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Home Bare Acts Phrase: triedCode of Criminal Procedure, 1973 Section 300
Title: Person Once Convicted or Acquitted Not to Be Tried for Same Offence
State: Central
Year: 1973
.....charge of theft as a servant and acquitted. He cannot afterwards, while the acquittal remains in force, be charged with theft as a servant, or upon the same facts, with theft simply, or with criminal breach of trust. (b) A is tried for causing grievous hurt and convicted. The person injured afterwards dies. A may be tried again for culpable homicide. (c) A is charged before the Court of Session and convicted of the culpable homicide of B. A may not afterwards be tried on the same facts for the murder of B. (d) A is charged by a Magistrate of the first class with, and convicted by him of voluntarily causing hurt to B. A may not afterwards be tried for voluntarily causing grievous hurt (o B on the same facts, unless the case comes within sub-section (3) of this section. (e) A is charged by a Magistrate of the second class with, and convicted by him of, theft of property from the person of B. A may subsequently be charged with, and tried for, robbery on the same facts. (f) A, B and C are charged by a magistrate of the first class with, and convicted by him of, robbing D. A, B and C may afterwards be charged with, and tried for, dacoity on the same facts.
View Complete Act List Judgments citing this sectionEssential Commodities Act, 1955 Section 12A
Title: Power to Try Summarily
State: Central
Year: 1955
.....of imprisonment not exceeding one month, 7 [and of fine not exceeding two thousand rupees] whether or not any order of forfeiture of property or an order under 8 [section 452] of the said Code is made in addition to such sentences, but an appeal shall lie where any sentence 9 [***] in excess of the aforesaid limits is passed by the Magistrate. 10 [(4) All cases relating to the contravention of an order referred to in clause (a) of sub-section (2), not being a special order, and pending before a Magistrate immediately before the commencement of the Essential Commodities (Amendment) Act, 1974, and, where any notification is issued under sub-section (1) in relation to a special order, all cases relating to the contravention of such special order and pending before a Magistrate immediately before the date of the issue of such notification, shall, if no witnesses have been examined before such commencement or the said date, as the case may be, be tried in a summary way under this section, and if any such case is pending before a Magistrate who is not competent to try the same in a summary way under this section, it shall be forwarded to a Magistrate so competent.] 11 [***] .....
View Complete Act List Judgments citing this sectionSpecial Economic Zones Act, 2005 Section 23
Title: Designated Courts to Try Suits and Notified Offences
State: Central
Year: 2005
.....Economic Zone had been filed before the commencement of this Act, shall continue to try such suit after such commencement: Provided further that the courts, in which any trial of any notified offence is being conducted before the commencement of this Act, shall continue to conduct the trial of such offence after the commencement of this Act: Provided also that the courts competent to try any notified offence, before the commencement of this Act, shall conduct the trial in respect of such offence after the commencement of this Act until the courts have been designated under sub-section (1) and all such cases relating to such trials shall thereafter be transferred to such courts so designated which shall conduct the trial from the stage at which such cases were so transferred.
View Complete Act List Judgments citing this sectionRepresentation of the People Act, 1951 Section 80A
Title: High Court to Try Election Petitions
State: Central
Year: 1951
1[80A. High Court to try election petitions.- (1) The Court having jurisdiction to try an election petition shall be the High Court. (2) Such jurisdiction shall be exercised ordinarily by a single Judge of the High Court and the Chief Justice, shall, from time to time, assign one or more Judges for that purpose: Provided that where the High Court consists only of one Judge, he shall try all election petitions presented to that Court. (3) The High Court in its discretion may, in the interests of justice or convenience, try an election petition, wholly or partly, at a place other than the place of seat of the High Court.] ______________________ 1. Inserted by Act 47 of 1966, Section 38 w.e.f. 14-12-1966.
View Complete Act List Judgments citing this sectionPrevention of Corruption Act, 1988 Section 6
Title: Power to Try Summarily
State: Central
Year: 1988
.....order referred to in clause (a) of sub-section (2) of that section, them, notwithstanding anything contained in sub-section (1) of section 5 of this Act or section 260 of the Code of Criminal Procedure, 1973 (2 of 1974), the special Judge shall try the offence in a summary way, and the provisions of sections 262 to 265 both inclusive) of the said Code shall, as far as may be, apply to such trial: Provided that, in the case of any conviction in a summary trial under this section, it shall be lawful for the special Judge to pass a sentence of imprisonment for a term not exceeding one year: Provided further that when at the commencement of, or in the course of, a summary trial under this section, it appears to the special Judge that the nature of the case is such that a sentence of imprisonment for a term exceeding one year may have to be passed or that it is, for any other reason, undesirable to try the case summarily, the special Judge shall, after hearing the parties, record an order to that effect and thereafter recall any witnesses who may have been examined and proceed to hear or re-hear the case in accordance with the procedure prescribed by the said Code for the trial of.....
