Penal Code - Law Dictionary Search Results
Lurking house-trespass
the building, tent or vessel which is the subject of the trespass, is said to commit 'lurking house-trespass'. (Penal Code, 1860, s. 443) Means that the accused took some active means to conceal their presence. The accused would … steps to escape notice, Nasiruddin v. State of Assam, AIR 1971 SC 1254 (1255): (1971) 3 SCC 408. (Penal Code, 1860, s. 457)
Mischief
situation thereof as destroys or diminishes its value or utility or affects it injuriously commits mischief. (See Indian Penal Code, s. 425). --This word is often used as signifying the object or purpose of a statute. It shall … or purpose of a statute. It shall have the same meaning as in s. 425 of the Indian Penal Code. [Prevention of Damage to Public Property Act, 1984, s. 2 (a)]
Obtaining or attempting to obtain
or 'attempting to obtain' can certainly include threat, K.P. Sinha v. Aftabuddin, AIR 1955 Pat 453 (456). (Indian Penal Code, s. 161) The word 'obtains' does not eliminate the idea of acceptance of what is given or offered … his position as a public servant. The word 'obtains' is used in ss. 161 and 165 of the Penal Code, Ram Krishan v. State of Delhi, AIR 1956 SC 476 (478): (1956) SCR 182. [Prevention of Corruption Act,
Keep your definitions linked to case research
Officer
be made by the government, Manshanker Prabhashanker Dwivedi v. State of Gujarat, AIR 1970 Guj 97 (102). (Indian Penal Code, s. 161) An 'officer' whether he occupies a specific office or not must be in the relation of … of the government, G.A. Monterio v. State of Ajmer, AIR 1957 SC 13 (16): (1956) SCR 682. [Indian Penal Code (45 of 1860), s. 21(9) (as in 1963)] The Railway Works Manager is an officer of the government,
Property mark, trade mark
Property mark, trade mark, a property mark, as defined by s. 479 of the Indian Penal Code means a mark used for denoting that a movable property belongs to a particular person. The distinction between … to be his, Sumat Prasead Jain v. Sheojonaw Prasad, AIR 1972 SC 2488 (2490): (1973) 1 SCC 56. [Penal Code, s. 479; Trade and Merchandise Marks Act, 1958, s. 2(1)(i) & (v)]
Stolen property
alleged to be the subject of such receiving, answers the description of 'stolen property' given in s. 410, Penal Code. Only such property possession whereof has been transferred by theft, or extortion or criminal misappropriation or other offences … definition of 'stolen property', Chandmal v. State of Rajasthan, AIR 1976 SC 917 (921): (1976) 1 SCC 621. (Penal Code, 1860, ss. 411, 410)
Soon before
laid down by fixing any time-limit, Vidhya Devi v. State of Haryana, (2004) 9 SCC 476 (480). [Indian Penal Code, s. 304B; Evidence Act, 1872, s. 113B] Soon before, is a relative term which is required to be … and the death, Kans Raj v. State of Punjab, AIR 2000 SC 2324 (2332): (2000) 5 SCC 207. [Penal Code, s. 304B and 498A, Evidence Act, 1872, s. 113B] Soon before, would normally imply that the interval should
Wrongful gain
to derive the master of it, Krishna Kumar v. Union of India, AIR 1959 SC 1390 (1392). (Indian Penal Code, s. 24) Wrongful gain is gain by unlawful means of property to which the person gaining is not … gain is gain by unlawful means of property to which the person gaining is not legally entitled. (Indian Penal Code, s. 23)
Intent and knowledge
Intent and knowledge, 'intent' and 'knowledge' in the ingredients of s. 299 of the Indian Penal Code postulate the existence of positive mental attitude and this mental condition is the special mens rea necessary for … State of Tamil Nadu, AIR 1976 SC 1519 (1524): (1976) 2 SCC 788. Knowledge in s. 304, Indian Penal Code, Part II is the knowledge of likelihood of death and the common intention is with regard to the
Theft and larceny
of property from the person legally entitled thereto, may amount to 'theft' under s. 378 of the Indian Penal Code, in this respect the offence differs from 'larceny' in English Law which contemplates permanent gain or loss, K.N. … gain or loss, K.N. Mehra v. State of Rajasthan AIR 1957 SC 369 (372): (1957) SCR 623. (Indian Penal Code, s. 378)
- ‹ Prev
- 1
- 2
- 3
- 5
- 6
- 7
- 8
- 9
- 10
- 11
- Next ›
- Last »
Try the research workspace - 7 days free