Penal Code - Law Dictionary Search Results
Trade mark and property mark
way to the market. On the other hand, a property mark, as defined by s. 479 of the Penal Code means a mark used for denoting that a movable property belongs to a particular person. Thus, the distinction … 1 SCC 56: AIR 1972 SC 2488 (2490). [Trade and Merchandise Marks Act, 1958, s. 2(1)(i) and (r); Penal Code, 1860, s. 479]
Undue advantage
Mayadhar Paramanik v. State, (1971) Cut LT 582; Prakash Chand v. State of H.P., (2004) 11 SCC 381. (Penal Code, 1860, s. 300 Excep. 4) The expression 'undue advantage' as used in the provision means 'unfair advantage', Ghapoo … 'unfair advantage', Ghapoo Yadav v. State of Madhya Pradesh, AIR 2003 SC 1620 (1622): (2003) 3 SCC 528. [Penal Code (45 of 1860), s. 300, Expl. 4] The expression undue advantage means 'unfair advantage', Naveen Chandra v. State
Whoever legally bound by an oath or by an express provisions of law to state the truth
the truth, Ranjit Singh v. State of Pepsu, AIR 1959 SC 843: 1959 Supp (2) SCR 727. (Indian Penal Code, s. 191)
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Wrongful confinement
State of Madhya Pradesh, AIR 1972 SC 886: (1972) 1 SCC 764 (770): (1972) 3 SCR 422. (Indian Penal Code, s. 342) Whoever wrongfully restrains any person in such a manner as to prevent that person from proceedings … to prevent that person from proceedings beyond certain circumscribing limits, is said 'wrongfully to confine' that person. (Indian Penal Code, s. 340)
Keeping
necessity arises, State of Haryana v. Raja Ram, (1973) 1 SCC 544: AIR 1973 SC 819 (822). (Indian Penal Code, s. 361) The words 'takes or entices any minor... out of the keeping of the lawful guardian of … the minor being available, whenever necessity arises, Parkash v. State of Haryana, (2004) 1 SCC 339 (342). (Indian Penal Code, s. 361)
Criminal Act
Criminal Act, the Criminal Act mentioned in s. 34 of the Indian Penal Code is the result of the concerted action of the more than one person; if the said result was … himself, Shankarlal Kacharabhai v. State of Gujarat, AIR 1965 SC 1260 (1262): (1965) 2 Cri LJ 226. (Indian Penal Code, 1860, ss. 34 and 301)
In order to
In order to, the words 'in order to' have been used in s. 449, Penal Code to mean with the purpose of. Whether or not the purpose was actually accomplished is quite irrelevant, Matiullah … irrelevant, Matiullah Sheikh v. State of West Bengal, AIR 1965 SC 132 (133): (1964) 6 SCR 978. (Indian Penal Code, s. 449)
Criminal trespass
trespass, every trespass does not amount to criminal trespass within the meaning of s. 441 of the Indian Penal Code. In order to satisfy the conditions of s. 441 it must be established that the appellant entered possession … amount to criminal trespass, Kanwal Sood v. Naval Kishore, (1983) 3 SCC 25: AIR 1983 SC 159 (161). [Penal Code, 1860, s. 441]
substantial capacity test
her conduct or to conform the conduct to the requirements of the law called also ALI test Model Penal Code test compare diminished capacity, irresistible impulse test, m'naghten test NOTE: This test was first formulated in the Model … test compare diminished capacity, irresistible impulse test, m'naghten test NOTE: This test was first formulated in the Model Penal Code and has been adopted by many jurisdictions.
Abduction
be with the intention of abducting , and whenever these elements are present the clause will be applicable (Penal Code 1860), Vishwanath v. State of Uttar Pradesh, (1960) 1 SCR 646: AIR 1960 SC 67. Takes place when
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