View Complete Act List Judgments citing this sectionDrugs and Cosmetics Act, 1940 (23 of 1940) Section 36A
Title: Certain Offences to Be Tried Summarily
State: Central
Year: 1940
.....Court of Session) under this Act], punishable with imprisonment for a term not exceeding three years, other than an offence under clause (b) of sub-section (1) of section 33-I, shall be tried in a summary way by a Judicial Magistrate of the first class specially empowered in this behalf by the State Government or by a Metropolitan Magistrate and the provisions of sections 262 to 265 (both inclusive) of the said Code shall, as far as may be, apply to such trial: Provided that, in the case of any conviction in a summary trial under this section, it shall be lawful for the Magistrate to pass a sentence of imprisonment for a term not exceeding one year: Provided further that when at the commencement of, or in the course of, a summary trial under this section it appears to the Magistrate that the nature of the case is such that a sentence of imprisonment for a term exceeding one year may have to be passed or that it is, for any other reason, undesirable to try the case summarily, the Magistrate shall, after hearing the parties, record an order to that effect and thereafter recall any witness who has been examined and proceed to hear or rehear the case in the manner provided by.....
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Section 475
Title: Delivery to Commanding Officers of Persons Liable to Be Tried by Court-martial
State: Central
Year: 1973
(1) The Central Government may make rules consistent with this Code and the Army Act, 1950 (46 of 1950), the Navy Act, 1957 (62 of 1957), and the Air Force Act, 1950 (45 of 1950), and any other law, relating to the Armed Forces of the Union, for the time being in force, as to cases in which persons subject to military, navel or air force law, or such other law, shall be tried by a Court to which this Code applies or by a Court-martial, and when any person is brought before a Magistrate and charged with an offence for which he is liable to be tried either by a Court to which this Code applies or by a Court-martial, such Magistrate shall have regard to such rules, and shall in proper cases deliver him, together with a statement of the offence of which he is accused, to the commanding officer of the unit to which he belongs, or to the commanding officer of the nearest military, naval or air-force station, as the case may be, for purpose of being tried by a Court-martial. Explanation.In this section (a) "unit" includes a regiment, corps, ship, detachment, group, battalion or company. (b) "Court-martial" includes any tribunal with the powers similar to those of a Court-martial.....
View Complete Act List Judgments citing this sectionNegotiable Instruments Act, 1881 Section 143
Title: Power of Court to Try Cases Summarily
State: Central
Year: 1881
.....term exceeding one year may have to be passed or that it is, for any other reason, undesirable to try the case summarily, the Magistrate sh all after hearing the parties, record an ord er to that effect and thereafter recall any witness who may have been examined and proceed to hear or rehear the case in the manner provided by the said Code. ( 2 ) The trial of a case under this section sh all, so far as practicable, consistently with the interests of justice, be continued from day to day until its conclusion, unless the Court finds the adjournment of the trial beyond the following day to be necessary for reasons to be recorded in writing. ( 3 ) Every trial under this section sh all be conducted as expeditiously as possible and an endeavour sh all be made to conclude the trial within six months from the date of filing of the complaint. ___________________ 1. Sections 143 to 147 Inserted by Act 55 of 2002, sec. 10 (w .e.f. 6- 2- 2003).
View Complete Act List Judgments citing this sectionImmoral Traffic (Prevention) Act, 1956 Section 22B
Title: Power of Court to Try Cases Summarily
State: Central
Year: 1956
.....it necessary so to do, direct that offences under this Act shall be tried in a summary way by a magistrate [including the presiding officer of a court established under sub-section (1) of section 22A] and the provisions of sections 262 to 265 (both inclusive) of the said Code shall, as far as may be, apply to such trial: Provided that in the case of any conviction in a summary trial under this section it shall be lawful for the magistrate to pass a sentence of imprisonment for a term not exceeding one year: Provided further that when at the commencement of, or in the course of, a summary trial under this section, it appears to the magistrate that the nature of the case is such that a sentence of imprisonment for a term exceeding one year may have to be passed or that it is, for any other reason, undesirable to try the case summarily, the magistrate shall, after hearing the parties, record an order to that effect and thereafter recall any witness, who may have been examined and proceed to hear or re-hear the case in the manner provided by the said Code.] ________________________ 1. Inserted by Act 46 of 1978, section 17 (w.e.f. 2-10-1979).
View Complete Act List Judgments citing this sectionPrevention of Food Adulteration Act,1954 Section 16A
Title: Power of Court to Try Cases Summarily
State: Central
Year: 1954
.....of court to try cases summarily Notwithstanding anything contained in the Code of Criminal Procedure, 1973 ( 2 of 1974), all offences under sub-section ( 1) of section 16 shall be tried in a summary way by a Judicial Magistrate of the first class specially empowered in this behalf by the State Government or by a Metropolitan Magistrate and the provisions of sections 262 to 265 (both inclusive) of the said Code shall, as far as may be, apply to such trial: Provided that in the case of any conviction in a summary trial under this section, it shall be lawful for the Magistrate to pass a sentence of imprisonment for a term not exceeding one year: Provided further that when at the commencement of, or in the course of, a summary trial under this section, it appears to the Magistrate that the nature of the case is such that a sentence of imprisonment for a term exceeding one year may have to be passed or that it is, for any other reason, undesirable to try the case summarily, the Magistrate shall after hearing the parties, record an order to that effect and thereafter recall any witness who may have been examined and proceed to hear or rehear the case in the manner provided by.....
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