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Rafiq Mohd. and anr. Vs. State of Punjab

Court : Punjab and Haryana

Subject : Criminal

Acts : Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 17, 18, 21, 22, 23, 29, 37, 37(2), 61 and 85; General Clauses Act - Sections 10; Official Secrets Act - Sections 3; Defence and Internal Security of India Act, 1971 - Sections 37; Terrorist and Disruptive Activities Prevention Act - Sections 20(7), 20(8) and 20(9); Code of Criminal Procedure (CrPC) , 1973 - Sections 167, 167(2), 436, 437, 438, 439, 439(2) and 482; Defence and Internal Security of India Rules, 1971 - Rules 43 and 184; Indian Penal Code (IPC) - Sections 188;

Reported in : 1994CriLJ3366

conclusion that 'Section 37 as amended starts with a non obstante clause stating that notwithstanding anything contained in Code of Criminal Procedure, 1973 no person accused of an offence prescribed therein shall be released on bail unless the conditions contained therein … ORDERV.K. Bali, J.1. The petitioners who seek bail are alleged to have been in possession of 85 bags of poppy husk, each bag containing 35 kgs. The bail is asked for on the solitary ground

Sri Kailash Nahak @ Naik and ors. Vs. State of Orissa

Court : Orissa

Subject : Criminal

Reported in : 2008CriLJ2909; 2008(I)OLR666

not be less than one lakh.41 A. Offences to be cognizable and non-bailable:-(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974),-(a) every offence punishable under this Act shall be cognizable;(b) no person accused of … objection with regard to grant of bail to the petitioners. He contended that in view of the new Section 85-A introduced into the State Act, which has come into force with effect from 01.06.2006, a bar has been

Ramacharan Agarwal Vs. Employees State Insurance Corportion, Hyderabad

Court : Andhra Pradesh

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 13, 482(2) and 484(2); Employees State Insurance Act, 1948 - Sections 74, 84, 85 and 86; Code of Criminal Procedure (CrPC) , 1898 - Sections 14

Reported in : 1999(2)ALD578

Tribunal to exercise the powers of Judicial Magistrate of First Class as provided under Section 13 of the Code of Criminal Procedure, 1973 (for short 'the Code, 1973') and as such the Court had no jurisdiction to entertain the case. The … Hyderabad (herein-after referred to as 'Special Magistrate'). The revision petitioner was prosecuted for the offence of contravention of Section 85 (e) and (g) of the Employees State Insurance Act, 1948 (for short, 'the Act') and on the basis

Colonel D.D. Pawar, C-25415-a Vs. Commander Hq Andhra Sub-area, Secund ...

Court : Andhra Pradesh

Subject : Service

Acts : Army Act, 1950 - Sections 1, 2, 3, 19, 34 to 70, 71, 80 to 85, 109, 118, 122, 122(1), 122(3), 191(1) and 191(2); Army Rules, 1954 - Rules 14, 22, 22(2), 53, 70 and 177 to 185; Army (Amendment) Act, 1992; Code of Criminal Procedure (CrPC) , 1973 - Sections 469 and 469(1); Companies Act, 1956 - Sections 113, 545 and 621; Protection of Human Rights Act, 1993

Reported in : 2001(5)ALD56; 2001(5)ALT52

amendment, sub-section (1) of Section 122 of the Army Act is ipsi sima verba with Section 469 of Code of Criminal Procedure, 1973, which reads as under :469. Commencement of period of limitation :--The period of limitation, in relation to an … by a criminal Court, or has been dealt with under any of the Sections 80, 83, 84 and 85, he shall not be liable to be tried again for the same offence by a Court Martial or

Shri Adil Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : CriminalFERA

Acts : Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 - Sections 3(1) and 7; Foreign Exchange Management Act, 1999 - Sections 37 and 37(3); Income Tax Act, 1961 - Sections 132 and 132(4); Customs Act - Sections 108; Code of Criminal Procedure (CrPC) , 1973 - Sections 82, 83, 84, 85 and 482; Constitution of India - Articles 22(5) and 226; Indian Penal Code (IPC) - Sections 172 and 174

Reported in : 2004CriLJ1986; 110(2004)DLT583; 2004(74)DRJ85

Learned Chief Metropolitan Magistrate and praying for initiating proceedings under Section 82, 83, 84 and 85 of the Code of Criminal Procedure 1973 but despite that the petitioner remained absconding and he surrendered only on 10.4.2003 before Ld. Addl. Chief Metropolitan

State of Gujarat Vs. Natwar Harchandji Thakor

Court : Gujarat

Subject : CriminalFood Adulteration

Acts : Bombay Prohibition Act, 1949 - Sections 40, 41, 46, 46A, 65, 66, 66(1), 85, 85(1), 85(1)(1), 85(1)(3) and 85(3); Bombay Police Act - Sections 110, 117 and 135; Prevention of Corruption Act; Prevention of Food Adulteration Act, 1954 - Sections 16(1); Drugs and Cosmetics Act, 1940 - Sections 27; Employees' Provident Fund Act; Madras Prohibition Act - Sections 4(1); Evidence Act; Code of Criminal Procedure (CrPC) , 1973 - Sections 235(2), 240(2), 241, 248(2), 251, 252, 255(2), 262, 265A to 265K, 325, 354(3), 354(4), 360, 361, 465 and 537; Code of Criminal Procedure (CrPC) , 1898 - Sections 243; Code of Criminal Procedure (CrPC) , 1969; Constitution of India - Article 134(1)

