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Ushaben Vs. Kishorbhai Chunilal Talpada And, ors.

Court : Supreme Court of India

Subject : Criminal Dowry

Acts : Code of Criminal Procedure (CPC) , 1973 - Section 482, 198, 190(1)(a), Chapter 20, 190, 198(1)(c), 198A, 2(d); Dowry Prohibition Act - Sections 3, 7; Indian Penal Code (IPC) - Sections 498A, 494, 506(2), Chapter 20

Court of Gujarat partly allowing the petition filed by the respondents under Section 482 of the Code of Criminal Procedure, 1973 (for short, "the Code"). The prayer made by respondents 1 to 9 was to quash the complaint … the High Court of Gujarat partly allowing the petition filed by the respondents under Section 482 of the Code of Criminal Procedure, 1973 (for short, "the Code"). The prayer made by respondents 1 to 9 was to … judgment in Babubhai Patel which relates to cognizance of offences falling in Chapter XX of the Code by a Court.9. We shall now quote the … home. During the subsistence of the appellant's marriage with respondent 2 in 2008, respondent 2 got married to respondent 8. Sometime in 2009, when the

Asia Metal Corporation (Huf) Vs. State and anr.

Court : Delhi

Subject : Criminal

Acts : Negotiable Instruments Act, 1881 - Sections 138, 141 and 143; Code of Criminal Procedure (CrPC) , 1973 - Sections 190(1), 200, 202, 203, 204, 227, 239, 251, 255 and 258

Reported in : 130(2006)DLT545

disposed of.LCR be sent back immediately. Banking - Chapter XX and Sections 225, 227, 239 and 251 of Criminal Procedure Code, 1973 and Sections 138 of Negotiable Instruments Act, 1881 - Accused charged for offence under Section 138 - … summons-case trial and had to be in terms of the procedure laid down in Chapter XX of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code). According to the learned Counsel for the respondents, … summons triable case the learned Metropolitan Magistrate issued the summons under Section 204 of the Code. On being produced before the Magistrate a notice under

The State (Tamil Nadu) Vs. Veerappan and ors.

Court : Chennai

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1974 - Sections 242, 242(2), 248, 253(1), 254(2), 255, 255(1) and 954

Reported in : AIR1980Mad260

81 Cr. P. C. 1861, the Magistrate to issue a warrant.5. We shall first examine the provisions of the Criminal Procedure Code of 1973, which have relevance to this matter.6. Section 255(1), Cr. P. C., under which the accused have … C. 1861, the Magistrate to issue a warrant.5. We shall first examine the provisions of the Criminal Procedure Code of 1973, which have relevance to this matter.6. Section 255(1), Cr. P. C., under which the accused have … ground for presuming that the accused has committed an offence tribal under Chapter XIX which such Magistrate is competent to try and which in his … of warrant cases instituted on the police reports by Magistrates or Chapter XX relating to the trial of summons cases instituted on police report, for

S.K.D. Lakshmanan Fireworks Industries and anr. Vs. K.V. Sivarama Kris ...

Court : Kerala

Subject : Commercial

Acts : Negotiable Instruments Act, 1881 - Sections 138 and 142; Code of Criminal Procedure (CrPC) , 1973 - Sections 300; Constitution of India - Article 20(2)

Reported in : [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

Directorate of Enforcement Vs. Deepak Mahajan and Another

Court : Supreme Court of India

Subject : Criminal

Acts : Foreign Exchange Regulation Act, 1973 - Sections 35; Constitution of India - Articles 20(3) and 22; General Clauses Act, 1897 - Sections 3(42) and 273; Indian Penal Code (IPC), 1860 - Sections 26, 29, 50, 61, 190(1), 192 and 202(1); Code of Criminal Procedure (CrPC) , 1974 - Sections 2(4), 4(2), 41, 42, 43, 44, 106, 113, 117, 156, 167, 173, 176, 398, 436, 437, 438 and 439;Customs Act - Sections 2, 45, 46, 62, 104 and 151; Evidence Act - Sections 24, 25 and 27; Code of Criminal Procedure (CrPC) , 1898 - Sections 45, 46, 56, 58 and 135; Code of Criminal Procedure (CrPC) (Amendment) Act (Crpc), 1978 - Sections 309 and 344; Sea Customs Act, 1878 - Sections 171A and 154; Police Act, 1961

Reported in : AIR1994SC1775; 1994(2)ALT(Cri)173; 1994(2)BLJR912; [1995]82CompCas103(SC); 1994CriLJ2269; 1994(1)Crimes892(SC); 1994(46)ECC255; 1994(70)ELT12(SC); JT1994(1)SC290; 1994(3)SCC440; [1994] 1 SCR 445

taken to a Magistrate.The Committee feel that Sub-Clause (3) being merely a repetition of the provisions of the Criminal Procedure Code, 1898 should be omitted.135. The view of the Committee expressed above can be taken as a guide in … Customs Officer is empowered with the power of investigation as contemplated under Chapter XII of the Code or under any specific provisions of the special … the Foreign Exchange Regulation Act, has jurisdiction to authorise detention of that person Under Section 167(2) of the CrPC ?2. As a preclude to the judgment, we would like to state that though the appellant in the … Sub-section (1) of Section 35 of the Foreign Exchange Regulation Act of 1973 which is in pari materia with Sub-section (1) of Section 104 of … an offence' which expression is used in Article 20(3) of the Constitution and in Sections 25 and

Shyni Varghese and ors. Vs. State (Govt. of Nct of Delhi) and anr.

