Court : SEBI Securities and Exchange Board of India or Securities Appellate Tribunal SAT
..... in this context he referred to section 80 of the indian penal code, 1860 in support which states "nothing is an offence which is done by accident or misfortune, and without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution" and submitted that the excess sale inadvertently made by the appellant ..... was appointed on june 18, 2001 to enquire into the affairs of the appellant in its dealings in the scrip of arbl and the possible violations of the rules, bye laws and regulations of bse, provisions of the securities and exchange board of india (prohibition of fraudulent and unfair trade practices relating to securities market) regulations, 1995 (the 1995 ..... it is however, essential in english law that the duty should be established: the mere fact that a man is injured by another's act gives in itself no cause of action: if the act is deliberate, the party injured will have no claim in law even though the injury is intentional, so long as the other party is merely exercising a legal right: if the act involves lack of due care, again no case of actionable ..... therefore, under the provisions conferred upon me under section 4(3) of sebi act, 1992 and under regulation 29(3), sebi (stock-broker and sub ..... the common law library volume 6, shri desai submitted that, the matter involved in the present case is not in the realm of tort or under the general law of negligence, but under the realm of the sebi act and hence .....
Tag this Judgment!Court : SEBI Securities and Exchange Board of India or Securities Appellate Tribunal SAT
..... also a purely technical one and that none of the scrips or even the transactions were involved in price manipulation, nor they were alleged to be so.8.0 the fii has contended that no penalty can be levied for bonafide acts for the following reasons: 8.1 section 80 of the indian penal code 1860 states "nothing is an offence which is done by accident or misfortune and without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution. ..... suspension of registration for a period of 3 months, though falling under the category of minor penalty, appears to be harsher than warranted.13.0 i, therefore, in exercise of the powers conferred on me as whole time member under section 19 of sebi act, 1992 read with regulation 21 of sebi (foreign institutional investors) regulations, 1995 and regulation 13(4) of sebi (procedure for holding enquiry by enquiry officer and imposition of penalty) regulations 2002, hereby warn m/s .taib bank e.c. ..... 8.3 the only allegation was that these acts were against the provisions of law merely because they are against the provisions of law, punishment ought to be levied.9.0 without prejudice to the submission that there was no violation of law, fii submitted that it is now well settled that a mere violation of law does not automatically mean that penalty can be levied. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC1966; 2004(1)ALD(Cri)1020; 2004CriLJ1778; JT2004(3)SC211; 2004(3)SCALE78; (2005)9SCC71; 2004(2)LC861(SC)
..... were charged for commission of offences punishable under sections 302, 201 read with section 34 of the indian penal code, 1860 (in short the 'ipc'). ..... section 80 protects an act done by accident or misfortunate and without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means and with proper care and ..... the following comparative table will be helpful in appreciating the points of distinction between the two offences.section 299 section 300 a person commits culpable homicide subject to certain exceptions if the act by which the death is culpable homicide is murdercaused is done- if the act by which the death is caused is done- intention(a) with the intention of causing (1) with the intention ofdeath; or causing death; or(b) with the intention of causing (2) with the intention ofsuch bodily injury as is likely ..... carves out a specific offence where death is caused by doing a rash or negligent act and that act does not amount to culpable homicide under section 299 of murder in section 300 ipc. ..... was discovered on the basis of the discovery statement in terms of section 27 of the indian evidence act, 1872 (in short the 'evidence act') which is also relevant. ..... when the intent or knowledge is the direct motivating force of the act, section 304a ipc has to make room for the graver and more serious charge of culpable ..... doing an act with the intent to kill a person or knowledge that doing an act was likely to cause a persons' death is culpable .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1962SC605; (1962)64BOMLR488; [1962]Supp1SCR567
..... 300 of the indian penal code; the prosecution has to prove the ingredients of murder, and one of the ingredients of that offence is that the accused intentionally shot the deceased; the accused pleads that he shot at the deceased by accident without any intention or knowledge in the doing of a lawful act in a lawful manner by lawful means with proper care and caution; the accused against whom a presumption is drawn under s. ..... 80 of the indian penal code, and also failed to direct them that in law the said section was not applicable to the facts of the case. ..... in that case, the appellants were charged under sections 435 and 436 of the indian penal code and were tried by a jury, who returned a majority verdict of 'guilty'. ..... (2) the special burden may not touch the ingredients of the offence, but only the protection given on the assumption of the proof of the said ingredients : (see sections 77, 78, 79, 81 and 88 of the indian penal code). ..... section 105 : 'when a person is accused of any offence, the burden of proving the existence of circumstances bringing the case within any of the general exceptions in the indian penal code (xlv of 1860) or within any special exception or proviso contained in any other part of the same code, or in any law defining the offence, is upon him, and the court shall presume the absence of such circumstances. '38. .....