Reported in : 2005CriLJ2957; (2005)1GLR709

the Law Commission of India on Judicial Reform and Revision of Law and Procedure in Court in the Code of Criminal Procedure, 1973, there came to be incorporated for the first time, Sections 235(2) and 248(2), to ensure a great awareness … punishable, in terms of proviso to Sub-clause (i) to Clause (1) and Clause (3) of Sub-section (1) of Section 85 of the B. P. Act, 1949?(iii) Whether Innovative Judicial Directions and prescription of New Format, for recording plea

Mahendra Bhogilal Tadvi Vs. State of Gujarat

Court : Gujarat

Subject : CriminalConstitution

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 85, 85(3), 374, 384, 385 and 386; Indian Penal Code (IPC) - Sections 302 and 498A; Code of Criminal Procedure (CrPC) - Sections 389; Constitution of India - Articles 39A and 51A; Patna High Court Rules - Rule 8

Reported in : 2009CriLJ1486; (2009)1GLR91

relied upon several provisions of Code of Criminal Procedure, 1973, especially Sees. 374, 384, 385 and 386 and Section 85 and pointed out that if the accused is absconding, his property can be seized, but as per Sub-section … application was preferred in the pending Criminal Appeal for temporary suspension of sentence under Section 389 of the Code of Criminal Procedure, 1973, and Division Bench of this Court vide order dated 16th October, 2000 had suspended sentence for a period

islamuddIn @ Chottey Vs. State of Delhi

Court : Delhi

Subject : NarcoticsCriminal

Acts : Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 21, 37, 61 and 85; Code of Criminal Procedure (CrPC) , 1973 - Sections 439

Reported in : 1999VIAD(Delhi)765; 2000CriLJ108; 82(1999)DLT449; 1999(51)DRJ558

NDPS Act is extracted hereunder:- '37. Offences to be cognizable and non bailable1. Notwithstanding anything contained in the Code of Criminal Procedure, 1973-(a) Every offence punishable under this Act shall be cognizable; (b) No person accused of an offence punishable for … ORDERCyriac Joseph, J.1.This is a petition filed under Section 439 of the Code of Criminal Procedure red with Section 37 of the Narcotic Drugs and Psychotropic Sub-stances

Union of India (Uoi) Vs. Madan Dey and anr.

Court : Kolkata

Subject : CriminalFood Adulteration

Acts : Customs Act, 1962 - Sections 5, 135 and 137; ;Gold (Control) Act, 1968 - Sections 4, 85 and 97; ;Sea Customs Act, 1878 - Section 187-A; ;Imports and Exports Control Act, 1947 - Section 6; ;Income-tax Act, 1961 - Sections 271 and 279; ; Foreign Exchange Regulation Act, 1973 - Section 61; ;Companies Act, 1956; ;Electricity Supply Act - Section 77; ;Prevention of Corruption Act, 1947; ;Prevention of Food Adulteration Act, 1954 - Sections 14, 14A and 20; ;Calcutta Municipal Act, 1951 - Section 218; ;Code of Criminal Procedure (CrPC) - Section 417(3); ;Code of Criminal Procedure (CrPC) , 1974 - Sections 2, 37, 38, 39, 40, 43, 190, 193, 195 to 199, 378(4), 465, 537; ;Indian Penal Code (IPC) - Sections 118, 176, 187 and 202

Reported in : 1991CriLJ347,1991(34)ECC48

accused. In that case, the learned counsel for the accused contended that according to the scheme of the Criminal Procedure Code, a public servant can file a complaint on his own in discharge of his official duties. When … Metropolitan Magistrate, 3rd Court, Calcutta, in a proceeding initiated under Section 135 of the Customs Act, 1962 and Section 85 of the Gold (Control) Act, 1968.2. Shortly stated the facts are that acting on an information, the Customs

Employees' State Insurance Corporation, Bangalore Vs. P.S. Sreekantada ...

Court : Karnataka

Subject : Criminal

Acts : Employees' State Insurance Act, 1948 - Sections 1(6), 44, 85-A and 86(1); Code of Criminal Procedure (CrPC) , 1973 - Sections 200, 378(4), 468, 472 and 473; Indian Penal Code (IPC), 1860 - Sections 21 and 93

Reported in : [2000(86)FLR89]; ILR2000KAR1498; 2000(2)KarLJ549; (2000)IILLJ102Kant

suffer simple imprisonment for two months. Criminal - barred by time - Sections 378 (4) and 200 of Code of Criminal Procedure, 1973 and Sections 85 (e) and 85-A of Employees' State Insurance Act, 1948 - appeal under Section 378 (4)