Court : Allahabad
Reported in : AIR1925All230; 83Ind.Cas.654; 84Ind.Cas.714
..... or abetted such forgery. it must, therefore, be conceded that, under certain circumstances, the false preparation of a signature-sheet may amount to forgery within the meaning of section 463 of the indian penal code. it is also to be remembered that there are rulings of certain high courts establishing a contrary proposition, i.e., where it ..... 'chapter 9(a), of offences relating to election' was added to the indian penal code in 1920. one of these offences as described in section 171(d) is as follows:whoever, at an election, applies for a voting ..... , as the offence committed waa really one under section 176(p) of the indian penal code.(2) that the attestation was made innocently and without any intention to abet a forgery.(3) that attestation was wholly unnecessary and, therefore, no offence has been committed.5. point no. 1. - by act 39 of 1920, a new chapter described as .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1933Cal36,140Ind.Cas.550
..... :in the present case; l am inclined to hold the view that since the bugle was sounded at intervals, and inspector s.n. mukherjee while acting under section 62-a, sub-section (1) of the act, directed the volunteer, within the accused's hearing, not to sound the bugle, it was the clear duty of the president to stop further sounding ..... meeting. a police inspector s.n. mukherji requested the man sounding the bugle not to do so and in making that request he was apparently acting under the powers conferred on police officers under section 62-a(1). it was proved in the course of the hearing before the learned presidency magistrate that both inspector s.n. mukherji and ..... the explanation which he has given is correct. he says:the position is that for the purpose of section 62-a (i), it is not necessary to act under any orders or to prove that the officer concerned was acting under any orders. the section says: the commissioner of police, and subject to the orders of the commissioner of police, every .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1932Cal760
..... sessions judge that inasmuch as the public had not seen or read the leaflets in question, there had not been any abetment or instigation or incitement within the meaning of section 117, i. p. c., and that in the events which had happened, the prosecution of the three youths in question was not maintainable. the learned sessions judge was ..... of opinion that it was not necessary to show that any member of the public should have been incited. section 117, i. p.c., runs as follows:whoever abets the commission of an offence by the public generally or by any number or class of persons exceeding ten, ..... in this sense it makes instigation tantamount to abetment. the word 'instigate' literally means to goad or urge forward or to provoke, incite, urge or encourge to do an act. a person may however not only instigate another, but he may co-operate with him and his co-operation may consist of counsel or, conjoint action. in either case, .....
Tag this Judgment!Court : Kolkata
Reported in : 140Ind.Cas.787
..... judge that inasmuch as the public had not seen or read the leaflets in question, there had not been any abetment or instigation or incitement within the meaning of section 107, indian penal code, and that in the events which had happened, tie prosecution of the three youths in question was not maintainable. the learned sessions judge was ..... of opinion that it was not necessary to show that any member of the public should have been, incited.5. section 117, indian penal code runs as follows:whoever abets the commission of an offence by the public generally or by any number or class of persons exceeding ten, ..... this sense it makes instigation tantamount to abetment. the word 'instigate' literally means to goad or urge forward or to provoke, incite, urge or encourage to do an act. a person may however not only instigate another, but he may co-operate with him and co-operation may consist of counsel or conjoint action, in either case, there .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1934Cal10
..... 18 jurors were summoned though nine jurors attended and were chosen without objection yet the jury were not properly constituted according to the above sections. this case however was overruled by the full bench decision in the case of emperor v. erman ali : air1930cal212 where the ..... guns and had plenty of ammunition and they entered the shop for the purpose of committing robbery. when they were disturbed in their act by a large number of villagers they decided to retreat and in so retreating they fired a large number of shots. it is ..... engages with one or more other person or persons 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 (3) intentionally aids, ..... by any act or illegal omission, the doing of that thing.4. as the learned sessions judge rightly pointed out to the jury in .....
