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Home Bare Acts Phrase: procedural defaultCode of Criminal Procedure, 1973 Complete Act
Title: Code of Criminal Procedure, 1973
State: Central
Year: 1973
.....PLEA BARGAINING Section265A - Application of the Chapter Section265B - Application for plea bargaining Section265C - Guidelines for mutually satisfactory disposition Section265D - Report of the mutually satisfactory disposition to be submitted before the Court Section265E - Disposal of the case Section265F - Judgment of the Court Section265G - Finality of the judgment Section265H - Power of the Court in plea bargaining Section265I - Period of detention undergone by the accused to be set off against the sentence of imprisonment Section265J - Savings Section265K - Statements of accused not to be used Section265L - Non-application of the Chapter Chapter 22 Section266 - Definitions Section267 - Power to require attendance of prisoners Section268 - Power of State Government to exclude certain persons from operation of section 267 Section269 - Officer in charge of prison to abstain from carrying out order in certain contingencies Section270 - Prisoner to be brought to Court in custody Section271 - Power to issue commission for examination of witness in prison Chapter 23 Section272 - Language of Courts Section273 - Evidence to be taken in presence of accused .....
List Judgments citing this sectionCode of Civil Procedure, 1908 Rule 16 to 29
Title: Procedure of Hearing
State: Central
Year: 1908
.....appealed from Where the Court from whose decree the appeal is preferred has omitted to frame or try any issue, or to determine any question of fact, which appears to the Appellate Court essential to the right decision of the suit upon the merits, the Appellate Court may, if necessary, frame issues, and refer the same for trial to the Court from whose decree the appeal is preferred, and in such case shall direct such Court to take the additional evidence required ; and such Court shall proceed to try such issues, and shall return the evidence to the Appellate Court together with its findings thereon and the reasons therefor 1d[within such time as may be fixed by the Appellate Court or extended by it from time to time]. 26. Findings and evidence to be put on record--Objections to finding (1) Such evidence and findings shall form part of the record in the suit; and either party may, within a time to be fixed by the Appellate Court, present a memorandum of objections to any finding. (2) Determination of appeal.--After the expiration of the period so fixed for presenting such memorandum the Appellate Court shall proceed to determine the appeal. 1e[26A. Order of.....
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Complete Act
Title: Code of Civil Procedure, 1908
State: Central
Year: 1908
.....101 - Second appeal on no other grounds Section 102 - No second appeal in certain cases Section 103 - Power of High Court to determine issues of fact Section 104 - Orders from which appeal lies Section 105 - Other orders Section 106 - What Courts to hear appeals Section 107 - Powers of appellate Court Section 108 - Procedure in appeals from appellate decrees and orders Section 109 - When appeals lie to the Supreme Court Section 110 - Value of subject matters Section 111 - Bar of certain appeals Section 111A - Appeals to Federal Court Section 112 - Savings Part VIII Section 113 - Reference to High Court Section 114 - Review Section 115 - Revision Part IX - SPECIAL PROVISIONS RELATING TO THE HIGH COURTS NOT BEING THE COURT OF A JUDICIAL COMMISSIONER Section 116 - Part to apply only to certain High Courts Section 117 - Application of Code to High Courts Section 118 - Execution of decree before ascertainment of costs Section 119 - Unauthorized persons not to address Court Section 120 - Provisions not applicable to High Court in original civil jurisdiction Part X Section 121 - Effect of rules in First Schedule Section 122 - Power of certain High Courts to make.....
List Judgments citing this sectionCode of Criminal Procedure, 1973 Section 30
Title: Sentence of Imprisonment in Default of Fine
State: Central
Year: 1973
(1) The Court of a Magistrate may award such term of imprisonment in default of payment of fine as is authorised by law: Provided that the term (a) is not in excess of the powers of the Magistrate under section 29; (b) shall not, where imprisonment has been awarded as part of the substantive sentence, exceed one-fourth of the term of imprisonment which the Magistrate is competent to inflict as punishment for the offence otherwise than as imprisonment in default of payment of the fine. (2) The imprisonment awarded under this section may be in addition to a substantive sentence of imprisonment for the maximum term awardable by the Magistrate under section 29.
