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Judgment Search Results Home > Cases Phrase: calcutta police act 1866 Sorted by: recent Court: chhattisgarh Year: 2011 Page 1 of about 23 results (0.020 seconds)

Dec 13 2011 (HC)

Prakash Pannalal and Another Vs. Nalini Dholkia

Court : Chhattisgarh

Decided on : Dec-13-2011

..... (2) where the allegations in the first information report and other materials, if any, accompanying the fir do not disclose a cognizable offence, justifying an investigation by police officers under section 156(1) of the code except under an order of a magistrate within the purview of section 155(2) of the code. (3) where ..... the acceptability of which is essentially a matter for trial. while exercising jurisdiction under section 482 of the code, it is not permissible for the court to act as if it was a trial judge." 25. in our judgment, the above observations cannot be read to mean that in a criminal case where trial ..... required to be adopted by the high court, in following words" "10. the high court, therefore, should have posed a question as to whether any act of inducement on the part of the appellant has been raised by the second respondent and whether the appellant had an intention to cheat him from the very ..... omit to do if he were not so deceived. in the first class of cases, the inducing must be fraudulent or dishonest. in the second class of acts, the inducing must be intentional but need not be fraudulent or dishonest. therefore, it is the intention which is the gist of the offence. to hold ..... intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to "cheat". explanation- a .....

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Nov 17 2011 (HC)

Tata Engineering and Locomotive Company Ltd and Another Vs. State of M ...

Court : Chhattisgarh

Decided on : Nov-17-2011

..... the accused. (2) where the allegations in the first information report and other materials, if any, accompanying the fir do not disclose a cognizable offence, justifying an investigation by police officers under section 156(1) of the code except under an order of a magistrate within the purview of section 155(2) of the code. (3) where the uncontroverted allegations ..... personally liable for commission of such an offence would be vicariously liable therefor. such vicarious liability can be inferred so far as a company registered or incorporated under the companies act, 1956 is concerned only if the requisite statements, which are required to be averred in the complaint petition, are made so as to make the accused therein vicariously liable ..... the directors are in- charge and responsible for the conduct of the business of the company and mere use of statutory language incorporated in section 141 of the n.i. act, which too is vaguely worded, registration of offence and initiation of prosecution is impermissible in law. the next submission of learned senior counsel is that even according to the ..... of complaint, the complainant -respondent no.2 examined himself. after his examination, vide order dated 24.6.2000, the learned magistrate registered offence under section 138 of the n.i. act and directed issuance of summons, which is now under challenge before this court. 3. learned senior counsel appearing for the petitioners contended, in extenso, placing reliance upon several authorities, .....

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Oct 20 2011 (HC)

Shekh Ram Yadav Vs. State of Mp Now State of Chhattisgarh

Court : Chhattisgarh

Decided on : Oct-20-2011

..... deceased in the hospital and this fact would have taken place in the entries of the bed head ticket (ex.p-11). the doctor would have informed police also and took steps in regard to recording of dying declaration of the deceased. no such steps were taken in this case, therefore, making of any ..... -stick. 13. khorbahara (pw-18) deposed that on being asked, the deceased told him that the appellant set her on fire and fled. she was taken to police station. 14. suklal (pw-17) also deposed that on being asked, the deceased told him that the appellant set her on fire. at that time, purshottam ( ..... no doubt can form the basis of conviction, though the courts seek for corroboration as a rule of prudence. but, before the said declaration can be acted upon, the court must be satisfied about the truthfulness of the same and that the said declaration was made by the deceased while he was in a ..... to the statement before acting upon it. while great solemnity and sanctity is attached to the words of a dying man because a person on the verge of death is not ..... (pw-4), dulari (pw-6), suklal (pw-17) and khorbahara (pw-18). 6. the dying declaration is undoubtedly admissible under section 32 of the evidence act and not being a statement on oath so that its truth could be tested by cross-examination, the courts have to apply the strictest scrutiny and the closest circumspection .....

