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Asha Pant Vs. State and ors.

Court : Delhi

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 107, 107(1), 111, 113, 116(3), 117, 150, 156(3) and 482; Constitution of India - Article 22

Reported in : 2008(102)DRJ216

S. Muralidhar, J.1. These petitions under Section 482 of the Code of Criminal Procedure, 1973 ('CrPC') challenge two Kalandaras arising out of the same set of events. The first is titled State … STATION PARLIAMENT STREET NEW DELHI DISTT, NEW DELHI.FORM NO. 14SUMMON OF INFORMATION OF A PROBABLE BREACH OF PEACE.SEE SECTION-113 Cr.PCTo,Mrs. Asha Pant W/o Sh. Ranjan PantR/o 10-A, 'B' Portion Flat, First Floor, Kasturba Gandhi Marg New Delhi.Whereas

Colonel D.D. Pawar, C-25415-a Vs. Commander Hq Andhra Sub-area, Secund ...

Court : Andhra Pradesh

Subject : Service

Acts : Army Act, 1950 - Sections 1, 2, 3, 19, 34 to 70, 71, 80 to 85, 109, 118, 122, 122(1), 122(3), 191(1) and 191(2); Army Rules, 1954 - Rules 14, 22, 22(2), 53, 70 and 177 to 185; Army (Amendment) Act, 1992; Code of Criminal Procedure (CrPC) , 1973 - Sections 469 and 469(1); Companies Act, 1956 - Sections 113, 545 and 621; Protection of Human Rights Act, 1993

Reported in : 2001(5)ALD56; 2001(5)ALT52

(1) of Section 122 of the Army Act is ipsi sima verba with Section 469 of Code of Criminal Procedure, 1973, which reads as under :469. Commencement of period of limitation :--The period of limitation, in relation to … of the Army Act is ipsi sima verba with Section 469 of Code of Criminal Procedure, 1973, which reads as under :469. Commencement of period … used in Section 469(1) (b) of Cr.PC in the context of offence allegedly committed by a Company under Section 113 of the Companies Act, 1956. Having regard to Section 621 of the Companies Act,which inter alia empowers the

Nimmagadda Ravi and ors. Vs. State of A.P.

Court : Andhra Pradesh

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 107, 111, 112, 113, 114, 116 and 482

Reported in : 1998(2)ALD621; 1998(1)ALD(Cri)401; 1998CriLJ1823

Guntur are quashed. (i) Criminal - compliance of statutory provisions - Sections 107, 111, 113 and 115 of Criminal Procedure Code, 1973 - petition filed to quash proceedings initiated on file of Sub-Divisional Magistrate - every summons and warrant … village, the proceedings under Section 107 Cr. PC have been initiated by the Sub-Divisional Magistrate, Guntur. Summons under Section 113 Cr.PC have been issued to all the respondents in both the cases, directing them to attend in person … over to the personin respect of whom it is made though the Code does not provide that he should plead to it. When no such

Thirani Chemicals Ltd. and ors. Vs. Registrar of Companies

Court : Delhi

Subject : CriminalCompany

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 482; Companies Act, 1956 - Sections 113(2)

Reported in : 1994CriLJ195; 1993(2)Crimes308; 50(1993)DLT558; 1994RLR314

filed by the petitioner under Section 482 of the Criminal Procedure Code, 1973, against the order of summoning passed by the magistrate at the time … alleged to have taken cognizance by invoking Regulation 32 of Assam Frontier (Administration of Justice) Regulation (1945) because the Criminal Procedure Code was not applicable at that time in the State of ArunachalPradesh. There the Magistrate took cognizance of the … R.L. Gnpta, J.(1) The petitioner has filed a petition under Section 482 of the Code of Criminal Procedure (Code for short) for quashing criminal proceedings alleged to be pending in the Court of … Delhi and filed by the respondent i.e. the Registrar of Companies u/Section 113(2) of the Companies Act, 1956. During the pendency of this petition the

Ghanshyam Chaturbhuj Vs. Industrial Ceramics P. Ltd. and Others

Court : Chennai

Subject : CompanyCriminal

Acts : Companies Act, 1956, Ss. 113, 113(2), 159, 162, 168, 220, 234, 621 and 628; Code of Criminal Procedure (CrPC) , 1973 - Sections 472

Reported in : [1990]68CompCas36(Mad)

of the Act is a continuing offence. 6. The term 'continuing offence' has not been defined either in the Criminal Procedure Code or in any other statute. However, judicial pronouncements of the Supreme Court and other High Courts under different … the Additional Chief Metropolitan Magistrate (E.O.I.), Egmore, Madras, under section 203,Criminal Procedure Code, has preferred this revision, challenging the above order of dismissal. 2. The … Padmini Jesudurai, J. 1. The petitioner whose complaint against the respondents for an offence under section 113 of the Companies Act, 1956 (hereinafter referred to as 'the ACt'), for failure to issue to him share … guidelines. The Supreme Court in State of Bihar v. Deokaran Nenshi : 1973CriLJ347 , while holding that the offence mentioned under section 66 of the

