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Search Results Judgments > Phrase:INDIAN PENAL CODE (45 OF 1860) 1860 Section 294

Oct 02 1935

Sesha Aiyar Vs. Krishna Aiyar and Ors.

  • Decided on : 02-Oct-1935

Court : Chennai

Reported in : (1936)70MLJ36

... 45 drawings. There was thus a habitual and regular user of the portico for drawing the lottery and this in my opinion amounts to keeping a place for the purpose of drawing the lottery, within the meaning of Section 294-A of the Indian Penal Code. The Promoters would therefore be guilty under both clauses of Section 294-A of the Indian Penal Code ... ). Even in India, the prohibition was wider under Act V of 1844 but when incorporating this portion of the law into the Penal Code in 1860, the legislature has to some extent narrowed it. Under similar Acts in England much discussion has taken place as to the connotation ... Section 294-A of the Indian Penal Code. Though the interest of the moment has tempted them to plead that the case falls within Section 294-A, I am sure they would be the first to plead 'not guilty' if they were threatened with a prosecution. It is well settled that it is not sufficient for the purpose of the first part of Section 294 ... of that interpretation the Indian Penal Code, was amended by Act XXVII of 1870, Section 10, by enacting Section 294-A which it may be observed is more restricted in scope than that of Act V of 1844. Even after the introduction of that section, in Vasudeva Nambudri v. Mammod ... the same terms as Section 294-A, Indian Penal Code) to the effect that 'The other Act relied on had reference to persons who kept lottery offices at which the public were invited to buy lottery tickets'. It seems to me clear that Section 294-A has no reference ...

Oct 02 1935

Sesha Ayyar Vs. Krishna Ayyar

  • Decided on : 02-Oct-1935

Court : Chennai

Reported in : AIR1936Mad225; 162Ind.Cas.68

... the discontinuance of the kuri after 45 drawings. There was thus a habitual and regular user of the portico for drawing the lottery and this in my opinion amounts to keeping a place for the purpose of drawing the lottery, within the meaning of Section 294-A, Indian Penal Code. The promoters would therefore be guilty under both clauses of Section 294-A, Indian Penal Code; but lottery per se is ... an offence under Section 294-A, Indian Penal Code. Though the interest of the moment has attempted them to plead that the case falls within Section 294-A, I am sure they would be the first to plead 'not guilty' if they were threatened with a prosecution. It is well settled that it is not sufficient for the purposes of the first part of Section 294-A that the ... provision of an English Act which is not in the same terms as Section 294-A, Indian Penal Code) to the effect that:The other Act relied on had reference to persons who kept lottery offices at which the public were invited to buy lottery tickets.28. It seems to me clear that Section 294-A has no reference to keeping an office in which the public ... cannot be said to keep a lottery office with reference to Section 294-A, Indian Penal Code, unless there is something in the nature of a 'standing invitation to the public.' Hence apparently has arisen the theory that when there is a pre-determined number of subscribers there is no possibility of an offence under Section 294-A. With all respect for the learned Judges who have ...

Dec 01 2011

Thalava Vs. The State

  • Decided on : 01-Dec-2011

Court : Chennai

... Sections 294(b), 302 and 506(ii) of the Indian Penal Code. For offence under Section 294(b) of the Indian Penal Code, the learned Sessions Judge has sentenced him to pay a fine of Rs.500/- [no default sentence], for offence under Section 506(ii) of the Indian Penal Code, has sentenced him to undergo simple imprisonment for six months and for offence under Section 302 of the Indian Penal Code ... Indian Penal Code, since the accused had acted as a result of the sustained provocation. We find no force in the said argument. From the evidence of PW-1, it could be seen that initially there was a quarrel between the accused and the deceased at 03.00 PM. At that time, he had no weapon. Thereafter, the accused went away. After 45 ... Section 302 of the Indian Penal Code, and therefore, he is liable to be punished under Section 302 of the Indian Penal Code. Similarly, the offences under Sections 294(b) and 506(ii) of the Indian Penal Code also stand proved beyond reasonable doubts. 20. Now, coming to the quantum of punishment, the Trial Court has imposed only the minimum punishment of life imprisonment for offence under Section 302 of the Indian Penal Code ...

May 17 2001

Swaminath Singh Vs. State of M.P.

