Court : Orissa
Reported in : AIR1953Ori1; 18(1952)CLT188
..... that would be so only if robbery and dacoity are also the common object of the unlawful assembly and the offence of dacoity was committed in prosecution of the said common object, of which there is no reliable ..... may have been prudent not to act on their evidence in so far as the more serious charges of murder and melee are concerned, there is no reason to reject their evidence as regards the factum of the gathering and the unlawful common object thereof and the use of force in prosecution of the common object. ..... to their evidence, they were forced by the gitilata adibasis against their will to join in the unlawful assembly but did not themselves take any active part in it. ..... the fact that the unlawful assembly, rioting and dacoity formed one transaction would not be enough to make persons who were not actual participants in the dacoity liable, unless the common object of dacoity is made out and the ..... persons who are members of unlawful assembly and are guilty of rioting under section 148 would not all of them be necessarily guilty of the offence of ..... give definite evidence of the gathering and of the unlawful common object of the assembly. ..... questions that arise for consideration are (1) is there sufficient evidence that there was an unlawful assembly of adibasis at gitilata on 26-2-49 as alleged by the prosecution and is there sufficient evidence that the offences of rioting under section 148 and of dacoity under section 395 have been committed by members of that unlawful assembly. .....
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Reported in : AIR2007Ori56; 2006(II)OLR557
..... it is clear from the facts of the case that the agreement entered into between the parties became impossible to perform as well as unlawful and, thus, amounted to frustration of the same. ..... agreement to do impossible act - an agreement to do an act impossible in itself is void.contract to do act afterwards becoming impossible or unlawful.a contract to do an act which, after the contract is made, becomes impossible, or, by reason of some event which the promisor could not prevent, unlawful, becomes void when the act becomes impossible or unlawful. .....
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Reported in : AIR1969Ori23; 1969CriLJ301
..... section 27 of the arms act runs thus:whoever has in his possession any arms or ammunition with intent to use the same for any unlawful purpose or to enable any other person to use the same for any unlawful purpose shall, whether such unlawful purpose has been carried into effect, or not, be punishable with imprisonment for a term which may extend to seven years, or with fine, or with both.it is to be noted that section 27 is in two parts -- ..... 18) that the spent-up cartridges recovered from the spot had been fired from the gun of the petitioner by some member of the unlawful assembly, and accordingly convicted the petitioners under section 27 of the arms act, 1959, in course of discussion the trial court disbelieved the identification by the s. d. o. (p. ..... the positive case of the prosecution is that only one gun was used by the members of the unlawful assembly, charge under section 27 of the arms act:that you todiram mahawat on or about the 22-3-1964 at 2.30 ..... petitioner was found running away at a place in close proximity of the mob immediately after firing leads to the irresistible conclusion that he was a member of the mob knowing fully well the common object of the unlawful assembly which was to commit mischief by setting fire to the houses of muslims and causing hurt to them. ..... the defence of the three petitioners was that they were not members of the unlawful assembly.the learned courts below convicted todiram under section 27 of the arms act and sentenced him to undergo r. .....
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Reported in : 1964CriLJ117
..... accused 7 and 8 having' lathis in their hands have been implicated by the eye witnesses as being members of the unlawful assembly and they were not innocent spectators who got mixed' up in the crowd. ..... from the aforesaid circumstances, it is also clear that the members of the unlawful assembly knew it to be likely that murder would be committed in prosecution of the ctmmon object. ..... , thatthe test was - did the members of the unlawful assembly intend to attain the common object by means, of murder if necessary?there is evidence in this case that one member from each of the houses in the village was called to join the party to protect the adi. ..... even if the complainant's party had constituted an unlawful assembly, the accused would have no valid defence in saying that they would also constitute an unlawful assembly by way of retaliation.when there is a free fight between the parties, each constitutes an unlawful assembly. ..... whether a person is a member of the unlawful assembly-or not is a pure question of fact to be determined oar the assessment of evidence. ..... in other words,, it cannot be contended that if there is no proof of com-mission of certain overt act by an accused, he is not a member of the unlawful assembly.all that their lordships have laid down in this case is that since innocent on-lookers may be mixed up with real culprits in a large melee, close scrutiny of the evidence implicating particular persons as being members of the unlawful assembly is essential. .....
