Court : Supreme Court of India
..... chhattisgarh1 has defined the word instigate as under :- instigation is to goad, urge forward, provoke, incite or encourage to do an act.17. the scope and ambit of section 107 ipc and its co- relation with section 306 ipc has been discussed repeatedly by this court. in the case of s.s.cheena vs. vijay kumar mahajan and anr6, ..... long period of 9 years. 2036. to convict a person under section 306 ipc, there has to be clear mens rea to commit offence. it also requires an active act or direct act which leads deceased to commit suicide finding no other option and the act must be such reflecting intention of the accused to push deceased into ..... means oneself and cidium means killing . thus, the word suicide implies an act of self-killing . in other words, act of death must be committed by the deceased himself, irrespective of the means adopted by him in achieving the object of killing himself.15. section 306 of ipc makes abetment of suicide a criminal offence and prescribes punishment for .....
Tag this Judgment!Court : Supreme Court of India
..... by this court in the case of k.k. ahuja vs. v.k. vora and another6.20. in the case of state of nct of delhi through prosecuting officer, insecticides, government of nct, delhi vs. rajiv khurana7, this court reiterated the position thus: 17. the ratio of all these cases is that the complainant is required to state in ..... filed a criminal revision petition against the summoning order before the learned sessions judge, beed on the ground that there are no specific averments in terms of section 34 of the said act as to the role played by the directors and thus sought for the summoning order to be quashed. however, the learned sessions judge, beed rejected the ..... , learned counsel appearing on behalf of the respondent state of maharashtra.5. shri c.u. singh and shri anupam lal das, learned senior counsels submit that section 34 of the said act specifically provides that only such person who, at the time of the commission of the offence, was in charge of, and was responsible to the company for .....
Tag this Judgment!Court : Karnataka
..... quarrel, then mens rea cannot be attributed to the accused. he therefore contends that the trial court having rightly acquitted the accused of the offence punishable under section 302 of ipc was not justified in convicting him for the other charged offences.18. the learned high court government pleader has contended that the prosecution has adduced ..... 29.09.2018, passed by the ii additional district and sessions judge, shivamogga, in s.c. no.107/2017, convicting and sentencing him for offence punishable under section 498-a and 304-b of ipc, has preferred this appeal.2. i have heard the learned counsel for appellant/accused and the learned high court government pleader ..... to constitute instigation , a person who instigates another has to goad or urge forward the latter with intention to provoke, incite or encourage the doing of an act by the latter.29. in the case on hand, the evidence on record falls short to attract the ingredients of abetment. further the prosecution has failed to establish .....
Tag this Judgment!Court : Supreme Court of India
..... means a person who commits or abets the commission of offences 5 punishable under the telangana protection of depositors of financial establishment act, 1999 (act 17 of 1999) or under sections 406 to 409 or 417 to 420 or under chapter xviii of the indian penal code, 1860.3. power to make ..... detention was passed against the detenu on 19 may 2021 under the provisions of section 3(2) of the telangana prevention of dangerous activities of bootleggers, dacoits, drug-offenders, goondas, immoral traffic offenders, land grabbers, spurious seed offenders, insecticide offenders, fertiliser offenders, 3 ipc 3 food adulteration offenders, fake document offenders, ..... orders detaining certain persons. (1) the government may, if satisfied with respect to any bootlegger, dacoit, drug-offender, goonda, immoral traffic offender, land-grabber, spurious seed offender, insecticide .....
Tag this Judgment!Court : Karnataka
..... been taken by the learned counsel for the appellants.20. lastly, the learned counsel has taken us through the principles of the indian evidence act by referring to section 3 of the indian evidence act. there is no evidence on record on the part of the prosecution 39 relating to proving the allegation that the accused is alleged to ..... and not quantity of witnesses subjected to examination and plethora of the evidence has been let in which determines the adequacy of evidence as has been provided by section 134 of the act.28. in the instant case pw.1 - sarojamma, pw.2 chitra, pw.3 anjinappa, pw.4 venugopala they are the material witnesses and they have ..... other than the father of deceased latha. but accused is also equally gravamen of the accusation made against him by initiation of criminal prosecution. under section 3 of the indian evidence act, 1872 it is made it clear that the domain it is vested with the prosecution for having subjected to 68 examination of material witnesses and similarly .....
