..... 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 ..... 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. ..... to suffer rigorous imprisonment for one year for commission of offence under section 201/34 of the indian penal code. ..... 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 ..... 5 working in an office situated in the concerned building deposed that he did not get any foul smell before he actually went to the 2nd floor room on 9th january, 2001 after the matter ..... to the police station and the panchayat office. .....

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 performed. ..... the fact of her admission in the hospital was reported to station officer, police station, bedhan, by assistant surgeon, c.h.c. .....

Sibbu Munnilal Vs. State of Madhya Pradesh

Court : Madhya Pradesh

Reported in : AIR1968MP97; 1968CriLJ631

..... ) 4 nag lr 180 quoted above, it is clear 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 of transportation or imprisonment is prescribed but in addition ..... judge, however, feels that there is a conflict between the decisions of this court, 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 for life'. ..... in india it is still part of the 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 settlement outside india. ..... keeping this scheme in view. .....

Francisco Colaco Vs. State of Goa

Court : Mumbai Goa

..... of the applicant for the offences punishable under section 292 of indian penal code and section 7 of cinematography act, is quashed and set ..... for the offence punishable under section 292 of indian penal code, present petitioner/accused was convicted and sentenced to suffer simple imprisonment for two months and directed to pay fine of rs.2,000/-, in default to undergo ..... apparently accused had mentioned that whatever contained in the cd seized by the prosecution is accepted to him, still it is his categoric defence that there was nothing obscene or objectionable in the said cd, so as to attract section 292 of indian penal code and section 7 of cinematography act. ..... application preferred by the petitioner/original accused challenging his conviction in criminal case no.148/s/2004/d passed by judicial magistrate, first class, d-court, margao for the offences punishable under sections 292 of indian penal code and section 7 of cinematography act. ..... this court the trial court had in fact not appreciated this material and accepted the word by the police officer and the panchas and also one viewer pw3 when they mentioned that the contents of the said cd were ..... arguments advanced on behalf of the applicant, the case of the prosecution can be narrated in nutshell as under: on 14/07/2003, on prior intimation, the raid was conducted by the police officers along with the pancha witness at one video parlour. ..... pw4 is the investigating officer, who had recorded the statement of the witnesses and filed .....

Smt. Jancy Nelson D'soza, Vs. Mr. Nelson D'Souza and

Court : Mumbai

Reported in : 2004CriLJ1690

..... therefore, when a complaint in respect of offences punishable under provisions of sections of indian penal code has been presented before the court, the court is bound to make a scrutiny of the material which has been placed before it for the purpose of finding out whether any prima facie case has been ..... when that was so there was absolutely no offence indicated against the accused under sections 147 and 148 of indian penal code. 10. ..... 1, 3, 4 and 5 had formed an unlawful assembly as contemplated by section 141 of indian penal code. ..... submission of shri joshi that the learned magistrate should have noticed this aspect of the case and should not have issued the process against the applicants in respect of the offence punishable under provisions of section 147, 148, 323 of indian penal code. ..... 1 alleging commission of the offence punishable under section 498a of indian penal code. ..... 148 of 1995, as well as summons issued in that context for the offences punishable under provisions of sections 147, 148, 149, 323 of indian penal code. ..... he should make application to that court for making his presence in respect of said case and he is at liberty to pray for exemption as indicated by provisions of section 205 of criminal procedure code, 1973, keeping in view the old age of applicant no. 2. ..... 1, he said that he would not keep him alive. ..... keeping aside that portion of the allegations, no case has been made out in the said complaint, even prima facie that applicant no. .....