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Judgment Search Results Home > Cases Phrase: abetment criminal Page 1 of about 15,067 results (0.020 seconds)

May 09 2014 (HC)

Kaptan Singh @ Captan Singh @ Giani Vs.

Court : Punjab and Haryana

..... to the legal conditions required to constitute it an offence punishable under this chapter, if committed within india. . 8. in the absence of any evidence collected during investigation to prove abetment, criminal conspiracy to commit the offence under any provisions of ndps act, it will be sheer misuse of the process of court to proceed with the trial against the petitioner. admittedly, there ..... course of trial to prove the charge framed against the petitioner under section 29 read with section 21 ndps act. section 29 ndps act reads as follows:- 29. punishment for abetment and criminal conspiracy.-(l) whoever abets, or is a party to a criminal conspiracy to commit an offence punishable under this chapter, shall, whether such offence be or be not committed in consequence of such ..... this section, who, in india abets or is a party to the criminal conspiracy to the commission of any act in a place without and beyond india which (a) would ..... abetment or in pursuance of such criminal conspiracy, and notwithstanding anything contained in section 116 of the indian penal code (45 of 1860), be punishable with the punishment provided for the offence. (2) a person abets, or is a party to a criminal conspiracy to commit, an offence, within the meaning of .....

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Oct 04 2006 (HC)

Ms. Akanksha Amar Naik Vs. Government of India, Ministry of External A ...

Court : Mumbai

Reported in : 2007CriLJ575

..... and senior inspector of police, n.m. joshi marg police station has further apprehended that, if issued with a passport facility, applicant's passport may be utilised for aiding and abetting criminal activities of associate members of her father's gang. it was further apprehended that applicant's passport may be utilised for the activities prejudicial to the security and sovereignty of ..... and at present her uncle ashwin naik is carrying on gangland activities of her father's gang, there is a possibility of applicant's passport being misused for aiding and abetting criminal activities of associate members of said gang who were wanted and absconding' and hence her case was 'not recommended' for issuance of passport. sr. p.i. jayprakash nagappa giram has ..... leading this organised crime syndicate on the basis of which the respondent no. 2 has stated that there is a possibility of applicant's passport being misused for aiding and abetting criminal activities of associate members of said gang who are wanted and absconding. further in case the passport is issued to the petitioner, it is likely to be misused for facilitating ..... /abetting criminal acts of other members of the organised crime syndicate in india and abroad and thereby posing threat to the sovereignty and integrity of india and activities prejudicial to the friendly .....

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Jan 25 1999 (HC)

P. Nallammal and ors. Vs. State

Court : Chennai

Reported in : 1999CriLJ1591

..... the 1988 act have been provided for in the 1988 act itself. in respect of criminal misconduct falling under clauses (c) to (e) of sub-section (1) of section ..... section 13 of the 1988 act are offences of criminal misconduct by themselves and distinct, it is not possible to say that once sections 161 to 165-a of the indian penal code have been deleted and brought into the 1988 act, all offences of abetting criminal misconduct as set out under section 13 of ..... or implied, in the 1988 act with reference to the power of the prosecuting agency to proceed against a private individual against his alleged act of abetment in relation to the criminal misconduct of a public servant falling under clause (e) of sub-section (1) of section 13 of the 1988 act. in a.c. sharma ..... code, since deleted in it, does not give any indication that the legislature while framing the 1988 act intended to do away with the abetment of the offence of criminal misconduct falling under clause (e) to sub-section (1) of section 13 of the act read with section 109 of the indian penal ..... on sections 161 to 165-a of the indian penal code being deleted and brought into the 1988 act as separate sections, the offence of abetting an offence of criminal misconduct falling under clauses (c) to (e) read with section 109 of the indian penal code is completely wiped out the argument advanced .....

