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Start Free TrialCode of Criminal Procedure, 1973 Section 439
Title: Special Powers of High Court or Court of Session Regarding Bail
State: Central
Year: 1973
.....122, 123, 124A, 153A, 302, 304, 307, 326, 333, 363, 364, 365, 367, 368, 392, 394, 395, 396, 399, 412, 431, 436, 449 and 450 of the Indian Penal Code, 1860, sections 3, 4, 5, and 6 of the Explosive Substances Act, 1908, and sections 25, 26, 27, 28, 29, 30 and 31 of the Arms Act, 1959, is arrested or appears or is brought before a Court; or (b) who, having any reason to believe that he may be arrested on accusation of committing an offence as specified in clause (a), has applied to me High Court or the Court of Session for a direction for his release on bail in the event of his arrest, shall be released on bail or, as the case may be, directed to be released on bail, except on one or more of the following grounds, namely:- (i) that the Court including the High Court or the Court of Session for reasons to be recorded in writing is satisfied that there are reasonable grounds for believing that such person is not guilty of any offence specified in clause (a); (ii) that such person is under the age of sixteen years or a woman or a sick or an infirm person; (iii) that the Court including the High Court or the Court of Session for reasons to be recorded in writing is.....
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Complete Act
State: Central
Year: 1973
.....believing that an examination of his person will afford evidence as to the commission of an offence, it shall be lawful for a registered medical practitioner, acting at the request of a police officer not below the rank of sub-inspector, and for any person acting in good faith in his aid and under his direction, to make such an examination of the person arrested as is reasonably necessary in order to ascertain the facts which may afford such evidence, and to use such force as is reasonably necessary for that purpose. (2) Whenever the person of a female is to be examined under this section, the examination shall be made only by, or under the supervision of, a female registered medical practitioner. Explanation. "In this section and in sections 53-A and 54," (a) "examination" shall include the examination of blood, blood-stains, semen, swabs in case of sexual offences, sputum and sweat, hair samples and finger nail clippings by the use of modern and scientific techniques including DNA profiling and such other tests which the registered medical practitioner thinks necessary in a particular case; (b) "registered medical practitioner" means a medical practitioner who possess.....
List Judgments citing this sectionThe Code of Criminal Procedure, 1973 Complete Act
State: Rajasthan
Year: 1973
.....issued by the State Government on or after the 2nd day of December, 1974 and before the commencement of the Code of Criminal Procedure (Amendment) Act, 1978 (Central Act 45 of 1978) purporting to establish any special Court of the Judicial Magistrate of the first class having jurisdiction over more than one district shall be deemed to have been issued under section 11 of the said code as amended by this Act and accordingly such notification issued and any act or proceeding done or taken or purporting to have been done or taken by virtue of it shall be deemed to be and always to have been valid" [Vide Kerala Act 21 of 1987 Punjab: In sub-section (1) of section 11, insert the following new sub-section:" "(1-A) The State Government may likewise establish as many Courts of Judicial Magistrate of the first class in respect to particular cases or to particular classes of cases, or in regard to cases generally, in any local area "[Vide Punjab Act 9 of 1978, sec 2 (wef 14-4-1978) Rajasthan: In sub-section (1) of section 11, the following new sub-section shall be inserted, namely:" "(1-A) The State Government may likewise establish as many Courts of Judicial Magistrate of.....
List Judgments citing this sectionThe Code of Criminal Procedure, 1973 Complete Act
State: Himachal
Year: 1973
.....believing that an examination of his person will afford evidence as to the commission of an offence, it shall be lawful for a registered medical practitioner, acting at the request of a police officer not below the rank of sub-inspector, and for any person acting in good faith in his aid and under his direction, to make such an examination of the person arrested as is reasonably necessary in order to ascertain the facts which may afford such evidence, and to use such force as is reasonably for that purpose. (2) Whenever the person of a female is to be examined under this section, the examination shall be made only by, or under the supervision of, a female registered medical practitioner. Explanation.-In this section and in section 54, "registered medical practitioner" means a medical practitioner who possesses any recognized medical qualification as defined in clause (h) of section 2 of the Indian Medical Council Act, 1956 ( 102 of 1956) and whose name has been entered in a State Medical Register. 54. Examination of arrested person by medical practitioner at the request of the arrested person. 54. Examination of arrested person by medical practitioner at the request of the.....
List Judgments citing this sectionThe Code of Criminal Procedure, 1973 Complete Act
State: Assam
Year: 1973
.....believing that an examination of his person will afford evidence as to the commission of an offence, it shall be lawful for a registered medical practitioner, acting at the request of a police officer not below the rank of sub-inspector,and for any person acting in good faith in his aid and under his direction, to make such an examination of the person arrested as is reasonably necessary in order to ascertain the facts which may afford such evidence, and to use such force as is reasonably for that purpose. (2) Whenever the person of a female is to be examined under this section, the examination shall be made only by, or under the supervision of, a female registered medical practitioner. Explanation.-In this section and in section 54, "registered medical practitioner" means a medical practitioner who possesses any recognized medical qualification as defined in clause (h) of section 2 of the Indian Medical Council Act, 1956 ( 102 of 1956) and whose name has been entered in a State Medical Register. 54. Examination of arrested person by medical practitioner at the request of the arrested person. When a person who is arrested, whether on a charge or otherwise alleges, at.....
