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Dec 14 1989

Shail Mehboob Ali Vs. the Commissioner of Police, Hyderabad and Secund ...

Court : Andhra Pradesh

Decided on : Dec-14-1989

Subject : Criminal

Acts : Societies Registration Act; Indian Penal Code (IPC), 1860 - Sections 489A, 489B, 489C and 489D; Code of Criminal Procedure (CrPC) , 1973 - Sections 106, 107, 108 and 110(1)

Reported in : 1992(2)ALT158; 1991CriLJ1

489B, 489C and 489D of Indian Penal Code, 1860 and Sections 106, 107, 108 and 110 (1) of Criminal Procedure Code, 1973 - name of petitioner included in rowdy sheet without complying with Police Standing Order No. 742 - … of kidnapping, abduction extortion, cheating or mischief or any offence punishable under Chapter XII of the Indian Penal Code (45 of 1860) or under Section 489A, Section 489B, Section 489C or Section 489D of that Code or

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Nov 03 1981

Gulam Abbas and ors. Vs. State of Uttar Pradesh and ors.

Court : Supreme Court of India

Decided on : Nov-03-1981

Subject : Constitution

Acts : Constitution of India - Articles 32, 137 and 141; Code of Criminal Procedure (CrPC) , 1973 - Sections 6, 8, 19, 20, 21, 22, 23, 26, 35, 106, 107, 129, 132, 133, 143, 144, 144(1), 144(2), 144(5), 145, 148, 397 and 476; Code of Civil Procedure (CPC), 1908 - Sections 11 - Order I, Rule 8; Bombay Police Act, 1951 - Sections 37; Uttar Pradesh Muslim Wakfs Act, 1936 - Sections 5(1), 5(2), 28, 29 and 38; Uttar Pradesh Muslim Wakfs (Amendment) Act, 1960 - Sections 28 and 29

Reported in : AIR1981SC2198; 1981CriLJ1835; 1981(3)SCALE1707; (1982)1SCC71; [1982]1SCR1077

derivative title. 23. The next question that arises for consideration is whether an Order made under Section 144 Criminal Procedure Code is judicial or quasi-judicial order or whether it is passed in exercise of an executive power in performance … a great extent. The Law Commission in its 37th Report ion the CrPC 1898 made several recommendations in, this behalf to which we might usefully … rendered infructuous and the controversy remained undecided. However, when in the year 1973 on the occasion of Barawafat the City Magistrate, Varanasi by his order … the former to the Judicial Magistrates and the latter to the Executive Magistrates. For example, the power under Section 106 to release a person on conviction of certain types of offences by obtaining from him security by way

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Jan 31 1994

Directorate of Enforcement Vs. Deepak Mahajan and Another

Court : Supreme Court of India

Decided on : Jan-31-1994

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 … 122 of the Code can commit any person to prison if that person ordered to give security under Section 106 or Section 117 of the Code does not give such security. Similarly, under Section 151 which falls under … 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 … 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

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Nov 13 1979

State of Bihar and anr. Vs. J.A.C. Saldanha and ors.

Court : Supreme Court of India

Decided on : Nov-13-1979

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 1, 2, 3, 4, 4(1), 5, 12, 22, 36, 46(2), 156, 156(1), 156(2), 156(3), 173, 173(2), 173(8) and 190; Police Act, 1861 - Sections 3, 12 and 22; Indian Penal Code (IPC) - Sections 105, 106, 120-B, 368, 418 and 420

Reported in : AIR1980SC326; 1980CriLJ98; (1980)1SCC554; [1980]2SCR16

a criminal case in which a report was submitted by the investigating agency under Section 173(2) of the CrPC, 1973 ('Code' for short) to the Magistrate having jurisdiction to try the case (lb). Whether the Magistrate having jurisdiction … to the right of the Court to intervene in an appropriate case when moved under Section 491 of the Criminal Procedure Code to give directions in the nature of habeas corpus. In such a case as the present, however, the … Sections 3, 12 and 22 of Police Act, 1861 and Sections 105, 106, 120B, 368, 418 and 420 of Indian Penal Code, 1860 - investigation

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Sep 30 1997

M/s. Sugesan and Co., Pvt. Ltd. Vs. Pachaiyappa's Trust and Scheduled ...

Court : Chennai

Decided on : Sep-30-1997

Subject : Property

Acts : Transfer of Property Act, 1882 -- Sections 106 and 111; Tamil Nadu Buildings (Lease and Rent Control) Act, 1960; Constitution of India -- Article 14; Pachaiyappa's Trust (Takingover of Management) Act, 1991; Tamil Nadu Act, 1981; Code of Criminal Procedure (CrPC) , 1973 -- Order 6, Rules 14 and 15; Indian Limitation Act, 1963 -- Sections 21 and 22 -- Order 1, Rule 10 (1) or (2);

Reported in : 1998(2)CTC572

Trust (Taking over of Management) Act, 1991, Tamil Nadu Act, 1981, Order 6 Rules 14 and 15 of Criminal Procedure Code, 1973 and Sections 21, 22 and Order 1 Rule 10 (1 or 2) of Indian Limitation Act, 1963 … Nadu Act, 1981, Order 6 Rules 14 and 15 of Criminal Procedure Code, 1973 and Sections 21, 22 and Order 1 Rule 10 (1 or … dated 6.11.1982 terminating the tenancy of the defendant had been received by the defendant; and the provisions of Section 106 of the Transfer of Property Act had not been complied with.4. In the additional written statement the defendant

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Jan 30 2004

ishwar Sadeppa Nandennavar Vs. State of Karnataka, Rep. by Its State P ...