Sunil Bhiku Yadav and ors. Vs. State of Maharashtra

Court : Mumbai

Subject : Criminal

Acts : Evidence Act, 1872 - Sections 113, 113B and 114; Dowry Prohibition Act, 1961 - Sections 2; Indian Penal Code (IPC), 1860 - Sections 34, 304B, 304B(1), 306 and 498A; Code of Criminal Procedure (CrPC) , 1898 - Sections 423(1); Code of Criminal Procedure (CrPC) , 1973 - Sections 386

Reported in : 2009CriLJ4262

It has been held in State of A.P. v. Thadi Narayana that Section 423(1)(b)(i) of the Code of Criminal Procedure, 1898 (which corresponds to Section 386(b)(i) of the Code of Criminal Procedure, 1973) is clearly confined to cases … in State of A.P. v. Thadi Narayana that Section 423(1)(b)(i) of the Code of Criminal Procedure, 1898 (which corresponds to Section 386(b)(i) of the Code … death of the lady, there was cruelty or harassment and only in that case, does the presumption under Section 113-B operate. He has placed reliance on the decision of the Supreme Court in the case of Kamesh Panjiyar

Naresh, and ors. Vs. the State of Uttaranchal.

Court : Uttaranchal

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 (Cr.P.C) - Sections 374(2), 207, 313; Evidence Act, 1872 - Sections 113-B ; Indian Penal Code (IPC), 1860 - Section 304- B, 498-A, 201 ; Dowry Prohibition Act, 1961 - Section 2 ;

1. This appeal, preferred by the appellants u/s 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C.), is directed against the judgment and order dated 23.2.1998 passed by the … 1. This appeal, preferred by the appellants u/s 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C.), is directed against the judgment and order dated 23.2.1998 … Naresh, Kalwa, Smt. Bimla, Suresh and Smt. Sommi have been convicted under Section 498-A, 304-B and 201 of Indian Penal Code, 1860 (for short, IPC) … 304-B, 498-A and 201 IPC keeping in view the provisions of Section 113-B of the Indian Evidence Act and, therefore, before any further discussion, it

Soni Devrajbhai Babubhai Vs. State of Gujarat and Others

Court : Supreme Court of India

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973; Constitution of India - Article 20(1); Indian Penal Code (IPC), 1860 - Sections 34, 304-B and 498-A; Evidence Act, 1872 - Sections 113-B; Dowry Prohibition Act, 1961 - Sections 2 and 8

Reported in : AIR1991SC2173; 1992(40)BLJR286; 1991CriLJ3135; 1991(3)Crimes271(SC); II(1991)DMC392SC; (1992)1GLR189; JT1991(3)SC542; 1991(2)SCALE410; (1991)4SCC298; [1991]3SCR812

continuing it to be non-compoundable. By Sections 10, 11 and 12, amendments were made in the Indian Penal Code, CrPC, 1973 and the Indian Evidence Act, 1872, as part of the same scheme as follows:10. In the Indian Penal … bride. This experience has led to several other legislative measures in the continuing battle to combat this evil.7. The Criminal Law (Second Amendment) Act, 1983 (No. 45 of 1983) was an act further to amend the Indian Penal … a new offence and not merely a provision effecting a change in procedure for trial of a pre-existing substantive offence. Acceptance of the appellant's contention … registered as Criminal Case No. 382 of 1988 for an offence under Section 498-A read with Section 34 IPC. The petitioner filed an application for … included Section 198A therein and also inserted Section 113A in the Indian Evidence Act, 1872. Thereafter, the

Jitendra R. Deshprabhu and ors. Vs. Executive Magistrate and anr.

Court : Mumbai

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 101, 107 116(1) and 116(3)

Reported in : 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 … 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 … is to bring that person before the Court, Section 114 mandates that every summons or warrant issued under section 113 shall be accompanied by a copy of the order made under section 111 and such a summons or

Natvarlal A. Jani Vs. N.N. Jain, Chairman and Managing Director, Prest ...

Court : Gujarat

Subject : Company

Acts : Companies Act, 1956 - Sections 2(10A), 10E, 10E(4), 113, 113(2) and 113(3); Code of Criminal Procedure (CrPC) , 1973

Reported in : [1999]98CompCas720(Guj); 1998CriLJ2159; (1999)2GLR1374

within the provisions of criminal courts established under the Criminal Procedure Code, 1973, and, therefore, the argument that only the Board can exercise jurisdiction and, … a statute is one thing and penalty imposed by that very statute necessarily has to be treated under the Criminal Procedure Code read with relevant provisions of the statute which market that particular act an offence. Once it is an … that very statute necessarily has to be treated under the Criminal Procedure Code read with relevant provisions of the statute which market that particular act … away by the argument advanced on behalf of the original accused that in view of the amendment in section 113 of the Companies Act, 1956 (for short 'the Act'), punishment can be done to the defaulting respondent under