Whoever - Law Dictionary Search Results
Home Dictionary Name: whoeverWhoever marries
Whoever marries, the expression 'whoever.... marries' in s. 494 of the Penal Code, 1860, must mean 'whoever.... marries validly' or 'whoever.... marries and whose marriage is a valid one', Bhaurao Shankar Lokhande v. State of Maharashtra, AIR 1965 SC 1564: (1965) 2 SCR 837....
Whoever
Whoever, includes association of persons, such as firm, and does not connote natural person alone, M/s Rai Bahadur Seth Shreeram Durgaprasad v. Director of Enforcement, AIR 1987 SC 1364.The word 'whoever' in sub-s. (1) of s. 23 of the Foreign Exchange Regulation Act, 1947 before its amendment was comprehensive enough to include an association of persons, such as a firm, and did not connote a natural person alone, Rai Bahadur Seth Shreeram Durgaprasad v. Director of Enforcement, AIR 1987 SC 1364 (1367): (1987) 3 SCC 27: (1987) 3 SCR 137. [Foreign Exchange Regulation Act, 1947, s. 23(1), 239c), 12(c) (as stood prior to the Amendment Act, 39 of 1957]The word 'whoever' occurring at the opening part of s. 202 of the Penal Code refers to a person other than the offender and has no application to the person who is alleged to have committed the principal offence. This is so because there is no law which casts a duty on a criminal to give information which would incriminate himself. That apart ...
Whoever attempts to commit an offence
Whoever attempts to commit an offence, the expression 'whoever attempts to commit an offence' in s. 511 can only mean whoever intends to do a certain act with the intent or knowledge necessary for the commission of that offence, Om Prakah v. State of Punjab, AIR 1961 SC 1782 (1785): (1962) 2 SCR 254. (Indian Penal Code, s. 511)...
Whoever legally bound by an oath or by an express provisions of law to state the truth
Whoever legally bound by an oath or by an express provisions of law to state the truth, The opening words of s. 191 'whoever being legally bound by an oath or by an express provision of law to state the truth........' do not support the submission that a man who is not bound under the law to make an affidavit, can if he does make one, deliberately retrain from stating truthfully the facts which are within his knowledge. The meaning of these words is that whenever in a court of law a person binds himself on oath to state the truth he is bound to state the truth and he cannot be heard to say that he should not have gone into the witness box or should not have made an affidavit and therefore the submission that any false statement which he had made after taking the oath is not covered by the words of s. 191, IPC is not supportable. Whenever a man makes a statement in court on oath he is bound to state the truth and if he does not, he makes himself liable under the provisions of s. 193. It...
Whoever takes or entices any minor
Whoever takes or entices any minor, the word 'takes' does not necessarily connote taking by force and it is not connected only to use of force, actual or constructive. This word merely means, 'to cause to go', 'to escort' or 'to get into possession'. No doubt it does mean physical taking, but not necessarily by use of force or fraud. The word 'entice' seems to involve the idea of inducement or allurement by giving rise to hope or desire in the other, Thakorlal D. Vadgama v. State of Gujarat, AIR 1973 SC 2313: (1973) 2 SCC 413: (1974) 1 SCR 178....
Buyer
Buyer [fr. bycgan, bohte, A. S.; bygge, O. E.; to purchase for money] a purchaser. See CAVEAT EMPTOR.Means a person who buys or agrees to buy goods. [Sale of Goods Act, 1930 (3 of 1930), s. 2 (1)]Means whoever buys any goods or receives any services from a supplier for consideration. [Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act, 1993 (32 of 1993), s. 2 (c)]--'Buyer' would mean where a person by virtue of the payment gets a right to receive specific goods and not where he is merely allowed/permitted to carry on business in that trade, Union of India v. Om Prakash S. S. and Co., AIR 2001 SC 1202: (2001) 3 SCC 593. [Income-tax Act (43 of 1961), s. 206(c)] Means any generating company or licensee or consumer whose system receives electricity from the system of generating company or licensee, Central Electricity Authority (Installation and Operation of Meters) Regulations, 2006, Reg. 2(h).Means whoever buys any goods or receives any services from a ...
Fabricating false evidence
Fabricating false evidence, S. 192 (of IPC) defines compendiously the offence of fabricating false evidence. It reads thus:'Whoever causes any circumstances to exist... or makes any document containing a false statement intending that such circumstance..... or false statement may appear in evidence in a judicial proceeding..... and that such circumstance......... or false statement, so appearing in evidence, may cause any person who in such proceeding is to form an opinion upon the evidence, to entertain an erroneous opinion touching any point material to the result of such proceeding, is said to fabricate false evidence, Dr. S. Dutt v. State of U.P., AIR 1966 SC 523 (527): (1966) 1 SCR 493.Whoever causes any circumstance to exist or makes any false entry in any book or record, (or electronic record) or makes any document (or electronic record) containing a false statement, intending that such circumstance, false entry or false statement may appear in evidence in a judicial proceeding,...
Forgery
Forgery [fr. forger, Fr.; or fingo, Lat.], the crimen falsi, or the false making or alteration of an instrument, which purports on the face of it to be good and valid for the purposes for which it was created, with a design to defraud. The forged instrument must be false in itself. The mere subscribing a note, given as the party's own, by a fictitious name, was held not to be forgery, Reg. v. Martin, (1879) 5 QBD 34.The act of fraudulently making a false document or altering a real one to be used as if genuine, Black's Law Dictionary, 7th Edn., p. 661.Forgery at Common Law was a misdemeanour but most forgeries have been made felony by statute. Many of these statutes were consolidated by 11 Geo. 4 & 1 Wm. 4, c. 66, repealed and replaced by the Forgery Act, 1861 (24 & 25 Vict. c. 98), but the law now principally depends on the Forgery Act, 1913 (3 & 4 Geo. 5, c. 27, 'an Act to consolidate, simplify and amend the law relating to forgery and kindred offences.' It repeals such portions of s...
Wrongful restraint
Wrongful restraint, Whoever voluntarily obstructs any person so as the prevent that person from proceeding in any direction in which that person has a right to proceed, is said wrongfully to restrain that person. (Indina Penal Code, s. 339)Whoever voluntarily obstructs any person so as to prevent that person from proceeding in any direction in which that person has a right to proceed, is said wrongfully to restrain that person.Exception.-The obstruction of a private way over land or water which a person in good faith believes himself to have a lawful right to obstruct, is not an offence within the meaning of this section. (Indian Penal Code, s. 339)...
carnal knowledge
carnal knowledge : an act of esp. illegal sexual intercourse [whoever has carnal knowledge of a female forcibly and against her will "District of Columbia Code Annotated"] ;also : the crime of committing such an act [was charged with carnal knowledge of a juvenile] see also rape NOTE: Carnal knowledge is sometimes an element of the statutory definition of rape in addition to being a separate offense. ...
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