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Reported in : 2007CriLJ4792; I(2008)DMC491NULL
..... to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman, or(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet demand.the essential ingredients of section 498a of ipc are:(1) a woman was married;(2) she was subject ed to cruelty. ..... consisted in-(i) any wilful conduct as was likely to drive such woman to commit suicide or to cause grave injury or danger to her life, limb or health whether mental or physical;(ii) harm to such woman with a view to coercing her to meet unlawful demand for property or valuable security or on account of failure of such woman or any of her relations to meet the unlawful demand;(iii) the woman was subjected to such cruelty by her husband or any relation of her husband.11. .....
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Reported in : 91(2001)CLT75
..... the conviction and sentence of an accused bad and unsustainable in law : (7) that an illict article seized from the person of an accused during search conducted in violation of thesafeguards provided in section 50 of the act cannot be used as evidence of proof of unlawful possession of the contraband on the accused though any other material recovered during that search to be relied upon by the prosecution in other proceedings, against an, accused not withstanding the recovery of that material during an illegal search ..... 348) cannot be understood to have laid down that as illicit article seized during a search of a person or prior information conducted in violation of the provisions of.section 50 of the act can by itself be used as evidence of unlawful possession of the illicit article on the person from whom the contraband has been seized during the illegal search. ..... recovery of illicit article during the search of an accused or a person conducted in breach of section 50 cannot be used as an evidence of proof of unlawful possession of the same by the accused though that may be used or relied upon by the prosecution in other proceedings.20. .....
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Reported in : 2002(I)OLR654
..... the defence plea that they went to protest the action of deceased pratap and p.w.7.the trial court held that all the accused appellants were the members of unlawful assembly and that, the common object of the unlawful assembly was to do away with the life of the deceased and they were all guilty under section 148 read with sections 302/149 i.p.c. ..... reported in 2000 (ii) olr (sc) 371, it has been reiterated by the hon'ble supreme court that vicarious liability extends to members of the unlawful assembly only in respect to the common object of an unlawful assembly or such offence as the members of the unlawful assembly are likely to commit in the execution of that common object. ..... no hesitation to set aside the conviction passed under sections 302/149, i.p.c.but then, definitely all the accused persons are members of the unlawful assembly and the trial court rightly found them guilty under section 148, i.p.c. ..... shall also be attributed to the other members of the unlawful assembly.the evidence adduced in the case clearly reveals that the deceased with two labourers climbed up the roof of the cow- shed to remove/repair ..... reached a conclusion that as biren was one of the members of the unlawful assembly any overt act committed by him. ..... the action, thus, cannot be nomenclatured as 'unlawful assembly'.at the other hand, learned counsel for the state, while supporting the reasonings and the order of conviction and sentence passed by the learned additional sessions judge, submitted .....
Tag this Judgment!Court : Orissa
Reported in : AIR1966Ori199; 1966CriLJ1176
..... this court had repeatedly observed that the common object of the unlawful assembly can be collected from the nature of assembly, arms used by them and the behaviour of the assembly at or before the scene of occurrence. ..... in the aforesaid circumstances, the common object of the unlawful assembly was clearly to commit murder, if necessary. ..... the commission of overt acts is certainly an evidence of fact that the accused was the member of an unlawful assembly, but the converse is not true. ..... 'even if the complainant's party had constituted an unlawful assembly, the accused would have no valid defence in saying that they would also constitute an unlawful assembly by way of retaliation. ..... in other words, it cannot be contended that if there is no proof of commission of certain overt act by the accused, he is not a member of the unlawful assembly (see 1963-29 c. l. t. ..... when there is a free fight between two parties, each constitutes an unlawful assembly. .....
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Reported in : 2009CriLJ545; 2008(II)OLR690
..... was filed on 31.10.2007, alleging that the petitioner had manufactured bricks unlawfully and for the said purpose the petitioner had appeared before the tahasildar, bonth on 12.7.2007 and on admitting that he had manufactured bricks unauthorisedly, he agreed to pay penalty for it. ..... it needs to be kept in my mind that demand for unlawful donation for various oblique purposes, and it is proved in this case that the villagers had set up a check-gate on a public road and the tahasildar has directed to remove the same. ..... i reiterate that it is obligatory on the part of the district administration as well as the police authorities to ensure that no such unlawful act, such as setting up of check-gates for the purpose of collecting donation, should be allowed and whenever such gates being put up, immediate actions should be taken to remove the same and to take appropriate action against the persons who have erected such gates for such unlawful purposes. .....
Tag this Judgment!Court : Orissa
Reported in : 107(2009)CLT782
..... we are also further of the view that failure on the part of the employer to provide the copy of the inquiry report to the delinquent-petitioner clearly vitiates the proceeding resulting the punishment in the proceeding unlawful.13. .....
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