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In Re: the Special Courts Bill, 1978 Overruled
Supreme Court of India
Dec-01-1978
Constitution
Code of Criminal Procedure (CrPC) , 1973 - Sections 2(4), 4, 4(1), 6, 9, 9(2), 11(2), 177, 189 and 439; Indian Penal Code (IPC) - Sections 116, 120-B, 161 and 420; Constitution of India - Article 14, 21, 32, 133, 134, 138, 139, 140, 141, 143, 246, 246(1), 246(2), 352 and 359
AIR1979SC478; (1979)1SCC380; [1979]2SCR476
subject-matter of Clause 6 is the jurisdiction and powers of the Supreme Court. Entry 2 of List III, 'Criminal procedure, including all matters included in the CrPC at the commencement of this Constitution' will also take care of … other offences and accused persons as can be jointly tried therewith at one trial in accordance with the CrPC, 1973.9. A Special Court shall in the trial of such cases follow the procedure prescribed by the said Code … judiciary at the Union and State levels. Article 124, which occurs in Chapter IV of the Constitution called 'The Union Judiciary', provides for the establishment … and (5) that the hearing of the reference will commence on September 11, 1978 subject to the reasonable convenience of all concerned.3. Notices were issued
Tag this Judgment! AI Brief & AskS.K.D. Lakshmanan Fireworks Industries and anr. Vs. K.V. Sivarama Kris ...
Kerala
Jan-09-1995
Commercial
Negotiable Instruments Act, 1881 - Sections 138 and 142; Code of Criminal Procedure (CrPC) , 1973 - Sections 300; Constitution of India - Article 20(2)
[1995]84CompCas447(Ker)
the Act. The petitioners have filed the criminal miscellaneous case to quash the complaint under Section 482 of the Criminal Procedure Code, 1973. The petitioners have admittedly issued a cheque for Rs. 20,645 to the first respondent. The complaint was … petitioners have filed the criminal miscellaneous case to quash the complaint under Section 482 of the Criminal Procedure Code, 1973. The petitioners have admittedly issued a cheque for Rs. 20,645 to the first respondent. The complaint was … satisfies strictly the other conditions prescribed in the relevant provisions contained in Chapter VII of the Act. It was on the basis that the view … filed after the cheque was dishonoured by the drawee bank on August 11, 1993, and after the petitioners have failed to pay the amount demanded
Tag this Judgment! AI Brief & AskG. Subas Reddy Vs. State of Andhra Pradesh and anr.
Andhra Pradesh
Oct-14-1996
Criminal
Constitution of India - Article 226; ;Code of Criminal Procedure (CrPC) , 1973 - Sections 107
1997(2)ALD694b; 1997(1)ALD(Cri)19; 1996(4)ALT985a; 1997CriLJ1296
21. Order accordingly. Criminal - public tranquility - Article 226 of Constitution of India and Section 107 of Criminal Procedure Code, 1973 - whether Court should exercise its extra-ordinary jurisdiction under Article 226 and compel authorities to provide security … 2 of 1974) which, is not in dispute, applies in respect of all offences under the Indian Penal Code as well as other laws, subject to any enactment for the time being in force, regulating the manner … Section 13 of the Andhra Pradesh (Andhra Area) District Police Act, S. 11 of the Andhra Pradesh (Telangana Area) District Police Act and S. 9 … from suspected persons and security for good behaviour from habitual offenders. Two Chapters, besides the above, are devoted to maintenance of public order and tranquillity
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Aslam Babalal Desai Vs. State of Maharashtra
Supreme Court of India
Sep-15-1992
Contract
Constitution of India - Articles 22(2) and 136; Criminal Procedure (Amendment) Act, 1980
AIR1993SC1; 1993(1)ALT(Cri)265; 1993(41)BLJR75; 1992CriLJ3712; JT1992(6)SC21; 1992(2)SCALE523; (1992)4SCC272; [1992]Supp1SCR545
bail order passed by the High Court or Court of Session under Sub-section (1) of Section 439 of the Criminal Procedure Code. Such a Compulsive bail by the thrust of Section 167(2) can in no event be termed as a … J.1. Special leave granted.2. Can bail granted under the proviso to Sub-section (2) of Section 167 of the CrPC, 1973 (hereafter called 'the Code') for failure to complete the investigation within the period prescribed thereunder be cancelled on … sub-section shall be deemed to be so released under the provisions of Chapter XXXIII for the purposes of that Chapter:At this stage we may mention … 149 IPC, in regard to an incident which took place at about 11 p.m. on 8th September, 1990. The appellant was arrested in that connection
Tag this Judgment! AI Brief & AskBhausaheb @ Sandu S/O Raghuji Magar Vs. Leelabai W/O Bhausaheb Magar
Mumbai
Jul-07-2003
Family
Hindu Marriage Act, 1955 - Sections 5, 11, 25 and 25(1)
AIR2004Bom283; 2004(1)ALLMR278; 2004(2)BomCR767; II(2004)DMC321; 2003(4)MhLj1019
sections 498A, 323, 504, 506 of IP Code. Simultaneously, she had filed an application under section 125 of Criminal Procedure Code, 1973 before the Family Court, registered as Petition No. E-331/1999 for maintenance. The said petition was dismissed on … days since this marriage, she had filed prosecution against Bhausaheb under sections 498A, 323, 504, 506 of IP Code. Simultaneously, she had filed an application under section 125 of Criminal Procedure Code, 1973 before the Family Court, … the Hon'ble the Chief Justice for appropriate orders, under Rule 7 of Chapter I of the Bombay High Court Appellate Side Rules, 1960, for a … was void marriage in the light of section 5(i) read with section 11 of HM Act and therefore, she was not entitled for maintenance under
Tag this Judgment! AI Brief & AskC.Shakunthala and ors. Vs. H.P.Udayakumar and anr.