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Sep 26 1923 (PC)

The King Emperor Vs. Barendra Kumar Ghose

Court : Kolkata

Reported in : AIR1924Cal257

..... thereof, is said? to aid the doing of that act.' but as ii read the section it does not contemplate-the abettor being present when the abetted criminal act or offence is committed. the aid given at the time of commission referred to in exp. 2 seems to mean aid given at the time, ..... many cases in which no such liability can be proved.98. but supposing that i am wrong and that a person present aiding and abetting the commission of a criminal act or offence is punishable under section 109, a conviction thereunder could only be sustained if the part played by the abettor as accessory ..... with out distinction of leaders or followers,principals or subordinate agents...the indian law commissioners go on to refer to the corresponding articles, under the heading 'criminal agency and participation' of the digest of the english law prepared at a time when thoughts were entertained of codifying that law, a project afterwards abandoned ..... of the criminal law at page 236, as follows:every one is a party to and guilty of an indictable offence who(a) actually commits the offence, or does or omits to do any act the doing or omission of which forms part of the offences ; or(b) aids or abets any person ..... at the fact could be distinguished, from the part played by the principal in the first degree. the principal in the first: degree does not, as such, abet .....

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Sep 26 1923 (PC)

Emperor Vs. Barendra Kumar Ghose

Court : Kolkata

Reported in : 81Ind.Cas.353

..... thereby facilitates the commission thereof, is said to aid the doing of that act.' but as i read the section it does not contemplate the abettor being present, when the abetted criminal act or offence is committed. the aid given at the time of commission referred to in explanation 2 seems to mean aid given at the time but at such a ..... abettor, arid there are many cases in which no such liability can be proved.161. but supposing that i am wrong arid that a person present aiding and abetting the commission of a criminal act or offence is punishable under section 109, a conviction thereunder could only be sustained if the part played by the abettor as accessory at the fact could ..... i am not aware how the chafer on abetment came to take it's present form. considerable changes were made between 1847 (the year of the commissioner's' second report) and 1860, but of the reasons for those changes i know nothing.229. ghose, j.--one barendra kumar ghose, having at the last criminal sessions' been convicted by a special jury of ..... james stephen's history of the criminal law at page 236, as follows :222. 'every one is a party to and guilty of an indictable offence who223. '(a) actually commits the offence, or does or omits' to do any act, the doing or omission of which forms part of the offence; or224. '(b) aids or abets any person in the actual commission .....

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Sep 28 1972 (HC)

Shamrao Shivram Akhade and anr. Vs. State of Maharashtra

Court : Mumbai

Reported in : 1974CriLJ86; 1973MhLJ688

..... was the appellant before the supreme court, the view taken was that the entrustment of money was not proved, but that he can be said to have abetted criminal breach of trust by the subordinate judge himself who was merely a witness in those proceedings. the supreme court observed : 'in an appropriate case the ..... 34 of the indian penal code, it would not be illegal to alter the charge against accused nos. 4 to 6 to one of abetment of the offence of criminal misconduct, as no prejudice was likely to be caused to any of the accused by the court doing so. in taking that view, the ..... the purpose of showing the manner in which the provisions of sections 236 and 237 of the code of criminal procedure should be interpreted and applied. in my opinion, as far as the offence of abetment of kidnapping by the 1st accused is concerned, the facts and the evidence bring it within section 237 ..... that it was doubtful whether he had committed the substantive offence of kidnapping itself, or the offence of abetment of kidnapping. he could therefore, by virtue of the provisions of section 236 of the code of criminal procedure have been charged with both these offences. he was in fact, not so charged and, in ..... those circumstances, the provisions of section 237 of the code of criminal procedure are attracted i therefore hold that he can be convicted of the offence of abetment of kidnapping with which he might have been charged under the provisions of section 236 of the code of .....

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May 07 1965 (SC)

Baijnath Gupta and ors. Vs. the State of Madhya Pradesh

Court : Supreme Court of India

Reported in : AIR1966SC220; 1966CriLJ179; 1966MhLJ129(SC); [1966]1SCR210

..... against kale was that with regard to both rs. 21,450 and rs. 10,000 he wilfully made the false entries in the daily cash book and that he also abetted criminal breach of trust committed by gupta. it was stated by gupta in defence that he was not in possession of the safe or its keys or the cash of the ..... committed by the appellant kale. with regard to these two items appellant kale was charged under s. 477-a for falsification of accounts and under ss. 409/109 for abetment of criminal breach of trust committed by appelant--gupta. the indore electric power house was a government concern it the time the alleged offence was committed. the appellant--gupta-entered the service ..... finding of the lower courts that the appellant made the false entries in the account-books wilfully and with intent to defraud the power house and that he abetted appellant gupta in committing criminal breach of trust with regard to both the amounts in question. it also appears from the evidence of laxman, p.w. 6, and joshi, p.w. 3, that ..... but kale alleged that he made those entries at the instance of appellant gupta who was his office superintendent. it was pleaded by kale that he did not abet appellant gupta in the criminal misappropriation of the amounts. the trying magistrate held that appellant gupta was in charge of the cash, the safe and its key at the relevant period and that .....