Tag this Judgment!Court : Delhi
..... the challenge in this appeal is to the judgment dated 26.09.2011 and order on sentence 27.09.2011 by which the appellant was convicted under sections 307 of indian penal code 1860 (ipc) and was sentenced to undergo rigorous imprisonment for a period of ten years and fine of rs.25,000/- and in default of payment of fine, further six (6) months simple imprisonment. ..... reliance was placed on section 80 of ipc which reads as under:section 80 of ipc nothing is an offence which is done by accident or misfortune, and without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution. ..... death; or that it was done with the intention of causing bodily injury as; (a) the accused knew to be likely to cause death; or (b)was sufficient in the ordinary course of nature to cause death, or that the accused attempted to cause death by doing an act know to him to be so imminently dangerous that it must in all probability (a) death, or (b) such bodily injury as is likely to cause death, the accused having no excuse for incurring the risk of causing such death or injury. 54. ..... if in doing his official duty, he acted in excess of his duty, but there is a reasonable connection between the act and the performance of the official duty, the excess will not be a sufficient ground to deprive the public servant from the protection. .....
Tag this Judgment!Court : Delhi
..... the challenge in this appeal is to the judgment dated 26.09.2011 and order on sentence 27.09.2011 by which the appellant was convicted under sections 307 of indian penal code 1860 (ipc) and was sentenced to undergo rigorous imprisonment for a period of ten years and fine of rs.25,000/- and in default of payment of fine, further six (6) months simple imprisonment. ..... reliance was placed on section 80 of ipc which reads as under:section 80 of ipc nothing is an offence which is done by accident or misfortune, and without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution. ..... death; or that it was done with the intention of causing bodily injury as; (a) the accused knew to be likely to cause death; or (b)was sufficient in the ordinary course of nature to cause death, or that the accused attempted to cause death by doing an act know to him to be so imminently dangerous that it must in all probability (a) death, or (b) such bodily injury as is likely to cause death, the accused having no excuse for incurring the risk of causing such death or injury. 54. ..... if in doing his official duty, he acted in excess of his duty, but there is a reasonable connection between the act and the performance of the official duty, the excess will not be a sufficient ground to deprive the public servant from the protection. .....