Court : Karnataka

Decided on : Jan-30-2004

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 279, 304(A), 337 and 338; Code of Criminal Procedure (CrPC) , 1973 - Sections 313; Evidence Act, 1872 - Sections 106

Reported in : I(2005)ACC193; ILR2004KAR1459; 2004(4)KarLJ23

been offered by the accused. That the Courts below have rightly invoked the doctrine of Res Ipsa Loquitor.;(B) CRIMINAL PROCEDURE CODE, 1973 (CENTRAL ACT NO. 11 OF 1974) - SECTION 313 - Powers of Court to examine accused - … the revision petition is dismissed as devoid of merits. (A) INDIAN PENAL CODE ( ACT NO. XLV OF 1860) - SECTIONS 279, 337, 338, 304 … according to them when the impact took place. In this regard, if one looks into the provision of Section 106 of the evidence Act, person like driver of a offending vehicle has been called out for having special

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Dec 14 1995

Mathangi Satyanarayana and ors. Etc. Vs. State

Court : Andhra Pradesh

Decided on : Dec-14-1995

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 106, 107, 108, 109, 110, 111, 112, 113, 116, 116(1), 116(3), 116(6), 124 and 482

Reported in : 1996(1)ALD(Cri)456; 1996CriLJ1809

107, 108, 109, 110, 111, 112, 113, 116, 116 (1), 116 (3), 116 (6), 124 and 482 of Criminal Procedure Code, 1973 - petition filed under Section 482 to quash proceedings initiated under Section 107 on inspector's complaint - … on the file of the Sub-Divisional Magistrate (Revenue), Eluru, have filed this petition under Section 482 of the Code of Criminal Procedure (for short 'the Code') to quash the proceedings initiated against them under Section 107 of … the Code. The provisions of Chapter XIII of the Code containing Sections 106 - 124 deal with the powers of a Court of Sessions or

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Aug 01 1996

The Government of Andhra Pradesh and ors. Vs. E. Kumar and ors.

Court : Andhra Pradesh

Decided on : Aug-01-1996

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 106 and 118

Reported in : 1999(4)ALD225; 1996(2)ALD(Cri)603; 1996(4)ALT259; 1996CriLJ4420

and dismiss the writ petition. 13. Order accordingly. Criminal - adolescent offenders - Sections 106 and 118 of Criminal Procedure Code, 1973 and Sections 2 (1), 8, 10 and 10A of Borstal School Act, 1925 - Writ Court directed … ordered to give security (under Section 106 or Section 118) of the Code of Criminal Procedure has failed to do so and who at the … has been convicted of any offence punishable with imprisonment or who having been ordered to give security (under Section 106 or Section 118) of the Code of Criminal Procedure has failed to do so and who at the

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Oct 20 1997

S. Raghuramaiah Vs. Govt. of A.P. and ors.

Court : Andhra Pradesh

Decided on : Oct-20-1997

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 106, 110 and 321; Constitution of India - Article 226; Indian Penal Code (IPC), 1860 - Sections 107, 120(B), 147, 148, 149, 160 and 302; Explosive Substances Act, 1908 - Sections 3 and 5; Code of Criminal Procedure (CrPC) , 1973 - Sections 156, 173, 190, 202, 209 and 321; Delhi Speical Establishment Act, 1946

Reported in : 1998(1)ALD304; 1997(2)ALD(Cri)932; 1997(6)ALT625; 1998(1)ALT(Cri)439

in a whimsical and capricious manner. (ii) Grant of security - Sections 106 and 110 of Criminal Procedure Code, 1973 and Article 226 of Constitution … Department, dated 20-3-1997, passed the following order: (i) Criminal - power of public prosecutor - Section 321 of Criminal Procedure Code, 1973 - whether a criminal case pending before Court can be withdrawn - public prosecutor has discretion to … Police has reported that in one case the petitioner was charged under Section 160 of the Indian Penal Code and convicted and sentenced to pay fine of Rs.100/- by the Judicial First Class Magistrate, Nandikotkur, in another

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Aug 01 2008

Satya NaraIn Yadav Vs. Gajanand and anr.

Court : Supreme Court of India

Decided on : Aug-01-2008

Subject : Criminal

Acts : Evidence Act, 1872 - Sections 105; Delhi Special Police Establishment Act, 1946; Indian Penal Code (IPC), 1860 - Sections 96 to 98, 99, 100 to 106, 149, 302, 307, 323 and 447; Code of Criminal Procedure (CrPC) , 1973 - Sections 372 to 394, 417, 418, 423 and 423(1); Code of Criminal Procedure (CrPC) , 1898 - Sections 417

Reported in : AIR2008SC3284; 2008(2)ALD(Cri)785; JT2008(8)SC432; 2009(I)OLR(SC)78; RLW2009(1)SC263; 2008(10)SCALE728; 2008AIRSCW5562; 2008(3)Crimes295; 2008(5)LH(SC)3044

position first. Chapter XXIX (Sections 372-394) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the present Code') deals with appeals. Section 372 … observed inter-alia as follows:This Court obviously did not and could not add a condition to Section 417 of the Criminal Procedure Code. The words were intended to convey the idea that an appellate court not only shall bear in mind … High Court empowered to determine both questions of law and fact against an order of acquittal u/s 378, CrPC - Appellate court not to disturb finding of acquittal by trial court if two reasonable conclusions possible on … acts. The right given under Sections 96 to 98 and 100 to 106 is controlled by Section 99. To claim a right of private defence

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