Court : Karnataka
..... .no.859 of 2023 pending before the xlv additional city civil and sessions judge, bengaluru arising out of crime in crime no.47 of 2023 registered for offences under sections 498a, 306 and 34 of the ipc is before this court calling in question the entire proceedings.2. sans details, facts germane are as follows:- the 2nd respondent ..... is not even a single ingredient of demand of dowry in the complaint, except harassment now and then, as noted by the victim in her diary. insofar as section 498a is concerned, the learned senior counsel would place reliance upon the judgment of the apex court in the case of achin gupta v. state of haryana2. he ..... the petitioner himself to the petition which are all charge sheet materials to contend that instigation, goading and all other necessary ingredients of section 107 of the ipc have clearly become an offence under section 306 of the ipc which punishes one who abets commission of suicide. she makes a particular reference to the transcript of the audio .....
Tag this Judgment!Court : Supreme Court of India
..... can cause birth defects and damage to most plants that it comes into contact with. it is banned in europe and not permitted in india under the insecticides act, 1968 for mustard. it is an organophosphorus compound (toxic to biology) very similar in structure to glyphosate and as weeds become more resistant, they will eventually ..... the parliament. the answering of parliamentary questions is a part of the conduct of business of the parliament. therefore, no question about its admissibility under section 74, the indian evidence act, 1872 would arise. for ease of reference, the said questions and answers are extracted as under: writ petition (civil) no.115 of 2004 ..... koli samaj parivartan trust v. state of gujarat (2-judge bench)13, wherein this court while considering the functions of the ngt observed: 16. sections 14 and section 15 entrust adjudicatory functions to the ngt. the ngt is a specialized body comprising of judicial and expert members. judicial members bring to bear their experience .....
Tag this Judgment!Court : Supreme Court of India
..... explanation 2. whoever, either prior to or at the time of the commission of an act, does anything in order to facilitate the commission of that act, and thereby facilitates the commission thereof, is said to aid the doing of that act.8. reading these sections together would indicate that there must be either an instigation, or an engagement or intentional ..... this court is clear that in order to convict a person under section 306 ipc there has to be a clear mens rea to commit the offence. it also requires an active act or direct act which led the deceased to commit suicide seeing no option and that act must have been intended to push the deceased into such a ..... mahajan2, this court explained the concept of abetment along with necessary ingredient for offence under section 306 of ipc as under: 25. abetment involves a mental process of instigating a person or intentionally aiding a person in doing of a thing. without a positive act on the part of the 2 (2010) 12 scc190slp(crl.) no.13246 of .....
Tag this Judgment!Court : Karnataka
..... petitioner in cr.no.7/2024 of dharmastala p.s. for the offences p/u/s305 506, 354(d), 509, r/w section34of ipc, sec.12 of pocso act and sec.75 of juvenile justice act pending on the file of addl.district and sessions court ftsc-1 (pocso) d.k at mangalore. this criminal petition having been heard and ..... in the light of the admitted facts as narrated hereinabove, this court at this stage would not lend its protective umbrella to the horrendous acts of the petitioners in exercise of its jurisdiction under section 482 of the cr.p.c. the petition does not deserve entertainment at this juncture, as it is a matter of investigation, and investigation ..... no.7 of 2024 registered by the dharmasthala police for offences punishable under sections 305, 506, 354d, 509 r/w 34 of the ipc, section 12 of the protection of children from sexual offences act, 2012 and section 75 of the juvenile justice (care and protection of children) act, 2015.2. shorn of unnecessary details, facts in brief, germane are as .....
Tag this Judgment!Court : Karnataka
..... victim to commit suicide. it was a usual quarrel between the husband and wife. in such offences, mens rea active or direct act leading deceased to commit suicide are essential for invoking the provisions of section 306 of ipc. as discussed above, abetment involves a mental process of instigating a person or intentionally aiding a person in doing of ..... of 2014 29. therefore, in order to convict a person under section 306 of ipc, there has to be a clear mens rea to commit the offence. it also requires an active act or direct act which lead the deceased to commit suicide seeing no option and this act must have been intended to push the deceased into such a ..... a thing. without a positive act on the part of the accused to instigate or aid in committing suicide, the law is that, .....
