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Mar 11 1998

P.V. Prabhakara Rao Vs. Enforcement Directorate

Court : Andhra Pradesh

Decided on : Mar-11-1998

Subject : FERA

Acts : Foreign Exchange Regulation Act, 1973 - Sections 5(1), 13, 18(1), 19(1), 40, 40(3), 43, 43(2), 43(4), 44(2), 56, 57, 58 and 67; Code of Criminal Procedure (CrPC) , 1973 - Sections 482; Code of Civil Procedure (CPC), 1908 - Sections 132; Indian Penal Code (IPC), 1860 - Sections 174, 193 and 228

Reported in : 1998(2)ALD677; 1998(1)ALD(Cri)613; 1998(1)ALT(Cri)392; 1998CriLJ2507

shall be deemed to be a judicial proceeding within the meaning of Sections 193 and 228 of the Indian Penal Code (45 of 1860).10. It is clear from the provisions of sub-section (3) of Section 40 that all persons … to obey the summons issued to the petitioner by the respondent will be an' offence under Section 174 IPC, and that the respondent ought to have filed a complaint against (he petitioner only for such offence under

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Aug 18 1990

itty Vs. Assistant Director

Court : Kerala

Decided on : Aug-18-1990

Subject : FERA

Acts : Indian Penal Code (IPC), 1860 - Sections 174, 193 and 228; Code of Civil Procedure (CPC) , 1908 - Sections 132; Foreign Exchange Regulation Act - Sections 13, 18(1), 19(1), 40, 40(4), 44(2), 56, 56(1), 57 and 58

Reported in : 1994LC516(Kerala); 1992(58)ELT172(Ker)

shall be deemed to be a judicial proceeding within the meaning of Sections 193 and 228 of the Indian Penal Code (45 of 1860)'.4. It is not in dispute that the petitioner had accepted summons from the Enforcement Officer … shall be deemed to be a judicial proceeding within the meaning of Sections 193 and 228 of the Indian Penal Code (45 of 1860)'.4. It is not in dispute that the petitioner had accepted summons from the … Economic Offences, Ernakulam was found guilty under Section 56(1)(ii) read with Section 40(1) of the Foreign Exchange Regulation Act, convicted and sentenced to suffer rigorous

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Mar 16 1964

Haridas Das and anr. Vs. State of West Bengal and ors.

Court : Supreme Court of India

Decided on : Mar-16-1964

Subject : Criminal

Acts : Contempt of Courts Act, 1926 - Sections 41, ;Indian Penal Code (IPC), 1860 - Sections 40, 193, 199, 211, 499 and 500; Code of Criminal Procedure (CrPC) , 1898 - Sections 107, 109, 191, 195 and 466; Constitution of India - Articles 133(1) and 134(1); Code of Civil Procedure (CPC) - 1908 - Sections 24 and 95

Reported in : AIR1964SC1773; [1964]7SCR237

of Contempt of Courts Act, 1926, Sections 40, 193, 199, 211, 499 and 500 of Indian Penal Code, 1860, Sections 107, 109, 191, 195, and 466 of Criminal Procedure Code, 1898, Articles 133 (1) and 134 (1) of … the Court of a magistrate against the appellants under Sections 211, 199 and other appropriate sections of the Indian Penal Code. The Registrar thereupon filed a complaint against the appellants under Sections 193, 199 and 211 of the Code. … the appellants under Sections 211, 199 and other appropriate sections of the Indian Penal Code. The Registrar thereupon filed a complaint against the appellants under

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Nov 21 1952

Public Prosecutor Vs. Annadham Annamalai and ors.

Court : Chennai

Decided on : Nov-21-1952

Subject : Criminal

Acts : Madras Maintenance of Public Order Act, 1947 - Sections 2(6) and 2(7); Indian Penal Code (IPC), 1860 - Sections 40, 42 and 225B; Invocation of Police Act, 1861 - Sections 23

Reported in : AIR1954Mad321

Act, 1947 and Sections 40, 42 and 225B of Indian Penal Code, 1860 - acquittal from charges of offences of preventing police from executing arrest … what offence he was being arrested accused wrenching himself free is not guilty of any offence under the Indian Penal Code: --'Moneshwar Bux) v. Emperor', AIR 1939 Oudh 81 (W).16. There is a long line of decisions that resistance … and Section 353 I. Penal Code. Section 225-B was substituted by the Indian Criminal Law Amendment Act 10 of 1886, Section 24 (1). This section … referred to as the Act) is a local law or a special law. The special laws contemplated in Sections 40 and 41 are only laws such as the Excise, Opium and Cattle Trespass Acts, creating fresh offences, i.e.,

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Aug 01 1958

Kunju Moideen Methararu Vs. Kandan

Court : Kerala

Decided on : Aug-01-1958

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 40, 441 and 447; Code of Criminal Procedure (CrPC) , 1898 - Sections 4(1)

Reported in : AIR1959Ker146; 1959CriLJ588

to the possession of the complainant, under Section 522 of the Criminal ProcedureCode. Criminal - criminal trespass - Sections 40, 441 and 447 of Indian Penal Code, 1860 and Section 4 (1) of Criminal Procedure Code, 1898 - … the 6 respondents herein. The complaint was for offences under Sections 447, 506(1), 352 and 114 of the Indian Penal Code, in that the accused jointly trespassed into the complainant's compound known as Pungasserichira and constructed a hut there, … was for offences under Sections 447, 506(1), 352 and 114 of the Indian Penal Code, in that the accused jointly trespassed into the complainant's compound

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Jan 10 2008

Parmanand Patel and Indu Patel Vs. Sudha Chowgule and ors.

