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Dec 12 1991

Ram Kumar Vs. State of U.P.

Court : Supreme Court of India

Decided on : Dec-12-1991

Subject : Criminal

Acts : Indian Penal Code (IPC) - Sections 302 and 409

Reported in : AIR1992SC1602; 1992CriLJ2421; JT1991(6)SC427; 1991(2)SCALE1356; 1992Supp(1)SCC438

to undergo the unexpired portion of sentence, if any. Criminal - Murder - Sections 302 and 409 of Indian Penal Code, 1860 and Sections 20 and 29 of Police Act - Appellant being of lower caste used to be … first information report. The crime was duly registered against Ram Kumar and was finally charged for offences under Sections 302 and 409 IPC and 20 of the Police Act. The trial court acquitted him of the charges under Sections 302

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Mar 06 1970

Siddanna Apparao Patil Vs. the State of Maharashtra

Court : Supreme Court of India

Decided on : Mar-06-1970

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) - Sections 162, 410, 418 and 479A; Indian Penal Code (IPC), 1860 - Sections 34, 302 and 409;

Reported in : AIR1970SC977; (1971)73BOMLR521; 1970CriLJ891; (1970)1SCC547; [1970]3SCR909

The appellant was accused No. 1. He was convicted under Section 302 read with Section 34 of the Indian Penal Code and sentenced to imprisonment for life.3. Broadly stated, the charge against the appellant was that he in conspiracy … The appellant was accused No. 1. He was convicted under Section 302 read with Section 34 of the Indian Penal Code and sentenced to imprisonment for life.3. Broadly stated, the charge against the appellant was that he … this Court.2. The appellant was accused No. 1. He was convicted under Section 302 read with Section 34 of the Indian Penal Code and sentenced … substantial ground in a conviction under Prevention of Corruption Act and Section 409 of the Indian Penal Code.10. In another unreported decision of this Court

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Dec 19 1973

Datar Singh Vs. the State of Punjab

Court : Supreme Court of India

Decided on : Dec-19-1973

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 157 and 162; Indian Penal Code (IPC), 1860 - Sections 302 and 409

Reported in : AIR1974SC1193; 1974CriLJ908; (1975)4SCC272; [1974]2SCR808

Criminal - miscarriage of justice - Sections 154, 157, 162 and 269 of Criminal Procedure Code, 1973 and Sections 302 and 409 of Indian Penal Code, 1860 - appeal challenging conviction and death sentence on ground of miscarriage of justice … Beg, J.1. Datar Singh, appellant, was convicted under Section 302 Indian Penal Code by the Sessions' Judge of Patiala for murdering his father Thakar Singh at about 9.30 p.m.

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Feb 28 2000

State of Maharashtra Vs. Laljit Rajshi Shah and ors.

Court : Supreme Court of India

Decided on : Feb-28-2000

Subject : Criminal

Acts : Indian Penal Code (IPC) - Sections 21, 81, 83, 84, 103, 120B, 409, 420, 467, 471 and 477A; Constitution of India - Article 134(1); Supreme Court Rules - Rule 28(2); Prevention of Corruption Act, 1947 - Sections 2, 5(2) and 6; Maharashtra Municipalities Act, 1965 - Sections 302; Essential Commodities Act - Sections 7 and 9; Maharashtra Co-operative Societies Act. 1960 - Sections 2 and 161

Reported in : AIR2000SC937; 2000(1)ALD(Cri)720; 2000CriLJ1494; JT2000(2)SC546; 2000(2)SCALE126; (2000)2SCC699; [2000]1SCR1239; 2000(2)LC915(SC)

be briefly stated as under. On the basis of criminal prosecution under Sections 120B, 409, 420, 467, 471 and 477A of the Indian Penal Code, … Societies Act, can be held to be a 'public servant' for the purpose of Section 21 of the Indian Penal Code and as such, can be proceeded against for offences under Section 5(1) read with Section 5(2) of the … servant is created upon legal fiction - such public servants cannot be prosecuted for having committed offence under IPC as legal fiction created for purposes of one Act cannot be extended to another Act - no sanction … State of Maharashtra : 1986CriLJ14 , wherein an identical provision under Section 302 of the Maharashtra Municipalities Act, 1965 was under consideration and the Court

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Feb 12 2009

People's Council for Civil Rights Vs. State of Kerala and Ors.

