Bare Act Search Results
Home Bare Acts Phrase: implied acquittalCode of Criminal Procedure, 1973 Section 378
Title: Appeal in Case of Acquittal
State: Central
Year: 1973
.....of acquittal. (6) If, in any case, the application under sub-section (4) for the grant of special leave to appeal from an order of acquittal is refused, no appeal from that order of acquittal shall lie under sub-section (1) or under sub-section (2). ______________________ 1. Inserted by Act 45 of 1978, section 30 (w.e.f. 18-12-1978). 2. Substituted vide The Code of Criminal Procedure (Amendment) Act, 2005. Earlier the text was as under: "the State Government may, in any case, direct the Public Prosecutor to present an appeal to the High Court from an original or appellate order of acquittal passed by any Court other than a High Court 1 [or an order of acquittal passed by the Court of Session in revision]" 3. Substituted vide The Code of Criminal Procedure (Amendment) Act, 2005. Earlier the text was as under: "the Central Government may also direct the Public Prosecutor to present an appeal, subject to the provisions of sub-section (3), to the High Court from the order of acquittal"
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Section 298
Title: Previous Conviction of Acquittal How Proved
State: Central
Year: 1973
In any inquiry, trial or other proceeding under this Code, a previous conviction or acquittal may be proved, in addition to any other mode provided by any, law for the time being in force, (a) by an extract certified under the hand of the officer having the custody of the records of the Court in which such conviction or acquittal was held, to be a copy of the sentence or order, or (b) in case of a conviction, either by a certificate signed by the officer in charge of the jail in which the punishment or any part thereof was undergone, or by production of the warrant of commitment under which the punishment was suffered. together with, in each of such cases evidence as to the identity of the accused person with the person so convicted or acquitted.
View Complete Act List Judgments citing this sectionCompanies Act, 1956 Section 624B
Title: Appeal Against Acquittal
State: Central
Year: 1956
1[624B. Appeal against acquittal Notwithstanding anything contained in the Code of Criminal Procedure, 1898 ( 5 of 1898 )2the Central Government may, in any case arising out of this Act, direct any company prosecutor or authorise any other person either by name or by virtue of hi s office, to present an appeal from an order of acquittal passed by any court other than a High Court and an appeal presented by such prosecutor or other person shall be deemed to have been validly presented to the appellate court.] _________________________ 1. Inserted by Act 65 of 1960, Section 203 ( w.e.f. 28-12-1960). 2. See now the Code of Criminal Procedure, 1973 (2 of 1974).
View Complete Act List Judgments citing this sectionHire-purchase Act, 1972 [Repealed] Section 6
Title: Warranties and Conditions to Be Implied in Hire-purchase Agreements
State: Central
Year: 1972
.....and if the goods are let tinder the agreement by reference to a sample as well as by description, it shall not be sufficient mat the bulk of the goods correspond with the sample if the goods do not also correspond with the description. (6) An owner shall not be entitled to rely on any provision in a hire-purchase agreement excluding or modifying the condition set out in sub-section (3) unless he proves that before the agreement was made the provision was brought to the notice of the hirer and its effect made clear to him. (7) Nothing in this section shall prejudice the operation of any other enactment or rule of iaw whereby any condition or warranty is to be implied in any hire-purchase agreement.
View Complete Act List Judgments citing this sectionSale of Goods Act, 1930 Section 16
Title: Implied Conditions as to Quality or Fitness
State: Central
Year: 1930
.....are required, soas to showthat the buyer relies on the seller's skill or judgment, and the goods are of adescription which it is in the course of the seller's business to supply (whetherhe is the manufacturer or producer or not), there is an implied condition thatthe goods shallbe reasonably fit for such purpose: Providedthat, in the case of a contract for the sale of a specified article under itspatent or othertrade name, there is no implied condition as to its fitness for any particularpurpose. (2) Where goods are bought by description from aseller who deals in goods of that description (whether he is the manufactureror producer or not), there is an implied condition that the goodsshall be ofmerchantable quality: Providedthat, if the buyer has examined the goods, there shall be no implied condition as regards defectswhich such examination ought to have revealed. (3) An implied warranty or condition as to quality orfitness for a particular purpose may be annexed by the usage of trade. (4) An express warranty or condition does notnegative a warranty or condition implied by this Act unless inconsistenttherewith.
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Section 232
Title: Acquittal
State: Central
Year: 1973
If after taking the evidence for the prosecution, examining the accused and hearing the prosecution and the defence on the point, the Judge considers that there is no evidence that the accused committed the offence, the judge shall record an order of acquittal.
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Section 248
Title: Acquittal or Conviction
State: Central
Year: 1973
(1) If, in any case under this Chapter in which a charge has been framed, the Magistrate finds the accused not guilty, he shall record an order of acquittal. (2) Where, in any case under this Chapter, the Magistrate finds the accused guilty, hut does not proceed in accordance with the provisions of section 325 or section 360, he shall, after hearing the accused on the question of sentence, pass sentence upon him according to law. (3) Where, in any case under this Chapter, a previous conviction is charged under the provisions of sub-section (7) of section 211 and the accused does not admit that he has been previously convicted as alleged in the charge, the Magistrate may, after he has convicted the said accused, take evidence in respect of the alleged previous conviction, and shall record a finding thereon: Provided that no such charge shall be read out by the Magistrate nor shall the accused be asked to plead thereto nor shall the previous conviction be referred to by the prosecution or in any evidence adduced by it, unless and until the accused has been convicted under sub-section (2).
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Section 255
Title: Acquittal or Conviction
State: Central
Year: 1973
(1) If the Magistrate, upon taking the evidence referred to in section 254 and such further evidence, if any, as he may, of his own motion, cause to be produced, finds the accused not guilt, he shall record an order of acquittal. (2) Where the Magistrate does not proceed in accordance with the provisions of section 325 or section 360, he shall, if he finds the accused guilty, pass sentence upon him according to law. (3) A Magistrate may, under section 252 or section 255, convict the accused of any offence triable under this Chapter which form the facts admitted or proved he appears to have committed, whatever may be the nature of the complaint or summons, if the Magistrate is satisfied that the accused would not be prejudiced thereby.
View Complete Act List Judgments citing this sectionCompanies Act, 2013, Section 444
Title: Appeal Against Acquittal
State: Central
Year: 2013
Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the Central Government may, in any case arising under this Act, direct any company prosecutor or authorise any other person either by name or by virtue of his office, to present an appeal from an order of acquittal passed by any court, other than a High Court, and an appeal presented by such prosecutor or other person shall be deemed to have been validly presented to the appellate court.
View Complete Act List Judgments citing this sectionIndian Contract Act, 1872 Section 197
Title: Ratification May Be Expressed or Implied
State: Central
Year: 1872
Ratification may be expressed or may be implied in the conduct of the person on whose behalf the acts are done. Illustration (a) A, without authority, buys goods for B. Afterwards B sells them to C on his own account; B's conduct implies a ratification of the purchase made for him by A. (b) A, without B's authority, lends B's money to C. Afterwards B accepts interest on the money from C. B's conduct implies a ratification of the loan.
View Complete Act List Judgments citing this section- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial