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Naseera Begum and ors. Vs. Syed Habibur Rehman and anr.
Mumbai
Oct-05-1993
Labour and Industrial
Code of Civil Procedure (CPC) , 1973 - Sections 125 and 421
(1995)IILLJ462Bom
Surinder Singh, 1989Mh.LJ. 1, by the Supreme Court thus:'The scheme of the provisions embodied in Chapter IX of the Criminal Procedure Code comprising of Sections 125 to 128 which constitutes a complete Code in itself deals with three questions, namely, … monthly maintenance. She filed an application under Section 125, Criminal Procedure Code, 1973, for the monthly maintenance on July 27, 1981 in the Court of … battle in 1981 for monthly maintenance. She filed an application under Section 125, Criminal Procedure Code, 1973, for the monthly maintenance on July 27, 1981 … can be held to be a tangible movable property for the purposes of Section 421 of Criminal Procedure Code and it cannot, at any time, be attached for recovery of the defaulted amount of the maintenance awarded
Tag this Judgment! AI Brief & AskShyni Varghese and ors. Vs. State (Govt. of Nct of Delhi) and anr.
Delhi
Feb-15-2008
NarcoticsCriminal
Narcotics Drugs and Psychotropic Substances Act - Sections 19, 21, 21A, 25, 27 and 29; Prevention of Corruption Act, 1947 - Sections 3 and 5(4); Prevention of Corruption Act (Amendment) Act, 1952 - Sections 5 and 5A; Evidence Act 1872; Antiquities and Art Treasures Act, 1972 - Sections 25(1); Income Tax Act, 1961 - Sections 132; Indian Penal Code (IPC), 1860 - Sections 34, 120B, 109, 114, 161, 165, 165A, 172 to 188, 193 to 196, 199, 200, 201, 204, 205 to 211, 228, 406, 411, 420, 463, 471, 476 and 485; Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 154, 155, 155(2), 156, 156(3), 173, 173(2), 190 to 199, 200, 202(1), 202, 203, 340, 482 and 537; Constitution of India - Articles 20(3) and 21
147(2008)DLT691
provisions of the American Constitution. In : 1978(2)ELT287(SC) , already referred to a search and seizure made under the Criminal Procedure Code was challenged as illegal on the ground of violation of the fundamental right under Article 20(3), the argument … not limit the coverage provided by the said Explanationn to offences in Chapter XI of the Penal Code, but is couched in general language, and … submission of the report by the officer in charge of the police station in court under Section 173(2) CrPC, this field being exclusively reserved for the investigating agency. 21. An incidental question as to what will be … decision rendered by it in Dr. M.C. Sulkunte v. State of Mysore 1973 SCC 513, held that it is clear from these authorities that an … and at about 3.00 P.M. the accused No. 12 Along with accused No. 7 gave a press
Tag this Judgment! AI Brief & AskMoreshwar S/O Deoraoji Date Vs. the State of Maharashtra and Others
Mumbai
Jul-31-1997
CriminalTrusts and Societies
Maharashtra Co-operative Societies Act, 1960 - Sections 162; Prevention of Corruption Act, 1988 - Sections 5, 7, 10, 11, 13,15 19 and 161; Code of Criminal Procedure (CrPC) , 1973 - Sections 154, 156(3), 167, 190, 197, 200 and 202; Constitution of India - Sections 482, Article 20(2), 226 and 227; Indian Penal Code (IPC) - Sections 120 - B, 109, 466 and 471;
1998BomCR(Cri)544; 1998(1)MhLj490
persons, shall follow the procedure prescribed by the Code of Criminal Procedure, 1973 (2 of 1974), for the trial of warrant cases by Magistrates. Section … as provided in section 154 to 176, that is in accordance with Chapter XII of the Criminal Procedure Code subject to the modifications provided in … appears that the judicial custody was granted for five days in exercise of powers of section 167 of the Criminal Procedure Code and thereafter, the petitioner was released on bail. The learned Counsel submits that thus there was application of … powers of this Court under Articles 226 and 227 of the Constitution and under section 482 of the Code of Criminal Procedure requesting this Court to quash and set aside the F.I.R. and the proceedings in Crime … 247 of 1996 against the petitioner under sections 120B, 109, 466 and 471 of the Indian Penal
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Laxminarayan Vishwanath Arya Vs. the State of Maharashtra Through Seni ...
Mumbai
Jul-19-2007
Criminal
Indian Police Act, 1861; Punjab Police Rules, 1934 - Rule 24.1 and 24.5; Prevention of corruption Act, 1947 - Sections 7A; Prevention of Corruption (Amendment) Act, 1988 - Sections 22; Punjab Good Conduct Prisoners (Temporary Release) Act - Sections 3 and 4; Indian Penal Code (IPC) - Sections 34, 406, 409, 420, 467 and 468; Code of Criminal Procedure (CrPC) , 1973 - Sections 41, 41(2), 42, 43, 44, 154, 154(1), 154(3), 156, 156(1), 156(3), 157, 166, 167, 169, 170, 173, 173(2), 176, 177, 190, 200, 203, 204, 389, 438 and 439
(2007)109BOMLR1583; 2008CriLJ1; 2007(4)MhLj7; 2008(1)AIRKarR465(FB)(Bom)
against whom FIR is registered pursuant to the orders issued by the learned Magistrate under Section 156(3) of the Criminal Procedure Code, 1973? (ii) Whether the police can exercise the powers of arrest under Section 41 of the Criminal Procedure … Swatanter Kumar, C.J.1. The legislative scheme behind the Code of Criminal Procedure, 1973 discerningly deciphers distinction of jurisdiction and field covered by the police or investigating agency … distinct components involved in the administration of criminal justice as provided under Chapter XII (Sections 154 to 176) and Chapter XIII to XV (Sections 177 … given by the Hon`ble Bombay High Court in Criminal Writ Petition No. 1254 of 2006, the police authority making investigation shall not arrest accused without
Tag this Judgment! AI Brief & AskShaikh Babbu S/O. Sk. KhutbuddIn Vs. Sayeda Masarat Begum and Another
Mumbai
Jul-23-1999
Criminal
Muslim Womens (Protection of Rights on Divorce) Act, 1986 - Sections 3, 4, 5 and 6; Constitution of India - Articles 14, 15, 21, 141, 142, 226, 245 and 246; Code of Criminal Procedure (CrPC) , 1973 - Sections 125, 127 and 128; Family Courts Act, 1984 - Sections 7, 8, 19 and 20; Wakf Act, 1954 - Sections 9; Wakf Act, 1995 - Sections 36; Family Courts Act, 1994 - Sections 7(2); Bombay High Court Appellate Side Rules, 1960 - Rule 7; Hindu Succession Act, 1956 - Sections 15(2) and 16
2000(5)BomCR118; 1999CriLJ4822
field regarding the rights of divorced Muslim woman to seek maintenance against her husband under Chapter IX of the Criminal Procedure Code. v) After the enactment of the M.W. Act, a divorced Muslim woman is precluded from filing an application … of maintenance of wife, children and parents) of the Criminal Procedure Code, 1973 and such other jurisdiction as may be conferred on it by any … the document of divorce entered in the register. The wife filed an application under section 125 of the Code of Criminal Procedure in the Family Court on 27-9-1996 and claimed maintenance for herself and for her son … divorce entered in the register. The wife filed an application under section 125 of the Code of Criminal Procedure in the Family Court on 27-9-1996
Tag this Judgment! AI Brief & AskRadhika Agarwal versus Union of India and Others
Supreme Court of India
Feb-27-2025
Right to Information
[2025]2S.C.R.1331
- ss.104(4), 104(6) - Central Goods and Services Tax Act, 2017 - ss.69, 70, 132 - Code of Criminal Procedure, 1973 - ss.4, 5, 50; Chapter XII - Constitution of India - Articles 246-A, 21 22(1), 32, 226 … empowered to exercise all the powers of a police officer including the power to file a report u/s.173, CrPC - Customs officers are not police officers - Evidence Act, 1872 - s.25 - Code of Criminal Procedure, … committed offence under the special Act - Judicial Review. [Paras 6, 9, 12, 13]Constitution of India - Article 246-A - Lists I and II of
Tag this Judgment! AI Brief & AskThe State of Karnataka Vs. Balappa Bhau Vadagave and ors.
Karnataka
Mar-02-1984
Criminal
Indian Penal Code (IPC), 1860 - Sections 34, 146, 149, 302, 324 and 373(3); Code of Criminal Procedure (CrPC) , 1973 - Sections 157 and 173
ILR1984KAR21; 1984(2)KarLJ1
in complaints and counter-complaints.63. Section 2(h) of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Code') defines 'investigation'. The term 'investigation' as … either by the police or the Public Prosecutor. The powers of investigation given to the police by the Criminal Procedure Code are given for the purpose of ascertaining the truth, not for dressing up cases with any evidence true … in S. C. No. 28/1981. Cr. A. No. 281/1982 is one under Section 378(1) and (3) of the Code of Criminal Procedure against the acquittal of all the five accused of the offences punishable under Sections 147, … under the Indian Penal Code should be as provided in the Code. Chapter XII of the Code deals with information to the police and their … of A 4 under a panchanama Ex. P. 12, on 25-12-1980. He handed over all the seized
Tag this Judgment! AI Brief & AskAb (Name Withheld), Vs. State of Orissa and ors.
Orissa
Jan-20-2005
Criminal
Evidence Act - Sections 10; ;Prevention of Corruption Act, 1947 - Sections 7A; ;Prevention of Corruption Act, 1988 - Sections 22; ;Code of Criminal Procedure (CrPC) , 1973 - Sections 164, 173(8), 190, 190(1), 319 and 319(1); ;Indian Penal Code (IPC) - Sections 120B, 292, 342, 354, 363, 376 and 511; ;Code of Criminal Procedure (CrPC) , 1898 - Sections 173(1); ;Constitution of India - Article 226
2005(I)OLR295
exercise of powers under Section 190 of the Code of Criminal Procedure, 1973. In support of this submission, Mr. Padhi cited the decisions of the … were running away from the scene. The police after investigation submitted a final report under Section 173(1) of the Criminal Procedure Code, 1898 to the effect that the offence complained of was false. Dinesh Mishra filed a protest petition challenging … be taken, the same can be done before the concerned Court in terms of Section 173 of the Code of Criminal Procedure.3. The petitioner in O.J.C. No. 13305 of 1999 Sri Prasanta Kumar Das then filed Misc. … police, when they have submitted a final report. The entire scheme of Chapter XIV clearly indicates that the formation of the opinion, as to whether … Commission. Thereafter, a fresh writ petition O.J.C. No. 12461 of 1999 was filed by one Dr. Suprava
Tag this Judgment! AI Brief & AskJitendra R. Deshprabhu and ors. Vs. Executive Magistrate and anr.
Mumbai
Oct-04-1990
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 101, 107 116(1) and 116(3)
1992(1)BomCR233
G.D. Kamat, J.1. In this petition under section 482 of the Criminal Procedure Code, 1973, the petitioners are questioning the legality and propriety of the order of the Executive Magistrate, Pernem, dated … G.D. Kamat, J.1. In this petition under section 482 of the Criminal Procedure Code, 1973, the petitioners are questioning the legality and propriety of the order of the Executive Magistrate, Pernem, dated … order is made in case No. JM/MAG/39/90 in proceedings drawn up under chapter VIII of the Criminal Procedure Code.3. Though the order has been made … 9) Sandeep V. Talaunekar, 10) Ulhas P. Bandekar, 11) Suresh B. Talaunekar, 12) Nakul P. Mhammal, 13) Rekha S. Talaunekar, 14) Prabhakar M. Talaunekar, all
Tag this Judgment! AI Brief & AskRamesh Kumar Vs. State of Rajasthan
Rajasthan
Jan-18-1999
Criminal
Evidence Act, 1872 - Sections 25, 26 and 28; Code of Criminal Procedure (CrPC) , 1974 - Sections 154, 162 and 162(1); Indian Penal Code (IPC), 1860 - Sections 302; Constitution of India - Article 20; Rajasthan Police Service Rules, 1954; Rajasthan Police Subordinate Service Rules, 1989 - Rule 4
1999CriLJ871; 1999(2)WLC8; 1999(1)WLN130
been made--Confession made to police officer before lodging of FIR would not attract Section 25 Evidence Act, 1872.;(b) Criminal Procedure code, 1973 - Section 162--Exclusion of user of statement made to police officer--To attract the bar of Section 162, … Section 25 are powers of investigation, arrest, detention etc. as envisaged by Chapters XII and XIV of the Code of Criminal Procedure, 1973. If the … an offence' under Section 25 means only a person against whom a first information report under Section 154, CrPC, has been made--Confession made to police officer before lodging of FIR would not attract Section 25 Evidence Act, … was made by Ramesh to W. P. 3 Hari Prasad and P.W. 12 Shivcharan, Ramesh was not accused of any offence and, therefore, there is
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