Tag this Judgment!Court : Karnataka
..... instigates any person to do that thing as stated in clause firstly or to do anything as stated in clauses secondly or thirdly of section 107 ipc. section 109 ipc provides that if the act abetted is committed pursuant to and in consequence of abetment then the offender is to be punished with the punishment provided for the original ..... scc online sc73724 absolutely no material to allege that the appellant abetted for suicide of the deceased within the meaning of section 306ipc.11. even with regard to offence alleged under section 3(2)(v) of the act it is to be noticed that except vague and bald statement that the appellant and other family members abused the deceased ..... she died on 06.07.2000 at 07:30 pm. ... 60. in india attempt to commit suicide is an offence under section 309 ipc. this section provides that whoever attempts to commit suicide and does any act towards the commission of such offence, he shall be punished with simple imprisonment for a term which may extend to one year or .....
Tag this Judgment!Court : Supreme Court of India
..... act 1986. a. factual matrix5 the order of detention dated 12.09.2023 passed by the respondent no.2 herein reads thus: order of detention order of detention under sub section (2) of section3of the telangana prevention of dangerous activities of bootleggers, dacoits, drug-offenders, goondas, immoral traffic offenders, land-grabbers, spurious seed offenders, insecticide ..... offenders, fertiliser offenders, food adulteration offenders, fake document offenders, scheduled commodities offenders, forest offenders, gaming offenders, sexual offenders, explosive substances offenders, arms offenders, cyber crime page 3 of 55 offenders and white collar or financial offenders act ..... the materials placed before it in terms of section 10 of the act, 1986. section 11 further empowers the advisory board to call .....
Tag this Judgment!Court : Supreme Court of India
..... construction of transmission lines. research indicates that the reasons for the dwindling population include a low birth rate, poaching, habitat destruction and predation. the use of insecticides and pesticides has resulted in the reduction of locusts and grasshoppers, which form an essential part of the prey of gibs. the livestock population has also ..... population control program for dogs, provision of no-grazing zones and restricted grazing zones in critical and semi-critical habitats, a prohibition on the use of insecticides and pesticides within a radius of 5 km of critical habitats and a prohibition on the encroachment of grasslands in and around critical and semi-critical habitats; ..... and seeking to combat it, there is no single or umbrella legislation in india which relates to climate change and the attendant concerns. 15 energy conservation act 2001, section 14(w). 17 | p age however, this does not mean that the people of india do not have a right against the adverse effects of .....
Tag this Judgment!Court : Supreme Court of India
..... taken by this court in the case of k.k. ahuja vs. v.k. vora and another8.14. in the case of state of nct of delhi through prosecuting officer, insecticides, government of nct, delhi vs. rajiv khurana9, this court reiterated the position thus: 17. the ratio of all these cases is that the complainant is required to state in ..... not in charge of and was not responsible for the conduct of the business of the company at the relevant time, will not be liable for an offence under section 141 of the ni act. in national small industries corpn. [national small industries corpn. ltd. v. harmeet singh paintal, (2010) 3 scc330: (2010) 1 scc (civ) 677 : (2010) 2 scc (cri) 1113 ..... in other words, the law laid down by this court is that for making a director of a company liable for the offences committed by the company under section 141 of the ni act, there must be specific averments against the director showing as to how and in what manner the director was responsible for the conduct of the business of the .....
Tag this Judgment!Court : Supreme Court of India
..... commit suicide are not made out from the chargesheet and hence allowing prosecution of the appellant is grossly illegal for the offences punishable under section 306 ipc and section 3(2)(v) of the sc/st act tantamounts to gross abuse of process to law.24. it may be noted that in the first instance, the investigating agency itself proposed ..... of his caste.17. this court in the case of masumsha hasanasha musalman v. state of maharashtra1 considered this issue and held as under:- 9. section 3(2)(v) of the act provides that whoever, not being a member of a scheduled caste or a scheduled tribe, commits any offence under the penal code, 1860 punishable with imprisonment ..... at p.s. kotwali, fatehgarh 2 on the basis of the suicide note left behind by the deceased for the offences punishable under section 306 ipc and section 3(2)(v) of the sc/st act.7. the investigating officer conducted the investigation and filed a closure report. later on, investigation was re-opened and charge-sheet no.253 .....
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