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. ..... in an identical fact situation when the point came up for adjudication before the single bench of punjab & haryana high court namely the point as to whether previous decision of the criminal court holding a person guilty under section 304 of indian penal code, single bench of punjab & haryana high court in the case mst biro and anr. v. ..... in that case there was no conviction on charge under section 302 of the indian penal code that is charge of murder but a conviction under section 324 being a charge of grievous hurt. .....
Tag this Judgment!Court : Kolkata
Reported in : (2004)2CALLT370(HC)
..... further it has been contended on behalf of the petitioner that primary and basic ingredient of the offence under section 420 and section 471 of the indian penal code has not been made out against the petitioner as it will be evident from the reading of the petition of complaint itself inasmuch as paragraphs 5 and 6 of the petition of complaint disclose the false and fraudulent representations ..... learned magistrate was clearly in error in finding that a prima facie case has been made out against the petitioner and therefore issuance of summons to the petitioner to appear and answer charges under section 420/471 of the indian penal code by the learned magistrate should clearly be regarded as an abuse of the process of law.16. ..... according to the petitioner, the allegations made in the complaint do not make out any ingredient of the offences punishable under sections 420/471 of the indian penal code against the petitioner and since the petitioner had resigned as a director of m/s. ..... though the petition of complaint alleged charges under section 120b of the indian penal code, the learned magistrate while issuing summons, did not find any materials either from the petition of complaint or from the statement of the complaint recorded under solemn affirmation to justify any charge of ..... before the learned cmm, calcutta wherein commission of offence by the petitioner and others punishable under sections 420, 423, 463, 464, 465, 467, 468, 470, 471 and 474 of the indian penal code was alleged.3. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1968Cal407,72CWN440
..... the respondent-workers nor tht state government had claimed that 'gherao was protected under section 17 or section 18 of the trade union act, 1926, and therefore it was not necessary to consider if 'gherao was justified under either of the two sections but even if such immunity was claimed it was argued, the provisions in section 17 would afford no protection as offences under the indian penal code had been committed and no action had been taken by the police in spite of information ..... . the learned advocate general himself has very fairly pointed out that criminal law amendment act of 1932 in section 7 has made violence resorted to in a strike a specific offence under that section punishable with substantive imprisonment irrespective of it being any particular offence under the indian penal code or not, in the areas where that special law has been made applicable any violence in a strike is an offence ..... . there is a further liability to fine where there is a concerted intention to commit an offence, it amounts to criminal conspiracy under section 120a of the indian penal code and is not saved by section 17 of the trade unions act 1926(20) where other offences are committed they are punishable with various terms of imprisonment and fine or with both .....
Tag this Judgment!Court : Kolkata
Reported in : 2009CriLJ1423
..... - no court shall take cognizance of an offence punishable under section 498a of the indian penal code (45 of 1860) except constitute such offence or upon a complaint made by the person aggrieved by the offence or by her father, mother, brother, sister or by her father's or mothers brother or sister or, with the leave of the court, by any other person ..... when the law has given a restrictive meaning to indicate which category of persons can fall within the class of offenders in connection with the charge under section 498a of the indian penal code, then it is not open to the court to enlarge the class to any other category of persons, save and except, the persons who are relations or relatives of the husband either by way of blood, marriage or adoption.24. ..... ' clearly indicates that for the purpose of offence under section 498a of the indian penal code, a restricted meaning of offender is given by the legislature and a person who can be arrayed as accused in connection with the charge under section 498a of the indian penal code must either be husband or the relatives of the husband of an woman.11. ..... state of maharashtra reported in : 2007(5)mhlj425 , wherein in connection with the case under section 498a of the indian penal code, the learned single judge of the bombay high court held that the word 'relative' within the meaning of 498a of the indian penal code relates to a person who is related by blood or marriage.8. .....
Tag this Judgment!Court : Kolkata
Reported in : (2004)2CALLT389(HC)
..... the crown reported in 6 cwn 382 wherein it has been held that to justify a conviction under section 467 of the indian penal code it must be shown that the document is a false document within the meaning of section 464 of the indian penal code and that it was forged by the accused with some intent as mentioned in section 463 of the indian penal code and it is not sufficient that some possible intent may be inferred from the facts but it is necessary that such intent should be established by ..... particular case into account, it has to be found, therefore, that the document which forms the subject-matter of the charge must be proved to have been made fraudulently or dishonestly with one or other of the intentions mentioned in section 463, indian penal code by the petitioner who made it or executed it, with the intention of causing it to bebelieved that it was made, signed or executed by a person by whom he knows it had not been made, signed or executed.it follows, therefore, that ..... that since there was no finding of the learned trial court or of the learned appellate court on the point of intention to cheat and there was no finding whatsoever on the charge under section 420/34 of the indian penal code framed against the accused, it necessarily implies that the accused petitioner was acquitted of the charge under section 420 read with section 34 of the indian penal code and in that event charge under section 468 read with section 34 of the indian penal code has got no legal basis. .....