  • Decided on : 17-May-2001

Court : Madhya Pradesh

Reported in : 2002CriLJ1343; 2001(3)MPHT404

... guilty of offence under Sections 302, 120B read with Sections 302 and 218 of the Indian Penal Code and Section 27 of the Arms Act and sentenced him to undergo rigorous imprisonment for life for offence under Section 302 and 120B read with Section 302 of the Indian Penal Code and rigorous imprisonment for one year each for offence Under Section 218 of the Indian Penal Code and Section 27 of the ... T.T. Nagar where this appellant Swaminath was posted as Sub-Inspector. On the basis of the said report, appellant Swaminath registered crime No. 57/84 under Sections 294 and 506B of the Indian Penal Code against Shiv Prasad and in breach of the instructions given by his superiors and without informing them, appellant Swaminath went to Vidisha on 29-1-1984, ... doubt that appellant sent Shiv Prasad along with Constables Moolchand and Man Singh to Bhopal.27. P.W. 5 Moolchand had further stated in his evidence that after 45 minutes when he reached the Police Station T.T. Nagar, appellant sent a message that Shiv Prasad be brought to the Court for production and when he along ... Indian Penal Code and Section 27 of the Arms Act and sentenced him to undergo rigorous imprisonment for life for offence under Section 302 and 120B read with Section 302 of the Indian Penal Code and rigorous imprisonment for one year each for offence Under Section 218 of the Indian Penal Code and Section 27 of the Arms Act. Other accused persons were also found guilty of offence under Section 120B read with Section ...

Mar 11 1994

Kartar Singh Vs. State Of Punjab.

  • Decided on : 11-Mar-1994

Court : Supreme Court of India

Reported in : 1994SCC(3)569; JT1994(2)423

... the court. An exemption is given for the open court trial under Section 327(2) which is as follows : "Notwithstanding anything contained in sub- section (1) the inquiry into and trial of rape or an offence under Section 376, Section 376- A, Section 376-B, Section 376-C or Section 376-D of the Indian Penal Code (45 of 1860) shall be conducted in camera:Provided that the presiding judge may, if ... the TADA Act cannot be said to be prejudicial or less advantageous to the accused merely on the ground that the right of appeal provided under the Code of Criminal Procedure is taken away.294. Leave apart the question whether this provision entails or excludes a great deal of delay than the usual course of disposal of appeals, the indisputable reality is ... the act which is actually done by the person whom he abets.107. Section 3(1) of the General Clauses Act, 1897 gives the meaning of the word 'abet' thus:"3. (1) 'abet' with its grammatical variations and cognate expressions, shall have the same meaning as in the Indian Penal Code (45 of 1860);"108. The lexicon meaning of the word 'abet' is given in Collins ... the Indian Penal Code (45 of 1860) shall be conducted in camera:Provided that the presiding judge may, if he thinks fit, or on an application made by either of the parties, allow any particular person to have access to, or be or remain in, the room or building used by the court."271. We feel that no detailed discussion against the challenge of Section 16 ...

Oct 06 1938

Emperor Vs. Ramchandra Rango Sawkar

  • Decided on : 06-Oct-1938

Court : Mumbai

Reported in : AIR1939Bom129; (1939)41BOMLR98

... under Section 120B of the Indian Penal Code read with Section 39 of the Indian Electricity Act, and also Section 379 of the Indian Penal Code. Although upon the evidence it was held that the charge of conspiracy was not proved, the plea of misjoinder of persons and charges was rejected on the following among other grounds (p. 795):Nor is there any limit of number of offences specified in Section ... and stated in the judgment of the learned Chief Justice in In re Indrachand Bachraj (1931) 34 Bom. L.R. 294. According to that decision, if any of these proceedings were proceedings in or in relation to which the offence under Section 193 had been committed, a complaint of the Court in which those proceedings took place was necessary before cognizance ... the bank would have sued Joshi & Co, for the whole amount due. Defendants Nos. 4 and 6 in the suit make express reference to this bond in their written statements.45. Thus the alleged offences must be held to have been committed in reference to the winding-up proceedings as well as to the suit. Therefore, there being no complaint ... trust having regard to the provisions of Section 222, Sub-section (2), of the Criminal Procedure Code, There is no necessity in law for specifying particular items or exact dates. The difficult question is whether the other charges under Sections 477A and 193 read with Section 109 of the Indian Penal Code could be properly joined. Section 233 of the Criminal Procedure Code provides for charging an accused person ...

Feb 12 2009

Geeta Keshav Shankar @ Geeta Mukesh Kharwa and Gauri Manga Kharwa @ Wa ...

  • Decided on : 12-Feb-2009

Court : Mumbai

Reported in : 2009(111)BomLR1163

... substantial.64. Logical analysis of the above discussion leads us to one and the only one conclusion that the prosecution has failed to prove the charge of Section 302 read with Section 34 of the Indian Penal Code against all the accused, beyond reasonable doubt. The story of the prosecution suffers from doubt and improbabilities. Besides the prosecution having failed to bring the guilt of ... January, 2002 post mortem notes are admitted.' This obviously mean that counsel for accused made that statement in furtherance to the Court's query as contemplated under Section 294 of the Code of Criminal Procedure Code and at least it has so been noticed in the judgment of the trial Court. What exactly needs to be examined is whether the contents of those documents ... the words be added 'with which I stabbed A' these words are inadmissible since they do not relate to the discovery of the knife in the house of the informant.45. This principle was consistently approved by the Supreme Court and was reiterated with the approval in the case of Pandurang Kalu Patil and Anr. v. State of Maharashtra : 2002CriLJ1007 . The ... has convicted three accused viz. (i) Geeta Keshav Shankar @ Geeta Mukesh Kharwa, (ii) Gauri Manga Kharwa @ Wagheri, and (iii) Santosh Kanti Kharwa for an offence punishable under Section 302 read with Section 34 of the Indian Penal Code and sentenced them to suffer imprisonment for life and to pay fine of Rs. 1,000/each and in default to undergo simple imprisonment for a period ...