Court : Delhi

Subject : NarcoticsCriminal

Acts : 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

Reported in : 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

Surendra Ramchandra Taori Vs. State of Maharashtra and ors.

Court : Mumbai

Subject : Criminal

Reported in : 2001ALLMR(Cri)2079; 2002BomCR(Cri)128; (2002)104BOMLR34

Inspector Local Crime Branch, Buldhana, District Buldhana on 23.10.1999 in a proceedings initiated under Chapter VIII of the Code of Criminal Procedure, 1973.2. It is the case of the petitioner that, as a journalist, he exposed the … rank of Commissioner of Police, as contemplated under Sub-section (5) of Section 20 of the Criminal Procedure Code. The petitioner has specifically sought a direction … a Police Inspector, by filing istegasha, showing his arrest on 23.10.1999 at 13.15 Hrs. under Section 41(2) of the Criminal Procedure Code vide istegasha No. 44/1999. On his production before the respondent No. 2 without even questioning the petitioner, the

Selvaraj, S/O Gnanadesihan Vs. P. Viswanathan

Court : Chennai

Subject : Banking Food Adulteration

Acts : Negotiable Instruments Act, 1881 -- Sections 138 and 142; Code of Civil Procedure (CPC), 1908 -- Sections 29, 167(2), and 325(1); Banking Public Financial Institution and Negotiable Instruments Laws (Amended) Act, 1988 (Act 66 of 1988) -- Sections 139, 140, 141 and 142; Code of Criminal Procedure (CrPC) , 1973 -- Sections 25, 26, 190, 200, 207, 262 to 265, 347, 372 to 379 and 468(1); Supreme Court Advocates (Practice in High Courts) Act, 1951 -- Sections 2; Indian Bar Councils Act, 1926 -- Sections 4(2) and 8(1), 9(4), 14(3) and 15; Narcotic Drugs and Psychotropic Substances Act, 1988 -- Sections 20, 27, 36-A, 37 and 51; Criminal Justice Act, 1948 -- Sections 23; Special Court Act, 1982 -- Sections 11(1); Constitution of India, Articles 132, 133, 134 and 136; Preventio

Reported in : 1999(2)ALD(Cri)438; 1999CriLJ4766; 1999(2)CTC652

of fine than the limit spelt out from the relevant provision regarding the powers of such Magistrate under the Criminal Procedure Code, 1973 in respect of the offence under Section 138 of the Negotiable Instruments Act, 1881.'2. The following factual … the limit spelt out from the relevant provision regarding the powers of such Magistrate under the Criminal Procedure Code, 1973 in respect of the offence under Section 138 of the Negotiable Instruments Act, 1881.'2. The following factual … 8(1) and 4(2) of the Bar Councils Act and Rule 38 of Chapter v of the Original Side Rules of the Calcutta High Court and … modified application of Section 167 as provided by sub-section (4) of Section 20 by which the period specified under Section 167 was increased, there was

Hari Nilkantha Patwardhan Vs. Mahadev Vinayak Sathe

Court : Mumbai

Subject : Criminal

Reported in : (1981)83BOMLR524; 1982MhLJ91

above.8. Now, there is no provision in the Code of Criminal Procedure, 1973, of dismissing a case for default of appearance of the complainant or … once the charge is framed the magistrate must proceed as required by Chapter XXI of the Code of Criminal Procedure and appreciate the evidence in … the absence of the complainant as that procedure in such cases is not contemplated under steps 250 of the Criminal Procedure Code or on account of the absence of the prosecution witnesses without taking adequate steps to secure their attendance.12. … of law, viz., whether the Magistrate has got power to discharge the accused under Section 249 of the Code of Criminal Procedure in default of appearance of the complainant or of the witnesses, who were examined prior … the petitioner to cross-examine the witnesses. On August 20, 1979 the learned Judicial Magistrate, First Class, Miraj,

Bandela Ailaiah Vs. State of Andhra Pradesh Through Public Prosecutor

Court : Andhra Pradesh

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 148, 149, 302 and 506; Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 5, 6, 27, 209 and 313; Arms Act - Sections 27; Terriost and Disruptive Activities (Prevention) Act - Sections 3 and 6

Reported in : 1994(2)ALT519; 1994(2)AnWR551

149, 302 and 506 of Indian Penal Code, 1860, Sections 2, 5, 6, 27, 209 and 313 of Criminal Procedure Code, 1973, Section 27 of Arms Act and Sections 3 and 6 of Terrorist and Disruptive Activities (Prevention) Act … and in pari material with the expression triable 'exclusively' used in Section 209 of the Code of Criminal Procedure. A combined reading of Section 5(1) … Karimnagar had powers and jurisdiction to try the appellant-accused No. 3 under Chapter XVIII of Cr.P.C. and to b) convict and sentence him for the … Reasons prefixed to the Act propel the real intention of the legislature to make the Act a self-contained Code in regard to juvenile justice. Section 63 of the Act categorically and in one stroke repeals any law