List Judgments citing this sectionCode of Criminal Procedure, 1973 Complete Act
State: Punjab
Year: 1973
.....issued by the State Government on or after the 2nd day of December, 1974 and before the commencement of the Code of Criminal Procedure (Amendment) Act, 1978 (Central Act 45 of 1978) purporting to establish any special Court of the Judicial Magistrate of the first class having jurisdiction over more than one district shall be deemed to have been issued under section 11 of the said code as amended by this Act and accordingly such notification issued and any ac! or proceeding done or taken or purporting to have been done or taken by virtue of it shall be deemed to be and always to have been valid." Punjab: In sub-section (1) of section 11, insert the following new sub-section:-- "(1-A) The State Government may likewise establish as many Courts of Judicial Magistrate of the first class in respect to particular cases or to particular classes of cases, or in regard to cases generally, in any local area." Rajasthan: In sub-section (1) of section 11, the following new sub-section shall be inserted, namely:- - "(1-A) The State Government may likewise establish as many Courts of Judicial Magistrate of the first class and of the second class in respect to particular cases, or to a.....
List Judgments citing this sectionCode of Criminal Procedure, 1973 Chapter 33
Title: Provisions as to Bail and Bonds
State: Central
Year: 1973
.....Penal Code (45 of 1860) and sections 25, 26, 27 and 28 of the Arms Act, 1959 (54 of 1959) and sections 3,4, 5 and 6 of the Explosives Substances Act, 1908, (Act VI of 1908), is arrested or appears or is brought before a Court; or (b) who, having any reason to believe that he may be arrested on an accusation of committing an offence as specified in clause (a) has applied to the High Court or Court of Session for a direction for his release on bail in the event of his arrest, shall be released on bail or, as the case may be, directed to be released on bail except on one or more of the following grounds, namely:- (i) that the Court including the High Court or the Court of Session for reasons to be recorded in writing, is satisfied that there are reasonable grounds for believing that such person is not guilty of any offence specified in clause (a); (ii) that such person is under the age of sixteen years or a woman or a sick or infirm person; (iii) that the Court including the High Court or the Court of Session, for reasons to be recorded in writing, is satisfied that there are exceptional and sufficient grounds to release or direct the release of the accused on bail." .....
View Complete Act List Judgments citing this sectionCoal Mines (Nationalisation) Act, 1973 Complete Act
State: Central
Year: 1973
.....the above two Acts. Some of the important amendments which the Ordinance proposed were as follows:- (a) the definition of "mine'' inthe Coking Coal Actandthe Coal Mines Actincluded all coal and coke belonging to the owner of the mine whether in stock or in transit and all coal under production in a mine on a day immediately prior to the date on which the coal mines were nationalised. Accordingly, the amounts specified in the Schedules to the two Acts included the value of the coke and coal in stock lying at the mines at the time of nationalisation. The Supreme Court, however, in a recent case, while agreeing with the contention that the coke and coal stocks lying at the mine vested in the Government as a result of nationalisation, took the view that the value of coke and coal stocks had to be taken into account for balancing the position of accounts as on the date immediately preceding the date of nationaliiation. This would have involved double payment of the amount in as much as the value of the coke and coal stocks had already been included in the amounts mentioned in the Schedules to the Acts against each coal mine. In order to make the intention clear sections 10and22 of.....
List Judgments citing this sectionCoal Mines (Taking over of Management) Act, 1973 Complete Act
State: Central
Year: 1973
.....take over, or carry on. the management of the coal mine: (e) "Government company "has the mean ing assigned to it bysection 617 of the Companies Act, 1956-: (f) "managing contractor" means inc person, or body of persons, who. with the previous consent in writing of the State Government, has entered into an arrangement, contract or understanding, with the owner of the coal mine under which the operations of the mine are substantially controlled by such person or body of persons: (g) "mine" means any excavation where any operation for the purpose of searching for or obtaining minerals has been or is being carried on. and includes- (i) all borings and bore holes: (ii) all shafts, whether in the course of being sunk or not: (iii) all levels and inclined planes in the course of being driven: (iv) all open cast workings: (v) all conveyors or aerial ropeways provided for the bringing into or removal from a mine of minerals of other articles or lor the removal of refuse therefrom: (vi) all lands, buildings, works, adits, levels, planes, machinery and equipments, instruments, stores, vehicles, railways, tramways and sidings in, or adjacent to, a mine and used for the purposes.....
List Judgments citing this sectionCoal Mines (Nationalisation) Act, 1973 Schedule I
Title: Schedule
State: Central
Year: 1973
..... Jubbalpore 17,80,000 383. New Majri ... Post Office Shivaji Nagar, Chanda Sethia Mining & Manufacturing Corporation, 4, Bakul Bagan Row, Calcutta-25 10,10,000 384. Rajur ... Post Office Rajur Rajkumar Mining Company 75,000 385. Sasti ... Post Office Ballarpur Ballarpur Collieries Company Limited, Temple Road, Post Box No. 11, Nagpur Amount included in the amount specified against Sl. No. 379 386. Shri Mahakali ... Post Office Mahakali Shri Mahakali Coal Mines Limited, 23B, Netaji Subhas Road, Calcutta-1 (Under Liquidator) 4,000 MEGHALAYA Khasi and Jaintia Coalfields 387. Barsera ... Assam Bengal Cement Company Limited, 7, Wellesly Place, Calcutta-1 4,000 388. Cherapunji ... Post Office Cherapunji, District Kand J. Hills The Cherrachhatak Ropeway Company Limited, 1 & 2, Old Court House Corner, Calcutta- 1 4,000 389. Laitryngew ... .....
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