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Rule 1 to 7
Title: Summary Procedure
State: Central
Year: 1908
.....suit. (5) The defendant may, at any time within ten days from the service of such summons for judgment, by affidavit or otherwise disclosing such facts as may be deemed sufficient to entitle him to defend, apply on such summons for leave to defend such suit, and leave to defend may be granted to him unconditionally or upon such terms as may appear to the Court or Judge to be just: Provided that leave to defend shall not be refused unless the Court is satisfied that the facts disclosed by the defendant do not indicate that he has a substantial defence to raise or that the defence intended to be put up by the defendant is frivolous or vexatious: Provided further that, where a part of the amount claimed by the plaintiff is admitted by the defendant to be due from him, leave to defend the suit shall not be granted unless the amount so admitted to be due is deposited by the defendant in Court. (6) At the hearing of such summons for judgment,-- (a) if the defendant has not applied for leave to defend, or if such application has been made and is refused, the plaintiff shall be entitled to judgment forthwith; or (b) if the defendant is permitted to defend as to the whole or.....
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Section 32
Title: Penalty for Default
State: Central
Year: 1908
The Court may compel the attendance of any person to whom a summons has been issued under section 30 and for that purpose may- (a) issue a warrant for hi s arrest; (b) attach and sell hi s properly; (c) impose a fine upon hi m1[not exceeding five thousand rupees]; (d) order hi m to furnish security for hi s appearance and in default commit hi m to the civil prison. ___________________ 1. Substituted by Act 46 of 1999, section 4, "not exceeding five hundred rupees" (w.e.f. 1-7-2002).
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Section 122
Title: Imprisonment in Default of Security
State: Central
Year: 1973
.....executed a bond1[with or] without sureties for keeping the peace in pursuance of an order of a Magistrate under section 117 , is proved, to the satisfaction of such Magislrate or hi s successor-in-office, to have committed breach of the bond, such Magistrate or successor-in-office may, after recording the grounds of such proof, order that the person be arrested and detained in prison until the expiry of the period of the bond and such order shall be without prejudice to any other punishment or forfeiture to which the said person may be liable in accordance with law. ( 2 ) When such person has been ordered by a Magistrate to give security for a period exceeding one year, such Magistrate shall, if such person does not give such security as aforesaid, issue a warrant directing hi m to be detained in prison pending the orders of the Sessions Judge and the proceedings shall be laid, as soon as conveniently may be, before such Court. ( 3 ) Such Court, after examining such proceedings and requiring from the Magistrate any further information or evidence which it thinks necessary, and after giving the concerned person a reasonable opportunity of being heard, may pass such order on.....
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Section 345
Title: Procedure in Certain Cases of Contempt
State: Central
Year: 1973
(1) When any such offence as is described in section 175, section 178, section 179, section 180 or section 228 of the Indian Penal Code (45 of 1860) is committed in the view or presence of any civil, Criminal or Revenue Court, the Court may cause the offender to be detained in custody and may at any time before the rising of the Court on the same day, take cognizance of the offence and, after giving the offender a reasonable opportunity of showing cause why he should not be punished under this section, sentence the offender to fine not exceeding two hundred rupees, and, in default of payment of fine, to simple imprisonment for a term which may extend to one month, unless such fine be sooner paid. (2) In every such case the Court shall record the facts constituting the offence, with the statement (if any) made by the offender as well as the finding and sentence. (3) If the offence is under section 228 of the Indian Penal Code (45 of 1860), the record shall show the nature and stage of the judicial proceeding in which the Court interrupted or insulted was sitting, and the nature of the interruption or insult.
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Section 346
Title: Procedure Where Court Considers That Case Should Not Be Dealt with Under Section 345
State: Central
Year: 1973
(1) If the Court in any case considers that a person accused of any of the offences referred to in section 345 and committed in its view or presence should be imprisoned otherwise than in default of payment of fine, or that a fine exceeding two hundred rupees should be imposed upon him, or such Court is for any other reason of opinion that the case should not be disposed of under section 345 such Court, after recording the facts constituting the offence and the statement of the accused as hereinbefore provided, may forward the case to a magistrate having jurisdiction to try the same, and may require security to be given for the appearance of such person before such Magistrate, or if sufficient security is not given shall forward such person in custody to such Magistrate. (2) The Magistrate to whom any case is forwarded under this section shall proceed to deal with, as far as may be, as if it were instituted on a police report.
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Section 447
Title: Procedure in Case of Insolvency or Death of Surety or when a Bond is Forfeited
State: Central
Year: 1973
When any surety to a bond under this Code becomes insolvent or dies, or when any bond is forfeited under the provisions of section 446, the Court by whose order such bond was taken, or a Magistrate of the first class may order the person from whom such security was demanded to furnish fresh security in accordance with the directions of the original order, and if such security is not furnished, such Court or Magistrate may proceed as if there had been a default in complying with such original order.
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