Court : Kerala

Decided on : Feb-12-2009

Subject : CriminalConstitution

Acts : Prevention of Corruption Act - Sections 6(1), 7, 10, 11, 13, 15, 19 and 19(1); Code of Criminal Procedure (CrPC) - Sections 173, 173(1), 197 and 197(1); Evidence Act - Sections 114; Indian Penal Code (IPC) - Sections 21, 21(12), 120B, 302, 409, 420, 467, 468 and 471; Constitution of India - Articles 12, 136, 142 and 226

Reported in : 2009CriLJ1949

of the Code of Criminal Procedure (Cr.P.C.) for the offences punishable under Section 120B and 420 of the Indian Penal Code (IPC). It is the case of the petitioners that sanction is not necessary to prosecute the accused as the … Mr. Issac is that despite the fact that prosecution is under Section 409, Penal Code, still sanction to prosecute is necessary. Quite a large body … case of the petitioners that sanction is not necessary to prosecute the accused as the offences alleged under Sections 120B and 420 of the IPC are committed not in the discharge of the official duties. It is … Apex Court held that even in a case of charge under Section 302, if it is intrinsically connected with official duty, sanction under Section 197(1)

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Oct 28 2005

Romesh Lal JaIn Vs. Naginder Singh Rana and ors.

Court : Supreme Court of India

Decided on : Oct-28-2005

Subject : Criminal

Acts : Prevention of Corruption Act, 1988 - Sections 5(1), 5(2) and 13(2); Indian Penal Code (IPC) - Sections 34, 120B, 147, 148, 149, 167, 218, 302, 307, 323, 325, 341, 380, 386, 405, 406, 409, 419, 420, 427, 465, 467, 468, 471, 482, 504 and 506; Essential Commodities Act - Sections 7; Code of Criminal Procedure (CrPC) , 1973 - Sections 173, 197, 197(1), 197(2) and 197(3); Orissa Forest Act; Wild Life (Protection) Act, 1972

Reported in : AIR2006SC336; JT2005(9)SC393; RLW2005(4)SC3074; 2005(8)SCALE810; (2006)1SCC294; 2006(1)LC217(SC)

(for short, 'the 1988 Act') and Sections 409, 167, 218, 419, 420, 465, 468 and 471 of the Indian Penal Code is essential is in question in this appeal, which arises from a judgment and order dated 06.05.2002 passed … and on that basis said to have committed offences punishable under Section 302, 307, 380, 427, 504, 147, 148 and 149 of the Indian Penal … a case where offences alleged against a public servant were under Sections 406, 409, 467, 468 and 471 IPC, this Court held :'21. That apart, the contention of the respondent that for offences under Sections 406 and

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Nov 27 2001

Ashok Kumar Prabhudasbhai Modi Vs. State of Gujarat

Court : Gujarat

Decided on : Nov-27-2001

Subject : Criminal

Acts : Legal Services Authorities Act, 1987; Indian Penal Code (IPC) - Sections 120B, 279, 302, 406, 407, 408 and 409; Code of Criminal Procedure (CrPC) - Sections 407; Constitution of India - Articles 21, 39A, 226 and 227

Reported in : 2002CriLJ1624

of one Dr. Sonia Modi, punishable under Section 302 read with Section 120B and other sections of the Indian Penal Code and facing trial in the said case before the learned Additional City Sessions Judge (Court No.15), Ahmedabad City, … under Section 302 read with section 120B and other sections of the IPC. Charge-sheet is filed against the present petitioners and on committal, they are … Additional City Sessions Judge, Court No.15 to any other Court of the same Sessions Division, under Sections 408 and 409 of the Code. The learned City Sessions Judge, Ahmedabad City, vide order dated February 18, 2000 dismissed the

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Oct 24 2007

Vishwanatha Tantri (Ex-branch Manager, Mhdfc, Bangalore Branch) Vs. th ...