Tag this Judgment!Court : Kolkata
Reported in : 155Ind.Cas.599
..... jurors were summoned. in the present case, 18 jurors were summoned and there can be no objection on the score that a proper number of jurors were not summoned under section 326, criminal procedure code. the question is whether the learned judge duly complied with a. 274, criminal procedure code, according to which he should have considered whether it was practicable to have ..... . the two men were armed with guns and had plenty of ammunition and they entered the shop for the purpose of committing robbery. when they were disturbed in their act by a large number of villagers they decided to retreat, and in so retreating, they fired a large number of shots. it is clear that their primary intention was ..... 1930 cat. 60; (1930) cr. cas. 12 : 31 cr. l.j. 377 : 56 c. 1154 : 33 c.w.n. 692; ind. rul. (1930) cal. 2l9 intentionally aids, by any act or illegal omission, the doing of that thing.4. as the learned sessions judge rightly pointed out to the jury in the present case there is nothing to show that .....
Tag this Judgment!Court : Chennai
Reported in : AIR1934Mad721; 155Ind.Cas.74
..... accomplice. mayne says (p. 756, 2nd edn):abettors of crime are accomplices and must be looked at as such if they are produced as witnesses against the principal offenders.4. section 107, i.p.c., says:a person abets the doing of anything, who first instigates any person to do that thing; or secondly engages with one or more other person ..... of an accomplice. mr. bewes, for the crown, raised the point whether a person who receives stolen property knowing it to be stolen is an accomplice. woodroffe in his evidence act says the term 'accomplices' may include all 'participes crimines' and there is a note below that in english law it includes both principals of the first and second degree and ..... or persons 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 .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1936Bom5; (1935)37BOMLR892
..... may be, the court has to determine what the design of those responsible for the strike was at the time when they instigated it or did the other acts specified in section 17.12. on the other hand, the word ' calculated ' seems to me to be directed to probable consequences which may be expected to follow from the ..... b), i think the 'court must hold, having regard to the nature of the strike and the circumstances prevailing at the date of the instigation or other acts specified in section 17, that the natural and probable consequences of the strike will be to inflict such severe, general and prolonged hardship upon the community that either the government ..... by the government of bombay against the acquittal of the accused by the chief presidency magistrate. the accused were charged with committing an offence under section 17 of the trade disputes act of 1929, in that they instigated and declared an illegal strike. the strike in question was a strike of the textile industry throughout the whole .....
Tag this Judgment!Court : Chennai
Reported in : AIR1939Mad31; (1938)2MLJ817
..... would have it that the principle, here stated does not apply in this country by reason of the provisions of section 84 of the indian trusts act. that section reads as follows:where the owner of property transfers it to another for an illegal purpose and such purpose is not ..... m.l.j. 277 : l.r. 35 indap 98 : i.l.r. 35 cal. 551 (p.c.). in inserting section 84 in the indian trusts act the legislature could not have intended to compel a court to hear and decide a case which is entirely opposed to public policy. it ..... the transferor.5. the learned advocate for the appellant contends that the case comes under both the first and second parts of the section. he says that the appellants are the owners of the property transferred to the respondent for an illegal purpose which has not been ..... henry lionel leach, c.j.1. this appeal raises a question with regard to the effect of section 84 of the indian trusts act. the plaintiffs in the court below were the 2nd and 3rd appellants and one koneti desikachari who .....
Tag this Judgment!Court : Mumbai
Reported in : (1944)46BOMLR104
..... j.5. a strike is illegal if it is commenced or continued in the circumstances mentioned in any of the eight clauses of section 62(1) of the bombay industrial disputes act, 1938. section 55 empowers the industrial court to decide whether any strike or lock-out is illegal. when once a strike is declared by the ..... and the employees asking for a declaration that the mill authorities had made an illegal change. the industrial court decided on march 20, 1942, under section 55 of the bombay industrial disputes act, that the strike of the applicants was an illegal strike, and that the change made by the mill authorities was an illegal change. on ..... 1. the eight petitioners were prosecuted at the instance of opponent no. 2, the ahmedabad cotton ., under sections 66 and 67 of the bombay industrial disputes act, 1938. applicants nos. 1 to 4 were prosecuted under section 67 read with section 66 for having instigated and incited others to take part in an illegal strike, and the other applicants for .....
Tag this Judgment!