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Oct 17 2011 (HC)

Manoj Kumar Sharma and Others Vs. State of Chhattisgarh and Others

Court : Chhattisgarh

Decided on : Oct-17-2011

..... it is then contended that from the fir and the statements recorded by the police during investigation, there is no iota of evidence of demand of dowry or any cruelty soon before death or any overt act by the petitioners so as to prima facie make out a case of commission ..... said word. section 139 of the code of criminal procedure of 1861 (act 25 of 1861) passed by the legislative council of india read that `every complaint or information' preferred to an officer in charge of a police station should be reduced into writing which provision was subsequently modified by section ..... 112 of the code of 1872 (act 10 of 1872) which thereafter read that `every complaint' preferred to an officer in charge of a police station shall be reduced in writing. the word `complaint' which occurred in previous two ..... codes of 1861 and 1872 was deleted and in that place the word `information' was used in the codes of 1882 and 1898 which word is now used in sections 154, 155, 157 and 190(c) of the present code of 1973 (act ..... case, appreciating the submission that the offence was alleged to have been committed at patiala, the high court arrived at the conclusion that the police of police station - paschim vihar, new delhi was not having territorial jurisdiction to entertain and investigate the fir lodged therein. the supreme court, holding that .....

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Aug 11 2011 (HC)

Matoshri Developers and Another Vs. State of Chhattisgarh and Others

Court : Chhattisgarh

Decided on : Aug-11-2011

..... , the allegations in the fir do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a magistrate as contemplated under section 155(2) of the code.(5) where the allegations made in the fir or ..... the allegations in the first information report and other materials, if any, accompanying the fir do not disclose a cognizable offence, justifying an investigation by police officers under section 156(1) of the code except under an order of a magistrate within the purview of section 155(2) of the code.( ..... royal vision.14. on considering the overall facts recorded in the fir and other documents i.e. statements of the various villagers produced by the police, this is not a case, wherein, it can be held that no prima facie case has been made out for investigation and further filing ..... by the petitioners under the provisions of the adhiniyam, 1973 and, as such, the case was rightly investigated by the police under the provisions of the crpc.13. the petitioners have acted as an agent of royal vision. during pendency of this petition, respondent no.6 (royal vision) was deleted at the ..... royal vision and thereby they committed cheating by executing a false agreement of sale. the petitioners are creating obstacles in investigation of the matter by the police. during the course of investigation, notices have been served upon the petitioners. the petitioners replied to the same, but they are avoiding to produce .....

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Jul 22 2011 (HC)

Ramsharan Ramvagas Lohar Vs. State of Madhya Pradesh

Court : Chhattisgarh

Decided on : Jul-22-2011

..... s case (supra), the honble supreme court has held thus: 9. the statement, ex.p-14, was made by bahadur singh at the police station by way of a first information report. it is after the information was recorded, and indeed because of it, that the investigation commenced and ..... under section 161 of the code of criminal procedure. in cross-examination, in paragraph 5, he has specifically stated that the deceased was taken to the police station in a bullock cart and at that time, the deceased was conscious. tirithbai (pw-3) has stated in paragraph 1 that her husband ..... occurrence, also ran away from the spot. 8. tirithbai (pw-3) has stated that her husband (the deceased) had lodged the first information report at police station akaltara. ghasiyaram (pw-4) has also stated that jethuram (the deceased) had lodged the first information report. gopal pandey, assistant sub-inspector (pw-11 ..... and his brother ghasiyaram (pw-4) about the assault given to him by the appellant with the lathi. thereafter, the deceased was taken to the police station akaltara. the deceased himself lodged first information report (ex. p-18). the deceased was sent to the district hospital, bilaspur, where he succumbed to ..... sc 2199 that: 5 after making the statement before the police, bahadur singh succumbed to his injuries and therefore the statement can be treated as a dying declaration and is admissible under section 32(1) of the evidence act. the maker of the statement is dead and the statement relates to .....

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Mar 29 2011 (HC)

Anjordas and Another Vs. State of Chhattisgarh

Court : Chhattisgarh

Decided on : Mar-29-2011

..... for collecting waste material) (ghurwa). rajkumar kurre (pw-8) informed his grandfather guhan (pw-2) and kotwar prakash das (pw-9) who went police station for lodging report and lodged rojnamcha sanha vide ex.p/46a. investigating officer n.p.mishra (pw-14) left for scene of occurrence after recording ..... statements, one betel axe, one axe and stick have been recovered from well. these witnesses have not deposed that they have been compelled by police or any authority to sign the aforesaid documents.33. if the accused persons have not made disclosure statements and if the articles have not been ..... commission of offence and only person concerned would be in a position to explain that what was his intention or motive behind commission of any act.35. in the present case, no clear motive for commission of four murders have been established by prosecution but multiple fatal injuries found over ..... the matter of ram kumar pande (supra), omissions of important facts, affecting the probabilities of the case, are relevant under section 11 of the evidence act in judging the veracity of the prosecution case. in the present case, there are no any omissions of important facts. therefore, facts of the case ..... which the supreme court has held that omissions of important facts, affecting the probabilities of the case, are relevant under section 11 of the evidence act in judging the veracity of the prosecution case. learned counsel also placed reliance in the matter of k.ashokan v. state of kerla3 in .....