Court : Mumbai

Decided on : Jan-10-2008

Subject : CivilFamily

Acts : Indian Succession Act - Sections 211, 213 and 306; Indian Penal Code (IPC), 1860; Contract Act - Sections 40; Code of Civil Procedure (CPC) - Sections 2(11) - Order 22, Rules 1, 3 and 4 - Order 32, Rule 15

Reported in : 2008(2)ALLMR694; 2008(2)BomCR567; (2008)110BOMLR475; 2009AIRSCW2272

to and against his executors or administrators; except causes of action for defamation, assault, as defined in the Indian Penal Code 1860 (45 of 1860) or other personal injuries not causing the death of the party; and except also … a tortious act, to which the maxim actio personalis moritur cum persona contemplated in Section 306 of the Indian Succession Act clearly applies, the suit must be held to have abated. Section 306 of the Succession Act … act, to which the maxim actio personalis moritur cum persona contemplated in Section 306 of the Indian Succession Act clearly applies, the suit must be … e.g. the contract to do a painting vide Illus. 2 to Section 40 of the Contract Act. Granting any relief in such a case would

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Jul 25 1952

Sital Prasad Vs. the State

Court : Allahabad

Decided on : Jul-25-1952

Subject : Criminal

Acts : Uttar Pradesh Foodgrains Control Order, 1949 - Sections 3(1); Indian Penal Code (IPC), 1860 - Sections 40; Evidence Act, 1872 - Sections 18; Code of Criminal Procedure (CrPC) , 1898 - Sections 439

Reported in : AIR1953All101

quashed. Criminal - Mens rea Section 3 (1) of U.P. Food Grains Control Order 1949, Section 40 of Indian Penal Code 1860, and Section 18 of Evidence Act 1872 and Section 439 of Criminal Procedure Code 1898 - provision … quashed. Criminal - Mens rea Section 3 (1) of U.P. Food Grains Control Order 1949, Section 40 of Indian Penal Code 1860, and Section 18 of Evidence Act 1872 and Section 439 of Criminal Procedure Code 1898 … ORDERBeg, J. 1. The petitioner Sital Prasad was prosecuted under Section 7, Essential Supplies (Temporary Powers) Act, 1940, read with Section 3, U.

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Sep 25 1957

Satya Vir Vs. State

Court : Allahabad

Decided on : Sep-25-1957

Subject : Criminal

Acts : Evidence Act, 1872 - Sections 9, 11, 21, 60, 103, 105, 114, 134, 145, 154 and 157; Code of Criminal Procedure (CrPC) , 1898 - Sections 32, 154, 162, 342, 367, 367(1), 367(5) and 423; Indian Penal Code (IPC), 1860 - Sections 40 and 302; Code of Criminal Procedure (CrPC) (Amendment) Act, 1955

Reported in : AIR1958All746

wholly reliable and his evidence establishes the prosecution. (iv) Absence of motive - Sections 40 and 302 of Indian Penal Code, 1860 - proof of motive for murder lends additional support to the finding of he Court - absence … wholly reliable and his evidence establishes the prosecution. (iv) Absence of motive - Sections 40 and 302 of Indian Penal Code, 1860 - proof of motive for murder lends additional support to the finding of he Court

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Apr 25 1957

BashiruddIn Ashraf Vs. the State of Bihar

Court : Supreme Court of India

Decided on : Apr-25-1957

Subject : Trusts and SocietiesCriminal

Acts : Indian Penal Code (IPC), 1860 - Sections 40 and 67; Code of Criminal Procedure (CrPC) , 1898 - Sections 33; Bihar Waqfs Act, 1947 - Sections 58 and 65; Constitution of India - Article 19(1)

Reported in : AIR1957SC645; 1958(6)BLJR1; 1957CriLJ1023; [1957]1SCR1032

Societies - removal - Sections 40 and 67 of Indian Penal Code, 1860, Section 33 of Criminal Procedure Code, 1898, Sections 58 and 65 of … of fine. Section 33 of the Code of Criminal Procedure read with Sections 40 and 67 of the Indian Penal Code appears to us to be a clear answer to this contention. 9. It was also pointed out that … of fine. Section 33 of the Code of Criminal Procedure read with Sections 40 and 67 of the Indian Penal Code appears to us to be a clear answer to this contention. 9. It was also pointed

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Jan 11 1957

In Re: Arcot Citizen Bank Ltd., Arcot by A.E. Chandrasekhara Nayagar, ...

Court : Chennai

Decided on : Jan-11-1957

Subject : CriminalCompany

Acts : Indian Penal Code (IPC), 1860 - Sections 40; Evidence Act, 1872 - Sections 3 and 14; Companies Act, 1956 - Sections 32, 131, 161, 162 and 210; Companies Act, 1913 - Sections 32(3) and 131(1)

Reported in : AIR1957Mad675; 1957CriLJ1279

halved and the excess fines, if collected, will be refunded. Criminal - criminal liability - Section 40 of Indian Penal Code, 1860, Sections 3 and 14 of Evidence Act, 1872, Sections 32, 131, 161, 161 and 210 of Companies … ORDERRamaswami, J.1. These are four connected revisions art-sing from prosecutions under the Indian Companies Act. 1913.2. The revision petitioners in Crl. R. C. No. 772 of 1956 were prosecuted for not

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