Tag this Judgment!Court : Kolkata
Reported in : (2005)2CALLT567(HC)
..... as in our view, the learned trial court granted decree of divorce by the judgment under appeal mainly on the ground that the appellant had lodged the complaints under sections 406 and 498a indian penal code and after noticing that the respondent-husband was arrested by police and had to remain in jail custody for 14 days in connection with the criminal case supposed by the wife, it was concluded that it ..... sanal kumar banerjee, 1999(2) chn 625, division bench considered the contention with respect to a complaint against the husband and in-laws made under section 498a indian penal code a criminal case was started and husband and some members of in-laws were arrested and detained in custody and ultimately the said case ended ..... 1990(1) clj 74, after having noticed that wife initiated a criminal case against husband and other in-laws under sections 323, 342, 506/420/120b indian penal code opined that it is not safe to live with a wife who can make such wild allegations.26. ..... in opposition made by the learned counsel for the appellant is that the complaint under section 498a indian penal code was made by the father of the appellant and not by the appellant herself. ..... the father returned on january 23, 1994 he came to know that the wife was assaulted by the husband and his family members whereupon a complaint was filed by the father of the wife under section 498a and another complaint filed by the wife under section 406 indian penal code with respect to the wedding gifts and ornaments. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1969Cal55,1969CriLJ164
..... solemnised, the mere fact that the petitioner had lived with such a woman with whom some ceremonies of marriage had been performed will not satisfy the essential ingredient to prove the charge under section 494 indian penal code that there was a wife living as obviously such woman cannot claim the status of a legally married wife.15. ..... state of maharashtra, it had been held that it is essential for the purpose of section 17 of the act that the marriage to which section 494 indian penal code applies on account of the provisions of the act should have been celebrated with proper ceremonies and in due form and that merely going through certain ceremonies without the intention that the parties be taken to ..... question, however, arises for consideration if it is necessary to sustain a charge under section 494 indian penal code to prove that the wife who is living is a legally married wife. ..... it is a settled principle of law that in order to attract the penal provision of section 494 indian penal code it must be shown that the subsequent marriage was solemnised upon due performance of the essential ceremonies upon which only a marriage becomes a valid ..... is a rule directed against the order passed by the presidency magistrate, convicting the petitioner under section 494 indian penal code and sentencing him to rigorous imprisonment for three months.2. ..... in that case the husband was charged under section 494 indian penal code as he had married for the second time during the lifetime of his .....
Tag this Judgment!Court : Kolkata
Reported in : 2008CriLJ2142
..... in order to attract section 420 of the indian penal code, which is the penal section for cheating and dishonestly inducing delivery of property, the case must come within the purview of section 415 of the indian penal code.the section is set out below:415. ..... the petitioners are facing trial for commission of offence punishable under section 420/120b of the indian penal code and from the certified copies of the order annexed along with the application, it appears that the case is now pending at a stage for evidence before charge.3. ..... 56/2004, now pending before the court of learned 5th judicial magistrate at barrackpore under section 420/120b of the indian penal code stands quashed. ..... 56/2004 under section 420/120b of indian penal code now pending before the court of learned 5th judicial magistrate at barrackpore.2. ..... the section 415 of the indian penal code consists of two distinct parts, each part dealing one way of cheating. ..... this point is required to be examined in the facts situation of the particular case and also keeping in view about the ingredients to constitute the offence of cheating as provided under section 415 of the indian penal code.17. ..... a bare perusal of the petition of complaint will show that no offence within the four corners of indian penal code is committed in this case by the petitioners. ..... learned advocate for the petitioner submitted that the petition of complaint does not disclose any offence within the four corners of the indian penal code. .....
Tag this Judgment!Court : Kolkata
Reported in : 2005CriLJ3620
..... has drawn my attention to section 24 of the indian penal code which explains the term 'dishonestly' and section 25 of the indian penal code which explains the term ..... basu, on behalf of the petitioner has drawn my attention to the offence of forgery as defined in section 363 of the indian penal code which lays down that, whoever makes any false document or part of a document with intent to cause damage or injury, to the public or to any person, or to support any claim or title, or to cause any person to part with ..... he has laid stress on the expression 'any person' as used in section 24 and section 463 of the indian penal code and urged that such expression is of wide import and since the act complained of has caused wrongful loss to the defendant in the said title suit it cannot be said that the ..... by the petitioner/accused is an act from which the complainant derived benefit by getting an order of injunction which has been extended from time to time and such act can in no way come within penal amplitude of forgery and no prima facie case under sections 463,465,467,469,471 of the indian penal code is made out in the complaint.8. mr. ..... the offence of making a false document is defined in section 464 of the indian penal code which provides inter alia that a person is said to make a false document if he dishonestly or fraudulently signs a document with the intention of causing it to be believed that such document or part of a document was signed by or by the authority of a person .....
Tag this Judgment!Court : Kolkata
Reported in : 1995(1)ALT(Cri)7,(1993)2CALLT299(HC),98CWN396
..... provides that no court shall take cognizance-'(i) of any offence punishable under any of the following sections of the indian penal code (45 of 1860), namely sections 193 to 196 (both inclusive), 199, 200, 205 and 211 (both inclusive) and 228, when such offence ..... authority shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 and for the purposes of section 196 of the indian penal code (45 of 1860) and every income tax authority shall be deemed to be a civil court for the purposes of section 195, but not for the purposes of chapter-xxvi of the code of criminal procedure, 1973 (2 of 1974)'.6. ..... punishable under certain sections of the indian penal code, such as, sections 420, 468, 471 read with section 120b have been included ..... of authority on the part of the police to investigate such offences in view of the specific provisions of the income tax act cannot be circumvented by inclusion of some other ancillary offences under the indian penal code which are only components of or rather only incidental to or instrumental in the commission of the basic offences under the income tax act or which are closely linked up with such offences and which ..... includes several sections of the indian penal code, such as, sections 120b, ..... therewith certain other offences punishable under the indian penal code although the offences under sections 277 and 278 of the income tax act are non-cognizable in view of the section 279a of the said act. ..... section of the indian penal code .....
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