Court : Supreme Court of India
Reported in : 2002(2)ALD(Cri)571; JT2002(Suppl1)SC516; 2002(5)WLN776
..... court against the company and its managing director and directors, alleging commission of offence punishable under section 29(1)(a) of the insecticides act, 1968. by then the shelf-life of the insecticides in question had expired. section 29 provides that whoever imports, manufactures, sells, stocks, or exhibits for sale, or distributes any insecticides deemed to be misbranded under sub-clause (i) or sub-clause (iii) of ..... section 3(k), shall be punishable in the manner prescribed under the section.5. the appellants filed the application .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (1954)56BOMLR459; (1954)ILLJ1SC; (1954)IMLJ83(SC); [1954]1SCR384
..... been reiterated before us. 4. in order to deal with the first contention, it will be necessary to refer to certain provisions of the appellate tribunal act. section 7 of that act provides an appeal to the appellate tribunal from any award or decision of an industrial tribunal : (a) if the appeal involves any substantial question of law ..... to go on strike. the labour commissioner thereupon filed complaints before the presidency magistrate on august 28, charging the appellants with an offence under section 27 of the appellate tribunal act. the mill mazdoor sabha applied to be made a party to the appeal, but the application was rejected. as already stated, the appellants ..... and do not belong to any union. 2. on december 9, 1949, the representative union gave a notice of change under section 42 of the bombay industrial relations act, 1946, hereinafter called the act, to the mill owners association in bombay claiming bonus for that year. on december 23, the dispute was referred by the government .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1958SC813; 1958(6)BLJR762; 1958CriLJ1352; (1958)36MysLJ(SC)728; [1959]1SCR861
..... the second circumstance in the present case. we are concerned with a person who abets the commission of an offence. then comes section 109 which is in these terms : 'section 109. whoever abets any offence shall, if the act abetted is committed in consequence of the abetment, and no express provision is made by this code for the punishment of such ..... two circumstances - (1) when the offence abetted is committed and (2) when an act is committed which would be an offence if committed by a person capable ..... in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or thirdly. - intentionally aids, by any act or illegal omission, the doing of that thing.' 8. section 108 is in two parts and explains who is an abettor in .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1959SC673; 1959CriLJ917; (1959)61PLR655; [1959]Supp(2)SCR1
..... mst. charni are to be believed regarding the main facts and that they correctly named all seven accused as the assailants. on that finding the conviction under section 302 read with section 149 can be sustained. we accordingly uphold these convictions. the acquittals in the other three cases will of course stand but the mere fact that these persons ..... rahman is acquitted and therefore the offence under s. 161 is held not to have been committed, then in this case no question of intentionally aiding by any act or omission the commission of the offence arises. it may be as counsel for the respondent contended that the acquittal of khalilur rahman is wrong and it appears and ..... nath.' 4. he therefore convicted khalilur rahman under s. 161, indian penal code, but acquitted him of an offence under s. 5(2) of the prevention of corruption act, 1947, and convicted the appellant for abetment of that offence. on appeal deka, j., held that from the complaint made by the complainant it was not clear that .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1960SC363; (1960)ILLJ244SC; [1960]2SCR319
..... absurd result would thus be produced. 20. by an amendment made on october 2, 1953, certain provisions have been introduced into the act which would show clearly that lock-out as defined in s. 2(1), which section has been left unaltered by the amendment, was never intended to include a discharge of workmen. we refer to s. 2(00) by ..... in consequence of an illegal lock-out and a lock-out declared in consequence of an illegal strike shall not be illegal. section 25 prohibits the spending of money on illegal strike and lock-outs. 17. the act therefore treats strike and lock-outs on the same basis; it treats one as the counterpart of the other. a strike is ..... and that they had instigated them, but they contend that the strikes were of illegal. 7. section 27 of the act provides that a person who instigates or incites others to take part in, or otherwise act in furtherance of strike, which is illegal under the act, commits an offence. the respondent's case is that the strikes were illegal under s. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1960SC633; 1960CriLJ1002; [1960]2SCR821
..... inconsistent with article 19(1)(a) of the constitution on the 26th january, 1950.' question no. (ii). 'the restrictions imposed by section 3 of the u.p. special powers act, 1932, were not in the interests of public order.' in the usual course the matter was placed before the two learned judges who first heard the ..... a third judge, who agreeing with desai, j., gave the following answers to the questions referred to him : question no. (i). 'the provision of section 3 of the u. p. special powers act, 1932, making it penal for a person by spoken words to instigate a class of persons not to pay dues recoverable as arrears of land revenue, was ..... communication may be made directly, or indirectly and (x) shall be punished with imprisonment or with fine or with both. under this section a wide net has been cast to catch in a variety of acts of instigation ranging from friendly advice to a systematic propaganda not to pay or to defer payment of liability to government, any authority or .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1962SC1261; [1961(3)FLR305]; (1961)IILLJ383SC
..... said he was drawing at abohar, that is, rs. 148 per month. as this claim was rejected by the bank authorities he made an application under sections 33(b)(2) of the industrial disputes act and for determining the money payable under the award. the labour court, delhi, accepted the respondent's case that his pay should have been fixed at rs .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1962SC1471; [1962]Supp3SCR294
..... appellant could take advantage of the bequest in favour of mrs. mitter that letters of administration of the will of dr. miss mitter should have been obtained by mrs. mitter section 213(1) which governs this matter is in these terms :- '(1) no right as executor or legatee can be established in any court of justice, unless a court of ..... mitter. it appears that after the death of mrs. mitter the three sisters put forward three separate wills each in her favour and there was no question of one sister acting on any representation made by another. we are therefore of opinion that no question of estoppel arises in this case. 11. the appeal therefore fails and is hereby dismissed ..... mrs. mitter and that as neither probate nor letters of administration of that will were obtained it was not open to the appellant is view of s. 213 of the act to take advantage of that will; (ii) that the suit was barred by res judicata, and (iii) that the plaintiff-respondent was estopped from contesting the title of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1962SC1908; 1963MhLJ321(SC); [1963]3SCR396
..... out a case against the appellant of abetment of the offence of procreation of a minor girl punishable under s. 366a of the indian penal code section 366a was enacted by act xx of 1923 to give effect to certain articles of the international convention for the suppression of traffic in women and children signed by various nations at ..... bar that in respect of those offences the accused were acquitted and we are not concerned in this case with those offence) - and also for offences punishable under sections 366 and 366a of the indian penal code against nine persons including the appellant, patilba and devidas. in the course of proceedings for commitment to the court of session ..... code. it cannot be said that thereby he induces her to go from any place or to do any act with the intent or knowledge contemplated by the section. 10. we agree that seduction to illicit intercourse contemplated by the section does not mean merely straying from the path of virtue by a female for the first time. the verb .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1967SC553; 1967(0)BLJR289; 1967CriLJ541; [1967]1SCR469
raghubar dayal, j.1. jamuna singh, appeals, by special leave, against the order of the patna high court dismissing his appeal and confirming his conviction and sentence under sections 323 and 436 read with s. 109, i.p.c. 2. along with the appellant, four other persons were prosecuted for committing riot and the offence under s. ..... the abetment, and no express provision is made by this code for the punishment of such abetment, be punished with the punishment provided for the offence. explanation - an act or offence is said to be committed in consequence of abetment, when it is committed in consequence of the instigation, or in pursuance of the conspiracy or with the aid ..... of such abetment, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; and if any act for which the abettor is liable in consequence of the abetment, and which causes hurt to any person, is done, the abettor shall be liable to imprisonment of either .....
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