Judgment Search Results Home > Cases Phrase: unlawful Page 100 of about 88,169 results (0.007 seconds)

Silajit Mahoto and ors. Vs. Emperor

Court : Kolkata

Reported in : 4Ind.Cas.19

..... it may, however, be further pointed out that under section 141, sub-section (4) of the indian penal code which alone is supposed to have any application to the present case, an assembly is unlawful if the common object is shown to be to enforce any right or supposed right. ..... the learned sessions judge has held upon these facts that the accused are liable to be convicted under section 147 of the indian penal code, inasmuch as they were members of an unlawful assembly, the common object of which was to enforce a right to property.3. ..... if so, no question of an unlawful assembly arises. ..... the conviction under section 147 cannot be sustained on two grounds: first, that the common object as stated in the charge has not been established and, secondly, that upon the facts found there was no unlawful assembly. .....

In Re: Ram Japu Rai and ors. Etc.

Court : Patna

..... even assuming it to be so, the mere fact that they had admitted having consumed the pera by itself would not make them co-conspirators or members of an unlawful assembly because there was no dispute about the fact that sudama devi had in fact performed the puja and had offered the prasad. ..... prosecution has not been able to make out a case of conspiracy against the appellants, nor is there any material on record from which one may reasonably infer that the appellants had formed themselves into an unlawful assembly, the common object of which was to poison the deceased.24. ..... from this fact alone it was sought to be argued that there was an unlawful assembly, the common object of which was to poison the deceased. ..... it was contended on behalf of the appellants that so far as the appellants except sudama devi are concerned, there is nothing on the record to establish that they had entered into a conspiracy or even formed themselves into an unlawful assembly, the common object of which was to poison the deceased. ..... even if it be assumed that they had admitted having taken the prasad in presence of the deceased, that by itself would not lead to an inference that they had formed themselves into an unlawful assembly with the common object of poisoning the deceased. .....

Ahmedmiya Ahmedji Vs. the Indian Hume Pipe Co. Ltd. and Another

Court : Mumbai

Reported in : 1998(1)BomCR81

..... act, 1971 inter alia seeking an injunction against the workers from resorting to the alleged unlawful activities like staging demonstrations at the residence of the manager and the officers, shouting abusive slogans etc. ..... the labour court also found that the petitioner had instigated the above unlawful strike and in the circumstances, the labour court came to the conclusion that the charges of misconduct levelled against the workman have been duly proved. ..... according to the written statement, the workers were adamant and they pressed their unlawful demands and although the company offered to refer the dispute to arbitration or adjudication, they insisted on proceeding on an illegal strike. ..... according to the statement of claim, the company had also resorted to above unlawful action in order to take revenge against those workers who gave up sarva shramik sangh and joined bharatiya kamgar sena and according to the workers the above action constituted victimization of the workers. ..... that he instigated the other workers who resorted to unlawful direct action as stated above. .....

Alamuri Lalitha Devi Vs. State of Andhra Pradesh

Court : Andhra Pradesh

Reported in : 1995(1)ALT(Cri)139; 1995CriLJ2127; I(1995)DMC217

..... the learned munsif found that the deceased was harassed by accused 1, 3 and 4 for not complying with their unlawful demands and further the deceased was compelled to give up her studies and on account of it, she was mentally upset. ..... to explanation (b) to section 498a ipc, it is not every harassment of a woman by the husband or his relatives that amounts to cruelty, but it should be with a definite object namely to coerce the woman or any person related to her to meet any unlawful demand or it should be on account of failure on her part or any person related to her to meet such demand. 12. ..... thus, on account of failure to comply with all these unlawful demands, the deceased was subjected to harrassment and cruelty. ..... , denied as having made any unlawful demands as alleged by the prosecution. .....

Gusani Steels (Pvt.) Ltd., Fatehnagar and Others Vs. Shantha Bai and O ...

Court : Andhra Pradesh

Reported in : 2000(3)ALD412

..... thus, indirectly the special court constituted under the act on the one hand decide the title and ownership of a person and on the other hand if it is found that the land in question is grabbed unlawfully and continued to be in unlawful possession, the special court by exercising its special powers, can pass an order of eviction of such person even by force and also launches criminal proceedings.32. ..... section 3 of the act declares that any land grabbing by any person in any form as unlawful and any activity therewith or arisen out of the said land grabbing is a offence punishable. ..... further, if any person continues to be in occupation even after the commencement of the act in unlawful way of the land grabbed belonging to the others shall again be guilty of offence punishable under the act. ..... according to him when the applicants failed to prove that the respondents are in unlawful possession of the property, the special court should not have ordered eviction of the respondents.27. ..... with a view to stop such unlawful activities of land grabbers, a.p. .....