Tag this Judgment!Court : Delhi
..... sections 269 and 270 of the indian penal code, 1860, a person can be punished for negligent act ..... . in this regard reference can be made to the legislation on the subject from other jurisdictions, some of which are as follows:- (i) the family law act, 1975 - sections 69w and 69x in australia (ii) the uniform child status act, 1992 - sections 7 and 8 in canada section 7(1) provides that on the application of a party to a proceeding the court may, give the party leave to obtain blood tests of person named by ..... justice delivery system : issues relating to dna finger printing, intellectual property rights and ethical, legal, social implications" held by the centre for dnda fingerprinting and diagnostics, hyderabad and nalsar university of law, hyderabad between 3rd to 5th october, 2003, after detailed analysis on dna parentage testing my learned brother has observed as follows :- [13.1] parentage testing refers to testing done to confirm or deny biological parentage of ..... of criminal law jurisdiction :- "it is true that section 53 refers only to examination on the request of a police officer, but if such a power is given to a police officer, the court should have a wider power for the purposes of doing justice in ..... due process means at least that law- enforcement officers in their efforts to obtain evidence from persons suspected of crime must stop short of bruising the body, breaking skin, puncturing tissue or extracting body fluids, whether they contemplate doing it by force or by stealth. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2011(4)KLT142(SN); 2011(10)SCC696; 2012(1)CTC184; 2012(1)SCC(Cri)93; AIR2012SCW536; 2012CriLJ1060
..... - (1) no court shall take cognizance - xxx xxx xxx xxx xxx xxx (b)(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 to 211 (both inclusive) and 228, when such offence is alleged to have been committed in, or in relation to, any proceeding in any court, or xxx xxx xxx xxx xxx xxx 7. ..... the respondent shall also have the liberty to proceed with the complaint in so far as the same relates to commission of the offence punishable under section 500 of the ipc depending upon whether there is any room for doing so in the light of the findings which the court may record at the conclusion of the trial against the respondent. 17. ..... for the reasons stated, i hold that the complaint against trivedi is in respect of an offence alleged to have been committed in relation to a proceeding in court and that in taking cognizance of it the sdjm acted in contravention of the bar contained in the said clause (b), as there was no complaint in writing either of the sdjm or of a superior court. ..... that the respondent filed a complaint alleging that the appellants had instituted criminal proceedings against him without any basis and falsely charged him with commission of offences knowing that there was no just or lawful ground for such proceedings or charge and thereby committed offences punishable under sections 211 and 500 read with sections 109, 114 and 34 ipc. 4. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1988Mad275
..... 505 of the indian penal code (45 of 1860) or under the protection of civil rights act, 1955 (22 of ..... it is implicit in the adoption of a written constitution,, which is given by the people of india to themselves, that as long as the constitution, with represents the will of the people and is the supreme- law of the land is in force, it is an imperative obligation of every citizen of the indian republic, including those who want to voice their dissent in respect of any particular provision, to abide by the provisions of the constitution and notwithstanding their dissent in respect of some provisions, they are ..... expressing disapprobation or criticism of the constitution or of the indian national flag or of any measures of the government with a view to obtain an amendment of the constitution of india or an alteration of the indian national flag by lawful, means do not constitute an offence under this section. ..... is a want of adherence to some prescribed rule or mode of proceeding, and consists in omitting to do something that is necessary for the due and orderly conducting of a suit, or doing it in an unreasonable time or improper manner 'illegality' on the other hand. ..... suggest that the article has adopted the only possible way of doing it and there is no other alternative way open to ..... the constitution or the national flag or doing any act specified in s. ..... and even otherwise, it is obvious that burning or defiling the constitution or the national flag or doing any act specified in s. .....
Tag this Judgment!Court : Supreme Court of India
..... or proceeding as aforesaid shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the indian penal code, 1860 (45of 1860). ..... section 56 - offences and prosecutions (1)without prejudice to any award of penalty by the adjudicating officer under this act, if any person contravenes any of the provisions of this act [other than section 13, clause (a) of sub-section(1) of (section 18, section 18a), clause (a) of sub-section (1) of section 19, sub-section(2) of section 44 and section ..... for the punishment notwithstanding the fact that the presence of the appellant was required by the adjudicating officer in connection with an enquiry into certain alleged violations of the various provisions of the act, but at a subsequent stage the adjudicating officer opined that there was either insufficient or no material to proceed against the appellant for the alleged violations of the ..... that the accused has been intentionally avoiding his appearance before the enforcement directorate knowing fully well that non compliance of the directions made under section 40 of the act renders the person liable for prosecution in a court of law under section 56 of the act which is a non-bailable offence. ..... the act having been enacted in the interest of national economy, the provisions thereof should be construed so as to make it workable and the interpretation given should be purposive and the provisions should receive a fair construction without doing any violence to the language .....
Tag this Judgment!