Tag this Judgment!Court : Karnataka
..... been taken by the learned counsel for the appellants.20. lastly, the learned counsel has taken us through the principles of the indian evidence act by referring to section 3 of the indian evidence act. there is no evidence on record on the part of the prosecution 39 relating to proving the allegation that the accused is alleged to ..... and not quantity of witnesses subjected to examination and plethora of the evidence has been let in which determines the adequacy of evidence as has been provided by section 134 of the act.28. in the instant case pw.1 - sarojamma, pw.2 chitra, pw.3 anjinappa, pw.4 venugopala they are the material witnesses and they have ..... other than the father of deceased latha. but accused is also equally gravamen of the accusation made against him by initiation of criminal prosecution. under section 3 of the indian evidence act, 1872 it is made it clear that the domain it is vested with the prosecution for having subjected to 68 examination of material witnesses and similarly .....
Tag this Judgment!Court : Karnataka
..... been taken by the learned counsel for the appellants.20. lastly, the learned counsel has taken us through the principles of the indian evidence act by referring to section 3 of the indian evidence act. there is no evidence on record on the part of the prosecution 39 relating to proving the allegation that the accused is alleged to ..... and not quantity of witnesses subjected to examination and plethora of the evidence has been let in which determines the adequacy of evidence as has been provided by section 134 of the act.28. in the instant case pw.1 - sarojamma, pw.2 chitra, pw.3 anjinappa, pw.4 venugopala they are the material witnesses and they have ..... other than the father of deceased latha. but accused is also equally gravamen of the accusation made against him by initiation of criminal prosecution. under section 3 of the indian evidence act, 1872 it is made it clear that the domain it is vested with the prosecution for having subjected to 68 examination of material witnesses and similarly .....
Tag this Judgment!Court : Karnataka Dharwad
..... scc (cri) 218]. all under the prevention of food adulteration act, 1954. (emphasis supplied) 23 crl.p.no.102512/21 the apex court in the afore-extracted judgment was interpreting insecticides act, 1968 , provisions of which are in pari materia with that of the seeds act. the apex court has clearly held that the right of the accused ..... launching of the prosecution, the court would not be seized of the matter in order to decide under sub-section (4) of section 24 of the act in the matter of sending the sample to the central insecticides laboratory. it is therefore to be expected that, prosecution will be launched expeditiously, at any rate before ..... the respondents in these appeals have been deprived of their valuable right to have the sample tested from the central insecticides laboratory and sub-section (4) of section 24 of the act. under sub-section (3) of section 24, report signed by the inseclicildes analyst shall be evidence of the facts stated therein and shall be conclusive evidence .....
Tag this Judgment!Court : Supreme Court of India
..... of their trade name for 13 the hotels and as a part of the name of their business concern, it squarely falls under sub section (5) of section 29 of the said act and therefore, the respondents defendants were liable for infringement of registered trade mark.17. shri viswanathan further submitted that merely because the respondents ..... the copyright. in the said case, the single judge of the high court had granted injunction in favour of the plaintiff from manufacturing, marketing, distributing or selling insecticides, pesticides as well as insect repellent under the name laxman rekha . the division bench had vacated the injunction on the ground that there was delay and laches ..... april 1986 with regard to rectification of the trade mark. in the said case, the manufacture of the product was started by the company in may 1968. the said company filed an application for registration of its mark before the competent authority. the manufacturer was informed that its application was accepted and it .....
Tag this Judgment!Court : Karnataka
..... notification reads as follows: home secretariat notification33bangalore, dated 18th february 1979. s.o.424,- in exercise of the powers conferred by sections 4, 5 and 6 of the mysore police act, 1963 (mysore act 4 of 1964), the government of mysore hereby directs that whenever a sub-inspector of police of the state criminal investigation department, investigates ..... the case of state of bihar and another v. lalu singh4has held as under: 11. the state government, in exercise of the powers under sections 7 and 12 of the police act, 1861, has framed the bihar police manual. chapter 15 thereof deals with the constitution and functions of the criminal investigation department. rule 431, with ..... police station as defined under cr.p.c.79. on the basis of this judgment, shri lekhi argued that investigation under the ndps act includes search and seizure which is to be done by a section 42 officer and would, therefore, begin from that stage.80. in this connection, it is important to advert first to the .....
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