Court : Madhya Pradesh
Reported in : AIR1961MP316
..... to the subject, the state is always liable for their consequences for such-acts again, that is acts under this second sub-head which seek justification from municipal law, but eventually turn out to be unlawful or legally unwarranted, the state will be liable, except when they are done by officers of the state in the exercise of some statutory powers, conferred upon them as such officers, or where they are done otherwise by its ..... (3) it is also well settled that where a statute specially authorizes a certain act to be done by a certain person, which would otherwise be unlawful or actionable, no action will lie for the doing of the act. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1994(0)MPLJ452
..... in such a situation, if the' charge under section 149, indian penal code fails either by reason of the fact that unlawful assembly of five or more persons was not proved or some such reason, it is not open to the court to convict the accused persons of the substantive offence or offences, except when no prejudice would be caused to them if that course is ..... on the above facts, it was clearly established that all the accused/appellants had committed rioting in forming an unlawful assembly and in forcibly and physically carrying away deceased keshav from the house of palturam towards the house of appellant no. ..... charges when framed with the help of section 149, indian penal code, amount to telling the accused that they are constructively being held liable for offence committed by another, who was a member of the unlawful assembly, in which they were also the members. ..... of the charges framed against each accused person stated that he too had committed the said offence, beside being vicariously liable for that offence by reason of having been committed by another, being a member of the unlawful assembly. ..... it is also doubtful if there were at least 5 of the accused persons inside the room to form an unlawful assembly. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1996P& H207; (1996)113PLR707
..... passed the ejectment order dated 26-9-1983 by holding that the appellants took this land on chakota (rent) for 1977-78 only and after the expiry of the said period, their possession has clearly become unlawful and they are liable to be ejected.3. ..... public premises and land (eviction and rent recovery) act, 1972 (for short 'the 1972 act') alleging that the appellants were in unauthorised possession of the land in dispute and that they had retained it by unlawful means since 1-4-1978. ..... 1375/- per acre shows that the appellants were in possession of this land as a tenant and by no stretch of imagination their possession can be termed as unlawful. ..... it was pleaded that the appellants were in cultivating possession of the land as tenants gair maurusi on payment of annual rent at the rate of rs, 80/- per acre under the central government and it cannot be said that their possession is unlawful. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1974SC1892; 1975(0)BLJR233; [1974(29)FLR379]; (1974)2SCC533; [1975]1SCR703
..... they then referred to the reasoning of the learned authors that it the view of the privy council is right namely that 'agreements discovered to be void' apply to all agreements which are ab-initio void including agreements based on unlawful consideration, it follows that the person who has paid money or transferred property to another for an illegal purpose can recover it back from the transferee under this section even if the illegal purpose is carried into ..... there is nothing specific in section 65 indian contract act or its corresponding section of the hyderabad contract act to make it inapplicable to such cases.a person who, however, gives money for an unlawful purpose knowing it to be so, or in such circumstances that knowledge of illegality or unlawfulness can as a finding of fact be imputed to him the agreement under which the payment is made cannot on his part be said to be discovered to be void. ..... to the effect that section 65, indian contract act does not apply to agreements which are void under section 24 by reason of an unlawful consideration or object and there being no other provision in the act under which money paid for an unlawful purpose may be recovered back, an analogy of english law will be the best guide. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1995SC264; JT1994(6)SC514; 1994(4)SCALE494; (1994)6SCC632; [1994]Supp4SCR353
..... this right has two aspects which are but two faces of the same coin: (1) the general law of privacy which affords a tort action for damages resulting from an unlawful invasion of privacy and (2) the constitutional recognition given to the right to privacy which protects personal privacy against unlawful governmental invasion. ..... the right to privacy as an independent and distinctive concept originated in the field of tort law, under which a new cause of action for damages resulting from unlawful invasion of privacy was recognised. ..... they tend to make only statements which 'steer far wider of the unlawful zone. ..... writing an article in a magazine in the name of a condemned prisoner is against prison rules and your claim that the power of attorney is given by the prisoner is unlawful. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1965SC83; [1964]4SCR673
