Court : Chennai
..... when a person is convicted at one trial of two or more offences, the court may, subject to the provisions of section 71 of the indian penal code (45 of 1860), sentence him for such offences, to the several punishments, prescribed therefore which such court is competent to inflict; such punishments when consisting of imprisonment ..... alleged offences punishable under ss,147, 148, 323 and 324 of the penal code, he would have in the meanwhile served, out the sentence .11. he also relied on a decision reported in 2007 (11) scc 243 (shantilal ..... however, sec.30 of the code makes a reasonable restriction.27. when a person is very poor and because of his poverty he could not pay the fine amount and is ..... in default of payment of fine, cannot run concurrently.26. in our considered opinion, the rule cannot prevail over the provision under the statute of code of criminal procedure. the fine is imposed as an appropriate punishment which operates directly on the very feeling which impelled a person to commit such offene. ..... no warrant for detaining him in jail. the production warrant issued by the judicial magistrate for trial under ss.147, 148, 323, 324 of ipc was without justification. the petitioner had been in jail for more than eight years and even if he were to be convicted for having committed the .....Tag this Judgment!
Court : Andhra Pradesh
..... of some other public servant to whom he is administratively subordinate;(b) (i) of any offence punishable under any of the following sections of the indian penal code (45 of 1860), namely sections 193 to 196 (both inclusive), 199, 200, 205 to 211 (both inclusive) and 228, when such offence is alleged to ..... given in evidence:(1) no court shall take cognizance:-(a)(i) of any offence punishable under section 172 to 188 (both inclusive) of the indian penal code (45 of 1860), or(ii) of any abetment of, or attempt to commit, such offence, or(iii) of any criminal conspiracy to commit such offence, ..... decided on the basis of the evidence adduced therein. however, there may be cases where the provisions of sections 41 to 43 of the indian evidence act, 1872, dealing with the relevance of previous judgments in subsequent cases may be taken into consideration."27. therefore the supreme court ..... citizens of the country, failing which the citizens have to face chaos in the society. they are to be well equipped with the penal laws together with relevant procedural laws to meet any requirement, which arises while discharging their duties.26. this position is well explained in ..... have been committed in, or in relation to, any proceeding in any court, or(ii) of any offence described in section 463, or punishable under section 471, section 475 or section 476 of the said code .....Tag this Judgment!
Court : Karnataka
Reported in : 2005CriLJ4619; ILR2005KAR5213; 2006(6)KarLJ440
..... evidence.-(1) no court shall take cognizance-(a) xxx xxx xxx xxx(b) (i) of any offence punishable under any of the following sections of the indian penal code (45 of 1860), namely, sections 193 to 196 (both inclusive), 1999, 200, 205 to 211 (both inclusive) and 228, when such offence is alleged to have been ..... , is based on the assumption that the chief executive officer of town panchayat is a court within the meaning of section 195(l)(b) of the code. sub-section (3) of section 195 legislatively defines the expression 'court' as meaning a civil, revenue or criminal court and includes a tribunal . constituted ..... . the trail court has issued process against the accused for the offences punishable under sections 120-b, 420, 193 r/w. section 34 of ipc.2. the complaint discloses that the accused has given a false affidavit before the executive officer of town panchayat and got her name mutated to the ..... cognizance of the offence based on the private complaint lodged by the private person i.e., respondent herein.4. section 193 of ipc does not come within the purview of section 195(1)(a) of cr.p.c. hence, the authority concerned need not file complaint. however, ..... committed in, or in relation to, any proceeding in any court, or(ii) of any offence described in section 463, or punishable under section 471, section 475 or section 476, of the said code .....Tag this Judgment!
Court : Supreme Court of India
..... of medical examination of the woman has been attached where investigation relates to an offence under section 376, 376a, 376b, 376c or 376d of the indian penal code(45 of 1860). (ii) the officer shall also communicate, in such manner as may be prescribed by the state government, the action taken by him, to ..... srinivas gundluri and smt. bharati devi, director and others under sections 405, 406, 418, 420, 427, 503, 504, 506/34 and 120b of indian penal code. all these are cognizable offences. therefore, application filed on behalf of the complainant under section 156 (3) cr.p.c. is allowed and original ..... against respondents-accused praying for taking cognizance against them under sections 405, 406, 418, 420, 427, 503, 504, 506/34 and 120b of indian penal code. it has been further prayed that case be sent to the concerned police officer under section 156 (3) cr.p.c. heard on the application ..... chief judicial magistrate korba (chhatisgarh)" from the above, it is clear that the magistrate only ordered investigation under section 156 (3) of the code. it also shows that the magistrate perused the complaint without examining the merits of the claim that there is sufficient ground for proceeding or not, ..... remedy, the respondent- sepco rushed to the magistrate and the magistrate committed an error in invoking jurisdiction under section 156 (3) of the code by directing the investigation officer concerned to submit a charge sheet in the court. he also submitted that inasmuch as the appellants, as on .....Tag this Judgment!
Court : Chennai
..... proceeding before the appellate tribunal shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 and for the purpose of section 196 of the indian penal code (45 of 1860), and the appellate tribunal shall be deemed to be a civil court for all the purposes of section 195 and chapter xxxv of the ..... a civil court in terms of section 131 of income tax act and it has the powers of criminal court in terms of sections 193 and 228 of indian penal code and section 195 of code of criminal procedure.5. in this context, we may also refer to the income tax appellate tribunal rules, 1963. the appellate tribunal rules are comprehensive enough to include ..... with such power under section 131 of the income tax act. that provision empowers the appellate tribunal to have the same powers that are vested in a court under the code of civil procedure, 1908, when trying a suit in respect of the following matters, namely:-- (a) discovery and inspection;(b) enforcing the attendance of any person, including any officer of ..... code of criminal procedure, 1898. for the purpose of exercise of power, the appellate tribunal shall be deemed to be a civil court for all the purposes under section 195 of chapter xxxv of the code of criminal .....Tag this Judgment!