Supreme Court of India
Jan-16-2012
Land Acquisition
Code of Civil Procedure 1908 - Order 21 Rule 9, Section 151; Contempt of Courts Act, 1971 - Section 11(2), 15(1)(a); High Court of Karnataka (Contempt of Court Proceedings) Rules 1981 - Rule 13; Code of Criminal Procedure (CrPC), 1973 - Section 264, Chapter 21,; Contempt of Courts Rules, 1981 - Rule 8(2)(a),
(2012)2SCC294
Rules 1981 (in short `the Rules') read with Section 264 occurring in Chapter XXI of the Code of Criminal Procedure, 1973 (in short `the Code) is legally sustainable. 6) Since we have already narrated the facts of the … Court Proceedings) Rules 1981 (in short `the Rules') read with Section 264 occurring in Chapter XXI of the Code of Criminal Procedure, 1973 (in short `the Code) is legally sustainable. 6) Since we have already narrated the … same.m) In the circumstances, late M. Channappa filed a petition under Section 11(2) of the Contempt of Courts Act, 1971 before the High Court. After
Tag this Judgment! AI Brief & AskVasudev Pardasani Vs. Smt. Nirmala
Rajasthan
May-27-1996
FamilyCriminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 125 to 128 and 488; Constitution of India - Articles 15(3) and 34 and 39
II(1996)DMC309; 1996WLC(Raj)UC209; 1996(1)WLN661
This Composite Petition Under Section 397 of the Code of Criminal Procedure, 1973 (for short 'the Cr.P.C) is directed against the combined order dated August … Section 125(3), Cr.P.C.14. The provisions contained in Sections 125 to 128 of Chapter IX of the Code of Criminal Procedure, 1973 are by way of … recover the maintenance allowance due and the costs of this litigation from the petitioner in accordance with law. Criminal Procedure Code - Section 126(i)--Jurisdiction--Husband resides at Delhi and wife at Beawar--Words 'his wife' in sec. 126(i) not in Section … Section 126(i)--Jurisdiction--Husband resides at Delhi and wife at Beawar--Words 'his wife' in sec. 126(i) not in Section 488 CrPC (old)--Held, Family Court at Ajmer had jurisdiction to decide matter.;The petitioner resides at Delhi and the Non-petitioner at … two children of whom one, born on October 11, 1970, is alive. Since she has become major
Tag this Judgment! AI Brief & AskAlax Fernandes Vs. State and anr.
Mumbai
Sep-18-1992
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 133, 137 and 138
1993(2)BomCR55; (1993)95BOMLR404
Counsel for the petitioner we may beneficially go through the provisions of sections 133, 137 and 138 of the Criminal Procedure Code. Section 133 which is introduced in Chapter X and under the head of 'Public Nuisances' provides for conditional … E.S. Da Silva, J.1. The present application under section 482 of the Code of Criminal Procedure is directed against the judgment of the learned Sessions Judge, Panaji, dated 14th July, 1992 … Indradeo Singh and others , Vicant J. Cardozo v. State and another, 1973 Cri.L.J. 976, Madan Mohan Chowlia v. Ashutosh Sasmal and others , Uma … the existence of a public right through his property was without substance. 11. The learned Counsel has also made strong grievance on the merits of
Tag this Judgment! AI Brief & AskVilas and Others Vs. State of Maharashtra and Others
Mumbai Nagpur
Jun-22-2015
Education
cognizable and non-bailable. Notwithstanding anything contained in the Code of Criminal Procedure, 1973 â“ (a) offences punishable under section 11 shall be cognizable and non-bailable; … not contemplate filing of case by the Police Officer in accordance with Chapter XII of the Code of Criminal Procedure but contemplates the filing of a complaint case in accordance with Chapter XV of the Code of Criminal … filing of private complaint by Scrutiny Committee or its authorized officer in accordance with Chapter XV of the CrPC €“ Hence filing of final report by police under Section 173 of CrPC by way of charge sheet
Tag this Judgment! AI Brief & AskDevi Saran Mishra Vs. the Union of India (Uoi) and ors.
Allahabad
Feb-25-2010
Criminal
196 or 228 (45 of 1860) of the Indian Penal Code and Chapter XXVI of the Code of Criminal Procedure, 1973. (2 of 1974)16. Re-trial : (1) Except as provided by this Act, where the conviction of a … an application, the Tribunal shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908, (5 of 1908) while trying a suit in respect of the following matters, namely--(a) … Court Arrears Committee (1972) dismissed it as 'ill-conceived,' the LCI, in its 115th Report (1986) revived the recommendation of setting up separate Central Tax Courts.
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