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

Feb 17 1956

The Public Prosecutor Vs. Mulugu Jwala Subrahmanyara

  • Decided on : 17-Feb-1956

Court : Andhra Pradesh

Reported in : 1957CriLJ1389

... the said Mulugu Jwala Subrahmanyam, an offence punishable inter alia under Section 294-A of the Indian Penal Code, 1860 (Central Act XLV of 1860).2. Now, therefore, in exercise of the powers conferred by Section 196 of the Code of Criminal Procedure, 1898, (Central Act V of 1898), the ... Section 420, Indian Penal Code and the charge-sheet itself relate to both the offences under Sections 294-A and 420, Indian Penal Code. It is a report falling under Section 173, Criminal Procedure Code, so far as the offence under Section 420, Indian Penal Code, is concerned.No doubt, after the case was taken on file on the basis of the common charge-sheet for the offences under Sections 294-A and 420, Indian Penal Code ... Sections 294-A and 420, Indian Penal Code. It is a report falling under Section 173, Criminal Procedure Code, so far as the offence under Section 420, Indian Penal Code, is concerned.No doubt, after the case was taken on file on the basis of the common charge-sheet for the offences under Sections 294-A and 420, Indian Penal Code, the inquiry into the offence under Section ... Section 173, Criminal Procedure Code, so far as the offence under Section 420, Indian Penal Code, is concerned.No doubt, after the case was taken on file on the basis of the common charge-sheet for the offences under Sections 294-A and 420, Indian Penal Code, the inquiry into the offence under Section 420 was separated. But no separate charge-sheet or complaint was filed under the Section 294-A, Indian Penal Code ...

Dec 18 2003

Narendra H. Khurana and Ors. Vs. Commissioner of Police and Anr.

  • Decided on : 18-Dec-2003

Court : Mumbai

Reported in : 2004CriLJ3393; 2004(2)MhLj72

... purview of Section 294 of the Indian Penal Code having regard to the provision of Sections 87 and 88 of the Indian Penal Code pertaining to an act done by consent in good faith for person's benefit.6. Referring to these observations, the learned Single Judge, in this petition was of the view that no doubt that Section 294 of the Indian Penal Code required ... evidence of 'annoyance to others' the prosecution under Section 294 can withstand and further whether the restaurant where the show is conducted would be a public place within the meaning of Section 294 of Indian Penal Code or not.8. At the outset, we must refer to the provision of Section 294 of Indian Penal Code.'294. Obscene acts and songs.--Whoever, to the annoyance of ... Section 294 of the Indian Penal Code and secondly, if such performance is held in a restaurant on purchase of ticket, then whether it would warrant prosecution under Section 294 of Indian Penal Code. In other words, the query raised by the Single Judge required consideration to the effect that, whether in absence of evidence of 'annoyance to others' the prosecution under Section 294 ... under Section 294 of Indian Penal Code. In other words, the query raised by the Single Judge required consideration to the effect that, whether in absence of evidence of 'annoyance to others' the prosecution under Section 294 can withstand and further whether the restaurant where the show is conducted would be a public place within the meaning of Section 294 of Indian Penal Code ...

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 26 1993

Sugdeo Ramchandra Tayade Vs. State of Maharashtra

  • Decided on : 26-Oct-1993

Court : Mumbai

Reported in : 1994(2)BomCR54; 1994CriLJ2150

... No. 328/87 by the Judicial Magistrate First Class, Buldhana for offence under sections 448, 294 of Indian Penal Code and Section 7(1)(d) of PCR Act. In appeal, the conviction and sentence under section 294 Indian Penal Code and 7(1)(d) of the PCR Act was maintained, but the conviction under section 448 Indian Penal Code was set aside. 2. The facts which have given rise to ... guilty of offence under section 294, Indian Penal Code and also under section 7(1)(d) of PCR Act, but further found that the accused entered the office, since this was his place of employment. There was, therefore, no question of criminal trespass. The Court, therefore, acquitted the petitioner accused under section 448 of Indian Penal Code, but confirmed the conviction under section 294, Indian Penal Code and 7(1)(d ... the Protection of Civil Rights Act is set aside and he is acquitted of that charge. His conviction under Section 294, Indian Penal Code is confirmed. However, in the circumstances of the case, it is directed that he be released under Section 4 of the Probation of Offenders Act on probation of good conduct on his furnishing a personal Bond for Rs ... the accused was prosecuted in Crime No. 237/87 under sections 448, 294 Indian Penal Code and 7(1)(d) of PCR Act. The investigation comprised of statements of various witnesses and when the Court found prima facie case against the petitioner accused, the Court framed charge under the above sections. 3. The trial Court recorded the evidence of P.W ...

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 ...

Jul 10 1968

C.A. Ganapathy Vs. The Superintending Engineer, Vellore Electricity Sy ...

