Court : Mumbai
Reported in : AIR1923Bom44; (1922)24BOMLR534; 67Ind.Cas.818
..... of an offence of taking gratification as the said public servant other than legal remuneration as a motive for doing a future official act, viz., giving contracts, punishable with imprisonment under section 161 of the indian penal code, which said offence was not committed in consequence of the said abetment and thereby committed an offence ..... gratification whatever, other than legal remuneration, as a motive or reward for doing or forbearing to do any official act, etc. etc., shall be punished with imprisonment or with fine or with both.' section 116 deals with the abetment of an offence punishable with imprisonment if that offence be not committed in consequence of ..... in that capacity other than legal remuneration as a motive for doing a future official act, viz., giving contracts and that as the offence was not committed in consequence of the said abetment his act was punishable under sections 161 and 116, indian penal code. the learned chief presidency magistrate came to the .....
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 : 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!Court : Mumbai
Reported in : AIR1949Bom100; (1948)50BOMLR622
..... remand applications made and the remands granted by the learned magistrate the police officer does not find evidence sufficient to charge-sheet the accused, he may under section 73 of the bombay city police act release him on his executing a bond with or without sureties, as such officer may direct, to appear if and when so required before a magistrate ..... information which he that laid before the police-officer. the police-officer is not merely his agent or a conduit pipe. the police-officer has under section 60 of the bombay city police act an independent volition of his own. he has got to be satisfied that there is reason to suspect the commission of the offence. it is open ..... was commenced by the police, if at all it was so done, in the exercise of their own discretion, because it has been laid down in section 60 of the bombay city police act that the officer in charge must have reason to suspect the commission of an offence which he is empowered to investigate, and only if he has reason .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1951Bom105; (1951)53BOMLR333; ILR1951Bom318
..... case where the provision of an appeal was made after the proceedings had started. i doubt if a finality is at all given to an award made under the act. sections 116 & 116a illustrate this point. the case of a decree of a civil ct. is different from that of an award & this is explained in industrial ..... cannot possibly be attacked on the ground that it contravenes the provisions of the constitution.19. ifc is said, however, that the provisions of section 30 & section 27a of the industrial relations act are ultra vires of the legislature, inasmuch as they exclude from representation before the industrial ct. all unions other than the representative unions. mr. ..... a representative union the-e are certain conditions which must be satisfied before a union acquires the status of a representative union. this will be apparent from section 13 of the act. it appears that there are about 2 lacs of textile workers & the rashtriya hill mazdoor sangh represents 15 per cent. of the membership. it is .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1952Bom435; (1952)54BOMLR153; ILR1952Bom900
..... which money is offered to a public servant is to induce him to perform an official act or show favour in the exercise of his official functions or render any service with any public servant, the offence punishable under section 161 read with section 116, penal code, would be complete, and it is immaterial whether the public servant is ..... or is not actually in a position to do the act or show favour or render service, for doing, showing or rendering which the bribe ..... read with section 116, penal code, consists in his corrupting or attempting to corrupt a public servant by offering him a bribe with the object that he might do or forbear to do any official act or show in the exercise of hisofficial functions favour or disfavour to any person or render or attempt to render any service .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1962Bom53; (1961)63BOMLR774; (1963)IILLJ264Bom
..... being considered was whether the strike resorted to by the workers during the pendency of proceedings before a tribunal was illegal and was in contravention of section 23 of the industrial disputes act. the observations relied upon, in our opinion, are obiter and do not carry the petitioners' case any further.(44) we would however proceed ..... petitioners.(68) it is contended by both the petitioners that they are workmen in an industry within the meaning of section 2(j) of the industrial disputes act, they are governed by the provisions of that act, the central civil services (conduct) rules have no application to their cases, and the departmental proceedings taken against them ..... the ground that he was a workman in an industry within the meaning of the industrial disputes act. the order of termination amounted to retrenchment within the meaning of that act. the procedure prescribed in section 25f of the act was not followed and therefore the order was bad in law. the plea raised on behalf of .....
Tag this Judgment!Court : Mumbai
Reported in : (1962)64BOMLR780
..... ,7. do these facts make out a case against the appellant of abetment of the offence of procurator of a minor girl punishable under section 356a 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 ..... penal 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.8. 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 'seduce ..... r. 60 cal. 1457 aswini kumar roy v. the state : air1955cal100 and nura v. emperor [1934] a.i.r. lah. 227 that the phrase used in section 366 of the indian penal code is 'properly applicable to the first act of illicit intercourse, unless there be proof of a return to chastity on the part of the girl since the first .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1966Bom70; (1965)67BOMLR234
..... objects of the central government of smuggling of gold.(37) it is next to be seen whether the rules contrivance of the provisions of s. 44 of the act. section 44 reads.'any authority or person action in the pursuance's of the avocations of life and the enjoyments of the property as little as may be consonant with ..... of the supreme court in lohia's case, : 1960crilj1002 the question that arose there related to the validity of s. 3 of the u.p. special powers act, 1932. that section provided:'whoever, by words, either spoken or written., or by signs or by visible representations or otherwise instigates expressly or by implications any person or class of ..... additional rule making power in central government and proceed to examine whether the gold control rules fall either under clause (23) or (33) of sub -section (2) of s.3 of the act. i have already reproduced these clauses. the arguments of mr. bhabha relating to clause (23) is that this clauses authorities the central government to control .....
Tag this Judgment!Court : Mumbai
Reported in : (1971)73BOMLR245; 1971MhLJ408
..... guilty intention of receiving the money as a bribe. then it was pointed out that explanation 3 of section 108 of the indian penal code makes it clear that the person abetted need not have any guilty intention in committing the act, so the fact that the judge took the money without any guilty intention was immaterial, so far ..... according to explanation 2, to constitute the offence of abetment it is not necessary that the act abetted should be committed, or that the effect requisite to constitute the offence should be ..... either the commission of an offence, or the commission of an act which would be an offence, if committed by a person capable by law of committing' an offence with the same intention or knowledge as that of the abettor. there are three explanations below this section and two of them deserve to be noted in this proceeding. .....
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