Mar 05 2008

Tej Singh Vs. State and Anr.

  • Decided on : 05-Mar-2008

Court : Delhi

Reported in : 154(2008)DLT242

... appellant under Section 218 IPC is affirmed. However, it is also to be seen that the appellant was just working and following the directions of his superior officers.18. In view of the above position of law, the appellant being Investigating officer of the case FIR No. 294/1987, in our view, is liable for conviction under Section 218 of the Indian Penal Code. It is ... Vihar. The family members and neighbours were harassed and beaten and were asked to produce the absconding duo Mahender and Ram Kumar.f) Ultimately on 24th August 1987 at 7.45 am (approximately), both Ram Kumar and Mahender were produced in the Police Station Vivek Vihar and their family members were let off.g) The Police subjected Mahender and Ram Kumar ... the Indian Penal Code and the judgment of the trial court in so far it convicts the appellant under Section 218 IPC is affirmed. However, it is also to be seen that the appellant was just working and following the directions of his superior officers.18. In view of the above position of law, the appellant being Investigating officer of the case FIR No. 294 ... which may extend to three years, or with fine, or with both.In our view the trial court rightly convicted the appellant under Section 218 of the Indian Penal Code but erred in convicting the appellant under Section 201 of the Indian Penal Code. The appellant did not cause any evidence of the commission of the offence to disappear but only prepared false documents such as personal search ...

Jul 04 1997

D.P. Anand Vs. State of Tamil Nadu and another

  • Decided on : 04-Jul-1997

Court : Chennai

Reported in : 1998CriLJ724; (1997)IIMLJ413

... and a subsequent raid by the police officials resulting in a criminal case in Crime No. 1738 of 1996 under Section 294(A) of Indian Penal Code, the renewal of the licence would be refused. The petitioner sent a reply on 18-1-1997. After about 45 days, by the letter dated 27-3-1997, the licence was refused. Before passing the said order, when the ... conditions of the licence. 12. In addition to this Section 76 of the Madras City Police Act provides for cancellation and suspension of any licence granted under the Act. That apart, under Section 76(A)(2) of the Act, for breach of conditions, conviction and fine are also contemplated. 13. Section 294 of the Indian Penal code provides for punishment for a term which may extend to ... also contemplated. 13. Section 294 of the Indian Penal code provides for punishment for a term which may extend to three months or fine or both, when any one does any obscene act in any public place, or sings, recites or utters any obscene songs, ballad or word. 14. Therefore, if a person performs obscene dance under a licence issued under Section 34 of the Madras ... complaint from Sashidaran, there was police raid and eight girls, who performed the dance and the petitioner were arrested. Case in AVS Crime No. 1738/96 was registered under Section 294(A) of Indian Penal Code. The pendency of the criminal case is not a bar to consider the request for renewal. The police party also witnessed the dance performance. It is stated that the ...

Dec 21 1970

Oregon v. Mitchell

  • Decided on : 21-Dec-1970

Court : US Supreme Court

... "the elective franchise." Ibid. That section now reads: "Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right ... Baxstrom v. Herold, 383 U. S. 107 , 383 U. S. 114 -115 (1966). Of course, many Americans in the 1860's rejected imputations that Negroes were unready for the franchise, and thus concluded that distinctions between the races ... on racial voting qualifications, could hardly have been unaware of 1. If they understood that section to forbid such qualifications, the simple means of penalizing this conduct would have been to impose a reduction of representation for voting discrimination in ... to vote unless he has registered in accordance with the provisions of this code. The provisions of this section, as modified by Sections 35 and 39 of this code, shall apply to all elections, including general, special, and primary elections, whether held ... their funds and maintain their business offices, and their agencies for the settlement of claims, outside the state." 294 U.S. at 294 U. S. 585 . [ Footnote 3/88 ] It might well be asked why this standard is not ... literacy tests, fairly administered, violate neither the Fourteenth nor the Fifteenth Amendment, Lassiter v. Northampton Election Board, 360 U. S. 45 (1959), we nevertheless upheld their selective proscription by Congress. South Carolina v. Katzenbach, 383 U. S. 301 (1966). Canvassing ...

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