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Mar 10 2011 (HC)

Rakesh Gautam and Others Vs. State of Chhattisgarh

Court : Chhattisgarh

Decided on : Mar-10-2011

..... ; the bride (deceased) was even not competent to give consent or valid marriage was not possible in terms of section 5 of the hindu marriage act, 1955; only after gouna ceremony i.e. after two years of the alleged marriage, she went to the house of her husband for discharging her ..... attaining the age of eighteen years.explanation.-this clause applies whether the marriage was solemnized before or after the commencement of the marriage laws (amendment) act, 1976 (68 of 1976)."in case of marriage of bride who has not attained the age of 15 years at the time of her marriage, ..... the marriage ignorant of the facts alleged;(ii) that proceedings have been instituted in the case of a marriage solemnized before the commencement of this act within one year of such commencement and in the case of marriages solemnized after such commencement within one year from the date of the marriage; ..... bridegroom and the bride jointly before the sacred fire), the marriage becomes complete and binding when the seventh step is taken. a hindu marriage under the act must be solemnized in accordance with the customary rites and ceremonies of at least one of the two parties thereto.10. marriage solemnized contrary to clauses ..... trial court is sustainable under the law and if gouna ceremony is not considered as essential part of marriage, presumption under section 113a of the act would not be available and charge framed against the applicants under section 304b of the ipc would not be sustainable under the law.8. both .....

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Mar 04 2011 (HC)

Nag Singh and Others Vs. State of Chhattisgarh

Court : Chhattisgarh

Decided on : Mar-04-2011

..... declaration relating to involvement of appellants punit and rohit to police and has disclosed the same after eleven days of the incident. there was no circumstance or propriety for non-disclosure of names of assailants for eleven days. ..... four rohit and punit were present. he was under threat and after eleven days of incident he narrated the incident relating to factum of dying declaration to police vide ex.d/5. after summoning the witnesses vide ex.p/5, inquest over dead body of bhalaram was prepared vide ex.p/6. investigating ..... .c. are hereby set aside. however, conviction and sentences of appellants rohit and nag singh under sections 25 (1) (b) and 27 of the arms act are hereby maintained. present appellants rohit and nag singh are in custody for more than three years and other appellants have been acquitted of the charges, therefore, ..... well established rule of law that quality and not quantity of evidence. in such case the court has to consider whether it can be reasonably satisfied to act even upon the testimony of a single witness for the purpose of convicting a person.24. santram (pw-11) has not stated the factum of dying ..... fifteen days on each default. the trial court has also convicted appellants rohit and nag singh under sections 25 (1) (b) and 27 of the arms act and sentenced them to undergo r.i. for three years and fine of rs.100/-, in default of payment of fine to further undergo s.i. for .....

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Dec 16 2011 (HC)

Asit Kumar Sen Gupta Vs. State of Chhattisgarh

Court : Chhattisgarh

Decided on : Dec-16-2011

..... their testimony cannot be relied upon. it has also been held that the presumption that a person acts honestly applies as much in favour of a police personnel as of other persons and it is not a proper judicial approach to distrust and suspect them without good grounds. ..... maksudan paul in their case diary statements and these witnesses have also said that there was no pressure on them while making such statements to the police. all these witnesses have turned hostile later on, but as already discussed, statement of a hostile witness cannot be discarded at the threshold. ..... madhya pradesh {(1991) 3 scc 627}. 36. relying on the evidence of witnesses who have proved the seizure of articles from the appellant and the police officers, this court finds that there is enough corroboration available on record to hold that the appellant was exciting and encouraging the people to wage war ..... 32. in karamjit singh vs. state (delhi administration) {(2003) 5 scc 291}, it has been held in para-8 that the testimony of police personnel should be treated in the same manner as testimony of any other witness and there is no principle of law that without corroboration by independent witnesses ..... 2005 and the act of 1967. 39. in the matter of arup bhuyan (supra), allegation against him was that he was a member of ulfa and the only material against him was his alleged confessional statement made before the superintendent of police in which he is said to have identified the .....

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