Ram Prasad and ors. Vs. State, Through Jai NaraIn and anr.

Court : Allahabad

Reported in : AIR1952All878

..... they were not prejudiced by the fact that membership of an unlawful assembly was not specifieially mentioned in the charge. ..... it is stated, in the first instance, that the charge does not contain a statement to the effect that the accused persons were members of an unlawful assembly and therefore the conviction is bad. ..... the mention of section 149 was a clear indication that the accused were being treated as members of an unlawful assembly. .....

Bolineedi Venkataramaiah and Others Vs. State of Andhra Pradesh

Court : Supreme Court of India

Reported in : AIR1994SC76; 1994CriLJ61; 1994Supp(3)SCC732

..... the court has to look into the proved circumstances like the formation of the unlawful assembly, the weapons with which they were armed and the active role played by them. ..... no doubt, the witnesses have deposed that in the first instance when the unlawful assembly chased the deceased, these accused inflicted injuries, one on the right thigh, another on the left thigh and one on his back. ..... however, the proved circumstances established that they were members of the unlawful assembly, chased the deceased and necessarily they must have also inflicted injuries which ultimately proved fatal. 7. ..... the witnesses have consistently deposed that the members of the unlawful assembly chased the deceased and went into the house and inside the house only p.w. ..... the witnesses have consistently deposed that the members of the unlawful assembly of which these three appellants were members, chased the deceased armed with spears. .....

Raj Kishore Singh and ors. Vs. State of Bihar

Court : Supreme Court of India

Reported in : AIR1971SC1058; 1971CriLJ921; (1970)3SCC467

..... disputed land was with rajkishore singh and his party and the fact that three ploughmen were injured during the course of the occurrence it must be held that the appellants were the victims of unlawful aggression at the hands of their opponents and whatever injuries they may be found to have inflicted, were caused in exercise of the right of private defence. ..... therefore, it must be held that all these nine accused persons who had taken part in chase and assault became members of an unlawful assembly the common object of which was to assault the prosecution party and thereby committed the offence of rioting. ..... the likelihood of the infliction of grievous hurt by the unlawful assembly, having a common object of assaulting the prosecution party, who were chased while running away, is amply established and has been so found by the courts below. ..... when they were members of an unlawful assembly with common object to assault prosecution party and the members of that assembly were armed with deadly weapons, such as bhala, the least knowledge that can be attributed to them is that there was likelihood of ..... there being no unlawful assembly formed by the appellants section 149, i.p.c. .....

Commissioner of Income Tax and ors. Vs. Oriental Rubber Works

Court : Supreme Court of India

Reported in : (1984)38CTR(SC)154

..... by the authorised officer or the concerned ito seeking the commissioner's approval and (b) obtaining of the commissioner's approval for such extended retention and if either of these conditions is not fulfilled such extended retention will become unlawful and the concerned person (i.e. ..... books and documents and, therefore, the high court erroneously held that such extended retention of the seized books and documents without communicating the commissioner's approval and the reasons on which it is based was unlawful or illegal. ..... such communication must be made as expeditiously as possible after the passing of the order of approval by the commissioner and in default of such expeditious communication any further retention of the seized books or document would become in valid and unlawful. ..... documents and that since the approval of the commissioner and the recorded reasons therefor had not been communicated to the respondent-assessee, the retention of the books and documents beyond 180 days was unlawful. .....

Rattan Chand Hira Chand Vs. Askar Nawaz Jung (Dead) by Lrs and ors.

Court : Supreme Court of India

Reported in : JT1991(1)SC433; (1991)2MLJ14(SC); 1991(I)OLR(SC)504; 1991(1)SCALE200; (1991)3SCC67; [1991]1SCR327; 1991(2)LC36(SC)

..... the consideration or object of an agreement is unlawful when the court regards it as opposed to public policy. ..... every agreement of which the object or consideration is unlawful is void. ..... every agreement of which the object or consideration is unlawful is void. ..... in each of these cases the consideration or object of an agreement is said to be unlawful. .....