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Apr 28 1938 (PC)

In Re: G. Anantachari and ors.

Court : Chennai

Reported in : (1938)2MLJ574

..... accounts this accused has been acquitted by the learned magistrate. the only charge in respect of which he was convicted is the charge of abetting criminal breach of trust by a public servant. the mere omission to bring certain facts within the knowledge of the accused to the notice of ..... of the learned magistrate. his argument was that the offence disclosed by the evidence might be one of cheating but cannot amount to any abetment of criminal breach of trust. the evidence clearly shows that cheques were being presented either by anantachari himself or caused by him to be presented for ..... at the time that such payment by the head cashier out of the corporation money would be criminal breach of trust by a public servant. the learned magistrate is of the opinion that the abetting by anantachari was by instigation, and after careful consideration i am of opinion that the learned ..... the abetter. it is impossible for any human tribunal to decide exactly how much the instigation actually weighed in the mind of the person abetted when he committed the act or offence. i am therefore of opinion that this argument does not really help the appellant anantachari. there is ..... in order to catch almost everyone connected with the defalcation, even though in a remote way. besides anantachari, the collection manager chinnaswami aiyar, appellant in criminal appeal no. 314 of 1937, thiruvengadathan chetty, the head cashier, and the assistant revenue officer, s.c. john, were all prosecuted besides the head .....

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May 16 1927 (FN)

Burns Vs. United States

Court : US Supreme Court

..... and assist in organizing, and was, is, and knowingly become a member of an organization, society, group and assemblage of persons organized and assembled to advocate, teach, aid, and abet criminal syndicalism, to-wit, the industrial workers of the world, commonly known as i.w.w." 1. plaintiff in error argues that he is entitled to a new trial because the ..... . . . organizes or assists in organizing, or is or knowingly becomes a member of, any organization, society, group or assemblage of persons organized or assembled to advocate, teach, or aid and abet criminal syndicalism, . . . is guilty of a felony. . . ." plaintiff in error here contends that, as applied in the district court, these provisions are repugnant to the due process and equal ..... of the judicial code before the amendment of february 13, 1925. the applicable provisions follow: "section 1. the term 'criminal syndicalism' as used in this act is hereby defined as any doctrine or precept advocating, teaching, or aiding and abetting the commission of crime, sabotage (which word is hereby defined as meaning willful and malicious physical damage or injury to ..... malicious damage or injury to physical property;" it is also to teach and abet "crime" and "unlawful methods of terrorism." p. 274 u. s. 332 . 4. in a prosecution under the california act against criminal syndicalism, it is not necessary to show that the elements of criminal syndicalism were advocated or taught with the precision of statement required in indictments for .....

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May 16 1927 (FN)

Whitney Vs. California

Court : US Supreme Court

..... jury in finding that the defendant became a member of and assisted in organizing the communist labor party of california, and that this was organized to advocate, teach, aid or abet criminal syndicalism as defined by the act, it is urged that the act, as here construed and applied, deprived the defendant of her liberty without due process of law in that ..... organize and assist in organizing, and was, is, and knowingly became a member of an organization, society, group and assemblage of persons organized and assembled to advocate, teach, aid and abet criminal syndicalism." it has long been settled that this court acquires no jurisdiction to review the judgment of a state court of last resort on a writ of error unless it ..... . organizes or assists in organizing, or is or knowingly becomes a member of, any organization, society, group or assemblage of persons organized or assembled to advocate, teach or aid and abet criminal syndicalism" "is guilty of a felony and punishable by imprisonment." the first count of the information, on which the conviction was had charged that, on or about november 28, 1919 ..... "organizes or assists in organizing, or is or knowingly becomes a member of, any organization, society, group or assemblage of persons organized or assembled to advocate, teach or aid and abet criminal syndicalism," is sufficiently clear and explicit to satisfy the requirement of due process of law. p. 274 u. s. 368 . 6. the statute does not violate the equal protection clause .....

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