Court : Delhi

Decided on : Oct-24-2007

Subject : Criminal

Acts : Dowry Prohibition Act, 1961 - Sections 4; Code of Criminal Procedure (CrPC) - Sections 156(3), 177, 178, 179, 180, 181(4) and 482; Indian Penal Code (IPC) - Sections 34, 120B, 302, 304, 324, 352, 403, 405, 406, 408, 409, 415, 416, 418, 420, 422, 423, 463, 464, 465, 468, 470, 471, 498A and 506

Reported in : 2008CriLJ1093; 2007(99)DRJ451

filed in the Court of Metropolitan Magistrate, New Delhi and consequential FIR No. 705/06 under various Sections of Indian Penal Code with P.S. Sarita Vihar.2. The brief facts of the case, as per the allegations made in the complaint/FIR … and also subsequently when charge had been framed against them under Section 302 read with Section 34 IPC. The accused did not remain in custody … a complaint in the Court of the Magistrate alleging commission of offences punishable under Sections 498A and 406 IPC and Section 4 of the Dowry Prohibition Act, 1961. The Magistrate directed the police to investigate the case. … against the accused person for the offences Under Section 403, 405, 408, 409, 415, 416, 418, 420, 422, 423, 463, 464, 465, 468, 470, 471,

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Oct 24 2007

Prabhakar Venkappa Bhat and ors. Vs. State of Delhi and ors.

Court : Delhi

Decided on : Oct-24-2007

Subject : Criminal

Acts : Indian Penal Code (IPC) - Sections 34, 120B, 302, 304, 324, 352, 403, 405, 406, 408, 409, 415, 416, 418, 420, 422, 423, 463, 464, 465, 468, 470, 471, 498A and 506; Dowry Prohibition Act, 1961 - Sections 4; Negotiable Instrument Act - Sections 138; Code of Criminal Procedure (CrPC) , 1974 - Sections 156(3) and 482; Code of Criminal Procedure (CrPC) , 1898 - Sections 177, 178, 179, 180, 181(2) and 181(4)

Reported in : 2008CriLJ1109; 2007(99)DRJ278

filed in the Court of Metropolitan Magistrate, New Delhi and consequential FIR No. 705/06 under various sections of Indian Penal Code with P.S. Sarita Vihar.2. The brief facts of the case, as per the allegations made in the complaint/FIR, … and also subsequently when charge had been framed against them under Section 302 read with Section 34, IPC. The accused did not remain in custody … a complaint in the Court of the Magistrate alleging commission of offences punishable under Sections 498-A and 406, IPC and Section 4 of the Dowry Prohibition Act, 1961. The Magistrate directed the police to investigate the case. … against the accused person for the offences Under Section 403, 405, 408, 409, 415, 416, 418, 420, 422, 423, 463, 464, 465, 468, 470, 471,

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Jun 11 1965

Ambalal Asharam Joshi Vs. the State of Gujarat

Court : Gujarat

Decided on : Jun-11-1965

Subject : Criminal

Reported in : (1965)6GLR925

appellant has been convicted by the City Magistrate IV Court of offences undersecs 409 and 477A of the Indian Penal Code and sentenced to a single sentence of rigorous imprisonment for 18 months and a fine of Rs. 200/- … City Magistrate IV Court of offences undersecs 409 and 477A of the Indian Penal Code and sentenced to a single sentence of rigorous imprisonment for … cannot be said to have been prejudiced by the failure to frame a charge against him under Section 302 and that the failure was therefore curable by Section 537 of the Criminal Procedure Code. His Lordship Bose J. … been proved by satisfactory evidence; (2) that the joinder of charges under Sections 409 and 477A was illegal and therefore the trial was vitiated; and

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