..... the assault on tikam in fulfilment of the common abject of the unlawful assembly was over when the unlawful assemble proceeded to the house of tikam to loot it. ..... 147 & 148 of the penal code for being members of an unlawful assembly, the common object of which was an attempt on puran's life. ..... the assault on tikam was over when the unlawful assembly formed its now common object namely the assault on puran. ..... the 11 accused in the second case appealed to the high court and were acquitted of the charge of being members of an unlawful assembly. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1990SC516; 1990(1)Crimes265(SC); JT1989(4)SC554; 1989(2)SCALE1326; (1990)1SCC291; [1989]Supp2SCR479
..... the order of detention was made under section 8 of the national security act, 1980 by the district magistrate on the ground that with a view to prevent the detenu from indulging in unlawful activities which are prejudicial to the maintenance of essential services and supplies required for public life it was necessary to keep him under detention. ..... was satisfied that the detenu had been engaged in criminal activities injurious to the maintenance of essential services and supplies required for public life and that with a view to prevent him from indulging in such unlawful activities it has become necessary to keep him under detention.4. ..... this unlawful act of yours and that of your accomplices is against the maintenance of essential services and supplies required for public order and life. ..... on which the district magistrate can come to a conclusion that there is inherent criminal propensity in the detenu which could lead the district magistrate to infer that there is every likelihood of the detenu repeating the alleged unlawful activity.3. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1983SC179; 1982(2)SCALE1325; (1983)1SCC431
..... yet the high court by a curious process of reasoning came to the conclusion that there was no unlawful assembly and that each of the accused persons was liable for his own individual act. ..... on appeal, the high court of maharashtra found that there was no unlawful assembly and therefore, acquitted all the accused of the various charges under sees. ..... even if they had come to the scene of offences separately and without any prior arrangement, on the facts of the case, clearly they had become members of an unlawful assembly when they joined together to assault the deceased. ..... accused in the case should consider themselves lucky in getting away with the charges under sec, 302 and 303 read with section 149, as it appeared to us that it was a clear case where they were members of an unlawful assembly, whose common object was to commit murder. ..... unfortunately, the high court has given a categoric finding that there was no common object and therefore, no unlawful assembly. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1980SC573; 1980CriLJ412; (1980)3SCC68; 1980(12)LC300(SC)
..... no overt act was ascribed to a5, reading the evidence of pwl as also the allegations made in the fir we are satisfied that there was no satisfactory evidence to prove the formation of any unlawful assembly at any time with the common object of assaulting or killing either the deceased francis or pw1. ..... in view of our finding that there is no evidence to substantiate the charge regarding the evidence to unlawful assembly of the accused persons we acquit all of them of the charges under sections 149, 148 and 147. ..... singh conceded that if the charge of unlawful assembly failed he would be only liable for having caused simple hurt by sharp cutting instrument, namely knife and would have to be convicted under section 324. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1987SC826; 1987(35)BLJR494; 1987CriLJ706; JT1987(1)SC465; 1987(1)SCALE374; (1987)1SCC679; 1987(1)LC671(SC)
..... it is submitted that after the acquittal of the three accused persons out of seven, the appellants who are the remaining four, cannot be held to have formed an unlawful assembly within the meaning of section 141 ipc and, accordingly, the charges under sections 148 and 149 ipc were not at all maintainable.9. ..... , on the acquittal of three accused persons, the remaining four accused, that is, the appellants, cannot be convicted under section 148 or section 149 ipc for any offence, for, the first condition to be fulfilled in designating an assembly an 'unlawful assembly'' is that such assembly must be of five or more persons, as required under section 141 ipc. ..... as the appellants were only four in number, there was no question of their forming an unlawful assembly within the meaning of section 141 ipc. .....
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