  • Decided on : 10-Jul-1968

Court : Chennai

Reported in : (1969)2MLJ202

... petitioner's learned Counsel that the offence under Section 294-A, Indian Penal Code, is purely technical and that no reasonable employer would construe it as a ground of misconduct on the part of a Subordinate. It is urged that a conviction under Section 294-A, Indian Penal Code, is similar to convictions for routine traffic offence under this M.V. Code, offences under the City Municipal Act, for ... Gour's Penal Law of India, which will be relevant in the context of the attack made by the petitioner's learned Counsel that the offence under Section 294-A, Indian Penal Code, is purely technical and that no reasonable employer would construe it as a ground of misconduct on the part of a Subordinate. It is urged that a conviction under Section 294-A, Indian Penal Code, is ... that before he could take part in such a lottery, prior approval of the Government under Section 294-A of the Indian Penal Code was necessary and that a lottery without such prior approval would be illegal. He was prosecuted for the contravention of Section 294-A of the Indian Penal Code before the Additional Sub-Magistrate, Vellore, convicted and fined Rs. 200. On 5th July, 1962, soon ... of North Arcot District, Vellore, has stated that Sri C.A. Ganapathy, Telephone operator (on leave) and Sri T. V. Selvaraj, N.M.R., have been convicted under Section 294-A of Indian Penal Code in C.C. No. 165 of 1962 of Sub-Magistrate I, Vellore.It is proposed to dismiss Sri C.A. Ganapathy and Sri T. V. Selvaraj, from service ...

Dec 02 2013

Abdul Karim Vs. The State of Maharashtra, through Police Station Offic ...

  • Decided on : 02-Dec-2013

Court : Mumbai - Nagpur

... , has submitted that the prosecution of the applicant for the offence punishable under Section 294(b) of the Indian Penal Code is an abuse of the process of law inasmuch as the complaint made by the non-applicant no.2 does not make out any offence punishable under Section 294(b) of the Indian Penal Code. According to the applicant, the filing of the complaint by the non- ... the application filed by the applicant and submitted that the contents of the complaint prima facie disclose an offence punishable under Section 294(b) of the Indian Penal Code and therefore, this Court should not exercise jurisdiction under Section 482 of the Criminal Procedure Code for quashing of the proceedings. 6. Mr. Ahmed, the learned counsel for the non-applicant no.2, has submitted that ... . 2. The applicant has approached this Court invoking the jurisdiction under Section 482 of the Criminal Procedure Code and praying for quashing of the Summary Criminal Case No.3271/2012 pending before the 5th J.M.F.C. Court, Akola for the offence punishable under Section 294 (b) of the Indian Penal Code which has arisen out of the Final Report No.96/2012 dated ... any case for prosecution of the applicant under Section 294(b) of the Indian Penal Code and the prosecution of the applicant for the above mentioned offence is an abuse of the process of law. Therefore, we are of the view that this is a fit case where jurisdiction under Section 482 of the Criminal Procedure Code has to be invoked and the prosecution of ...

Mar 09 1932

The Universal Mutual Aid and Poor Houses Association, Ltd. Vs. A.D. Th ...

  • Decided on : 09-Mar-1932

Court : Chennai

Reported in : AIR1933Mad16; (1932)63MLJ554

... the appellant company was illegal under Section 294-A of the Indian Penal Code. It was further contended that, as the company was formed for the purpose of benefiting charities and the lottery was merely an annexe to the original business, no offence can be held to have been committed. This, in my view, is clearly wrong. Section 294-A of the Indian Penal Code is sufficiently wide in its ... and the loans were not in the nature of prizes dependent on the chance of the draw.10. There is no definition of 'lottery' in the Indian Penal Code; so that the word, as it occurs in Section 294-A, Indian Penal Code, must bear its ordinary meaning, which is, a distribution of prizes by lot or chance without the use of skill : see Re International Securities Corporation ... authorised by Government, declared unauthorised lotteries to be common nuisances. But it was repealed by Act XXVII of 1870 which amended the Indian Penal Code by introducing Section 294-A. The illegal aspects of a lottery, therefore, have to be found in Section 294-A, and consist in the keeping of any office or place for the purpose of drawing any lottery not authorised by Government or ... is not a wagering contract within Section 30 of the Indian Contract Act even though some of the subscribers become by the rules entitled to get much more than they paid and such persons are determined by the drawing of lots. The headnote also states that this was not an offence within Section 294-A of the Indian Penal Code and it is this no doubt ...

Dec 20 2012

K.P.PARAMESWARAN NAIR Vs. STATE OF KERALA

  • Decided on : 20-Dec-2012

Court : Kerala

... of the Indian Penal Code. The sentences were directed to run concurrently. The petitioner filed Crl.Appeal No.495/2000 before the Vth Additional Sessions Judge, Ernakulam. The Additional Sessions Judge set aside the conviction for the offence under Section 353 of the Indian Penal Code, but confirmed the conviction and sentence for the offence punishable under Section 294(b) of the Indian Penal Code. The petitioner ... the Judicial First Class Magistrate's Court-II, Ernakulam. He was prosecuted for offences punishable under Sections 353 and 294 (b) of the Indian Penal Code. The prosecution case was that due to enmity towards PW1, on 30.9.1995, at about 3.45 p.m., the petitioner, after having consumed alcohol, assaulted CW1, who is a public servant, to ... not find any perversity in appreciation of evidence by the courts below in the matter of convicting the petitioner under Section 294(b) of the Indian Penal Code. Therefore, the conviction of the petitioner under Section 294 (b) of the Indian Penal Code does not require any interference at the hands of this Court.7. The learned counsel for the petitioner argues for ... Section 294(b) of the Indian Penal Code. The petitioner is challenging the judgments of the courts below. The learned counsel for the petitioner submits that the judgments of the courts below do not state the obscene words alleged to have been uttered by the petitioner and as such, the petitioner could not have been convicted under Section 294(b) of the Indian Penal Code ...

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