Court : Chennai
..... any of the provisions of the act or these rules or has been convicted of an offence under section 161, read with section 139 or with section 116 of the indian penal code (45 of 1860).13. wherein it is very clearly stated that even in a case where licence has been granted, if the licensee violates any of the provisions of the act or .....Tag this Judgment!
Court : Kerala
Reported in : 2003(2)ALT(Cri)217; II(2003)DMC594; 2003(2)KLT946
..... presume that such person had caused the dowry death, explanation.- for the purpose of this section, 'dowry death' shall have the same meaning as in section 304b of the indian penal code (45 of 1860).'the ingredients to be satisfied for establishing an offence under section 304b are:'(1) the death of a woman was caused by burns or bodily injury or had occurred otherwise ..... by her husband or by such relative of her husband.explanation.- for the purposes of this section, 'cruelty' shall have the same meaning as in section 498a of the indian penal code (45 of 1860.)'in view of the above amendment, court can presume that the suicide was abetted by the husband or such relatives of the husband if a wife is shown to have ..... no possibility for sudhakumari to obtain furidan. unfortunately, as we have noticed earlier, the original investigation was very shabby and there is no charge-sheet under section 302 of the indian penal code. but, the incident happened in 1995. at this distance of time, we are not reopening that matter; but only considering whether on evidence on record ingredients of sections 304b and ..... of such treatment is not brought on record, before such alleged treatment and the date of death.'the expression death 'otherwise than under normal circumstances' used in section 304b of indian penal code would mean death not in the usual course (natural death)', but, apparently under suspicious circumstances, if not caused by burns or bodily injuries. in shanthi v. state of haryana (air .....Tag this Judgment!
Court : Supreme Court of India
Reported in : 1994SCC(3)569; JT1994(2)423
..... 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 he thinks fit, or on an application made by either of the ..... 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 english dictionary as "to assist or encourage, esp. in crime or wrong ..... definition of the expression 'scheduled offence' [vide section 2(1)(f)], various enactments including 58 sections under the indian penal code of which 23 are bailable were specified, the legislature by the amendment act 45 of 1985, published in the gazette of india, dated august 26, 1985, retained only sections 121, 121- ..... indication of comprehensive nature of this entry. it further empowers the legislature to make laws not only in respect of matters covered by the indian penal code but any other matter which could reasonably and justifiably be considered to be criminal in nature. terrorist or disruptive activity is criminal in content, ..... a, 122 and 123 of the indian penal code and sections 4 and 5 of the anti-hijacking act, 1982 and .....Tag this Judgment!
Court : Kerala
Reported in : I(1995)DMC287
..... the dowry death.explanation--for the purpose of this section, 'dowry death, shall have the same meaning as in section 304-b of the indian penal code (45 of 1860)'.the ingredients that are to be satisfied for establishing an offence under section 304-b are :(i) the death of a woman should be ..... relative of her husband.explanation--for the purposes of this section, 'cruelty' shall have the same meaning as in section 498-a of the indian penal code (45 of 1860)'.from the above section, it is evident that if a wife is shown to have committed suicide within a period of seven years from ..... before dealing with the evidence in this case, we consider it appropriate to understand the provisions of law applicable to a case of this nature. indian penal code was amended by introducing a new chapter as chapter xxa by the criminal law second amendment act of 1983. the chapter is given the title ..... proving the above ingredients, the offence that is committed by the accused can only be 'dowry death', as defined in section 304-b of the penal code.21. learned counsel representing the accused/respondents submitted that evidence in this case would only go to show that there was harassment, if at all ..... c, by directing the investigating officer to file charge-sheet against all the accused persons under section 304-b read with section 34 of the penal code. accordingly, pw-20 laid charge sheet for the said offence against all the accused. learned sessions judge framed charges against all the accused for offences .....Tag this Judgment!
Court : Supreme Court of India
..... .for the purposes of this section, "dowry death" shall have the same meaning as in section 304b of the indian penal code (45 of 1860)."9. on a plain reading of section 304b of the ipc, it is clear that where the death of a woman is caused by any burns or bodily injury within seven ..... hospital at sonepat and found krishna dead because of burns. a case was registered in p.s. gannaur under section 304b/341 of the indian penal code (for short 'the ipc'). investigation was conducted and charge-sheet was filed against devinder, his mother chand kaur and his brother's wife roshni. the appellants were put ..... the husband has not caused dowry death, the court cannot convict such person or husband for dowry death under section 304b of the ipc. section 304b, ipc, and section 113b of the indian evidence act, 1872, in other words, only provide what the court shall presume if the ingredients of the provisions are satisfied, ..... cr.p.c., that the deceased caught fire while she was preparing tea on the stove. the presumption in section 304b of the ipc and section 113b of the indian evidence act, 1872 that they had caused dowry death of the deceased, thus, stood rebutted by the evidence in this case. we find ..... whether the sessions court and the high court were right in holding the appellants guilty of the offence under section 304b, ipc. section 304b of the ipc and section 113b of the indian evidence act,1872 are to be read together and are quoted hereinbelow:"304b. dowry death.(1) where the death of a .....Tag this Judgment!