Court : Chennai
Reported in : (1901)ILR24Mad523
..... former case there would be but one offence of abetment, but in the latter case as many offences of abetment as the number of substantive offences.5. section 10 of the indian evidence act has, in my opinion, no bearing on the question as to how far conspiracy to commit an offence or actionable wrong is an offence under the indian ..... offence for which be would be punishable in consequence of the abetment is committed, ho shall be deemed to have committed such act or offence. this section provides that ha shall be deemed to have committed the offence itself and not simply that he shall be liable to the same punishment as if he had committed ..... cases, conspiracy is only one species of 'abetment of an offence' as that expression is defined and explained in section 108 and stands on the same footing as abetment 'by intentional aiding.' in regard to both these species of abetment an act or illegal omission, in pursuance of the conspiracy or for the purpose of intentional aiding, is essential. if two .....
Tag this Judgment!Court : Chennai
Reported in : (1901)11MLJ241
..... treated as an irregularity not occasioning a failure of justice. i am unable to accept this view. in the first place the judge did not as a matter of fact act under section 285(1) nor does he profess to have done so, and in the second place the opinion' of the first assessor finding the appellants guilty must have done them ..... trial shall be conducted with the aid of two or more assessors as members of the court.'10. the phrase 'as members of the court' disappeared in the corresponding section 232 of act x. of 1872 and has not been re-introduced either in the code of 1882 or in that of 1898.11. though assessors do not form members of the ..... , no failure of justice and that the accused have in no way been prejudiced in their defence by the first assessor having been allowed to resume his seat. section 167 of the evidence act does not directly apply to the case, because it applies only to improper admission or rejection of evidence, and technically the opinion of an assessor, which the judge .....
Tag this Judgment!Court : Chennai
Reported in : AIR1918Mad738; 42Ind.Cas.989
..... that the public servant who takes the bribe has not the least intention of doing and yet the offence will be complete. also the motive or reward mentioned in the section is the consideration for showing favour, which is not necessarily identical with the motive or intention of the giver of the illegal gratification. the offence of abetment is committed by ..... , or if there was, it is possible that be might escape by invoking the aid to of section 79 or section 81 of the indian penal code and pleading that he acted in good faith and believed himself to be justified by law in his act, or that he did it in good faith for the purpose of avoiding more harm to other persons ..... has now been referred to me, it is argued that it is open to me to find that the accused's act did not in law constitute an offence at all, and that i should acquit him.14. an offence under section 161 of the indian penal code is committed when a public servant accepts any gratification, other than legal remuneration, as .....
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 : 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 : Chennai
Reported in : AIR1950Mad827; (1950)IIMLJ201
..... from the judgment of the learned judge at page 627 is apposite :' it has been contended that under expln. 4 of section 108, penal code, the abetment of an abetment means the abetment of an act which subsequently ripens into an actual abetment of the principal and not an abetment or incitement merely to incite another when that ..... law of committing an offence with the same intention or knowledge as that of the abettor.' explanation (2) to that section is as follows:'to constitute the offence of abetment it is not necessary that the act abetted should be committed, or the effect requisite to constitute the offence should be caused.' the question before me really ..... do that which if committed would have been an offence and which falls under expln. 4 to section 108, penal code- the learned judges stated that inasmuch as expln. 2 constituted an offence of abetment, it was not necessary that the act abetted should be committed.13. the principle laid down in srilal chamaria v. emperor, 46 clause .....
Tag this Judgment!Court : Chennai
Reported in : AIR1954Mad326; (1953)IIMLJ50
..... owner of an undivided half of the house in which her daughter was leading the life of a prostitute does not amount to abetment of the offence under section 6(1) of the bengal act: -- 'padmamani dasee v. emperor' : air1932cal457 . in this case we have no tangible or satisfactory evidence of this house being used as a brothel ..... do so, he will betray the secret to others (590).' 24. to sum up the foregoing evidence. we find that the requirements of sections 5(1) and 8a (1), suppression of immoral traffic act, have not been made out by the evidence of any of these witnesses excepting the trap-witness p. w. 2 and the evidence of ..... even if heis an accessory after the fact within the meaning of the expression, for illustration (a) to section 114, evidence act, permits presumption oftheft from subsequent possession. the rule thatan accomplice must sustain such a relation tothe criminal act that he could be jointly indicted with the accused is subject to various modifications.it is not necessary that .....
Tag this Judgment!Court : Chennai
Reported in : AIR1959Mad166; 1959CriLJ484
..... to be accepted or attempted to be obtained by way of legal remuneration' (per mootham and wanchoo, jj).in state v. minaketan, : air1952ori267 it was held : section 4 of act ii of 1947 requires that the prosecution should prove that the accused accepted or agreed to accept the amount as gratification. 'accept' means 'to take or receive with ..... manifestly perverse, singularly mischievous and totally unmerited.37. the order of acquittal is therefore set aside and the accused is convicted under section 161 i. p. c. and section 5(i)(d) read with section 5(2) of act ii of 1947.38. the learned advocate mr. k. s. jayarama ayyar who conducted the defence of this accused in ..... not exist, or considers its non-existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it does not exist.section 4 of act ii of 1947 which deals with the drawing of presumption where a public servant has been shown to have accepted gratification other than .....
Tag this Judgment!Court : Chennai
Reported in : [1963]14STC369(Mad)
..... two tea estates as against the column 'for use in manufacture or processing of goods for sale' the following goods were set out: 'machinery and machinery parts, insecticides, iron materials, chemicals, medicines, surgical instruments, diesel oil and lubricating oils.' whether or not machinery would include the tractor is not the question that is before ..... declaration duly signed by the purchasing dealer containing certain prescribed particulars, then the selling dealer is entitled to the lower rate of taxation provided by section 8(1) of the act. turning no to the rules which prescribed the requirements in this regard, the relevant rules are 12 and 13 of the central sales tax ( ..... the department then to say that notwithstanding that the selling dealer has complied with all the requirements, which confer upon him the benefit of section 8(1) of the act, the department can still examine whether the goods that were sold were in fact goods which were utilized by the purchasing dealer in the .....
Tag this Judgment!Court : Chennai
Reported in : (1966)2MLJ42
..... impure or adulterated food believed to be pure and not adulterated.3. sales of misbranded articles in violation of the federal food and drugs act and insecticide act.4. violations of state and federal narcotic acts.5. criminal nuisances, including business not known to be injurious to the public health, repose or comfort, and unknown obstructions of highways.6 ..... the petitioners relied on the decision in sherras v. de rutzen l.r. (1895) 1 q..b. 918 where it was held that section 16, sub-section (2) of the licensing act,. 1872, which prohibits a licensed victualler from supplying liquor to a police constable while on duty, does not apply where the licensed victualler bona fide ..... should be for human consumption or use. in public prosecutor v. palanisami : air1965mad98 ramakrishnan, j., has pointed out that the definition of sale in section 2(xiii) of the act is very wide and covers not merely a sale for human consumption, but a sale for analysis as in this case, exposing for sale, or having .....
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