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Dr. Dattatraya Narayan Samant and Others Vs. State of Maharashtra

Court : Mumbai

Subject : Criminal

Acts : Constitution of India - Articles 134(1) and 227; Indian Penal Code (IPC), 1860 - Sections 109, 115, 120B, 307, 316 and 476; Code of Criminal Procedure (CrPC) , 1973 - Sections 227 and 228

Reported in : 1982(1)BomCR1; (1981)83BOMLR553; 1982CriLJ1025

stage of S. 227 or 228 of the Code of Criminal Procedure, 1973. At this stage, even a very strong suspicion founded upon materials before … case and they may be referred to here. Referring to the provisions of Sections 227 and 228 of Criminal Procedure Code, it was observed in that Judgment as follows :'Reading the two provisions together in juxtaposition as they have … ORDER1. The petitioners have filed this petition under Section 482 of the Code of Criminal Procedure as also under Article 227 of the Constitution of India, challenging the order of framing … the accused had committed offences punishable under Section 120B. 307 r.w. S. 115 of the Penal Code. It is not necessary to refer to each

Nikhil Shah Vs. the Union of India (Uoi), Through the Secretary to the ...

Court : Mumbai

Subject : Criminal

Acts : Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 - Sections 3 and 11(1); Code of Criminal Procedure (CrPC) , 1973 - Sections 167; Evidence Act, 1872 - Sections 115; Constitution of India - Articles 22(5) and 226

Reported in : 1995(1)BomCR141

and 11 (1) of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 167 of Criminal Procedure Code, 1973, Section 115 of Evidence Act, 1872 and Articles 22 (5) and 226 of Constitution of India - … the scam case and was remanded to police custody and then to judicial custody. Under section 167 of Code of Criminal Procedure the maximum period of remand for judicial custody is only 90 days. If no charge

N. Balasubramanian Vs. V. Chitra

Court : Chennai

Subject : Family

Acts : Family Courts Act, 1984 - Sections 19(1) and 19(4); Family Courts (Amendment) Act, 1991; Code of Civil Procedure (CPC) , 1908 - Sections 115; Code of Criminal Procedure (CrPC) , 1973 - Sections 125

Reported in : II(1992)DMC423

that the abovesaid new Sub-Section (4) only provides for a revision against an order under Chapter IX of the Criminal Procedure Code 1973 (which begins with Section 125 thereof) providing for maintenance to wives and others generally. But the abovesaid … situate within its jurisdiction passed an order under Chapter IX of the Code of Criminal Procedure, 1973 for the purpose of satisfying itself as to … or revision shall lie to any Court from any judgment, order or decree of Family Court. So even Section 115 C.P.C. will not apply. Hence a revision will not lie against the order in I.A. No. 732 of

Madhu Limaye Vs. the State of Maharashtra

Court : Supreme Court of India

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 199(2), 199(4), 203, 204(4), 397, 397(1), 397(2), 398, 435 and 482; Indian Penal Code (IPC) - Sections 500; Code of Civil Procedure (CPC) - Sections 115 - Order 14, Rule 2

Reported in : AIR1978SC47; 1978CriLJ165; 1978MhLJ1(SC); (1977)4SCC551; [1978]1SCR749; 1977(9)LC733(SC); AIR 1977 SC 47

199 (2), 199 (4), 203, 204 (4), 397, 397 (1), 397 (2), 398, 435, 476 and 482 of Criminal Procedure Code, 1973, Section 500 of Indian Penal Code, 1860 and Section 115 Order 14 Rule 2 of CPC, 1908 … the Bombay High Court rejecting the application in revision filed by the appellant under Section 397(1) of the CrPC, 1973 hereinafter to be referred to as the 1973 Code or the new Code, on the ground that it

Amar Nath and ors. Vs. State of Haryana and anr.

Court : Supreme Court of India

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 173, 338, 397, 397(1), 397(2), 423, 426, 427, 428, 429, 435, 439 and 482; Code of Civil Procedure (CPC) , - Sections 115

Reported in : AIR1977SC2185; 1977CriLJ1891; (1977)79PLR695; (1977)4SCC137; [1978]1SCR222

law. Criminal - interlocutory orders - Section 115 of CPC, 1908 - Sections 397, 423 and 482 of Criminal Procedure Code, 1973 - whether Order passed by High Court was an interlocutory Order not liable to be revised - … interpretation scope, ambit and connotation word 'interlocutory order' as appearing in Sub-section (2) of Section 397 of the CrPC 1973. For the purpose of brevity, we shall refer to the CrPC, 1898 as 'the 1898 Code', to the

Smt. S.K. Chandrika Vs. Smt. Byamma and Others

Court : Karnataka

Subject : Family

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 125(1) and 2; Indian Penal Code (IPC), 1860 - Sections 8, 10, 11; Genral Clauses Act, 1897 - Sections 3 and 13(1); Family Courts Act, 1984 - Sections 19(4) and (5); Code of Civil Procedure (CPC), 1908 - Sections 115; Hindu Marriage Act, 1955 - Sections 24 and 25; Indian Majority Act, 1875

Reported in : 1999(2)ALT(Cri)488; I(2000)DMC185; 1999(5)KarLJ183

passed an order under Chapter IX of the Code of Criminal Procedure, 1973 for the purpose of satisfying itself as to the correctness, legality or … be taken note of no revision is maintainable from the interlocutory order even if order is passed under the Criminal Procedure Code. Further, the purpose of this power is that Court has to satisfy itself as to the correctness, legality … the maintainability of the application for maintenance under Section 125 of the Code of Criminal Procedure and has held that the petition under Section 125 … proceeding against their mother. As such, the petitioners' mother has come up before this Court by revision under Section 115 of the CPC.3. It has been contended, as a preliminary objection, on behalf of the respondents, that the

State of U.P. Vs. Harendra Arora and anr.

Court : Supreme Court of India

Subject : ServiceConstitution

Acts : U.P. State Public Services Tribunal Act, 1976; Civil Services (Classification, Control and Appeal) Rules, 1930 - Rule 55-A; Public Servants (Inquiries) Act, 1850; Government of India Act, 1919 - Sections 96-B(2); Government of India Act, 1935 - Sections 240; Civil Services Classification Rules, 1920; Constitution of India - Articles 14 and 311(2); Code of Civil Procedure (CPC), 1908 - Sections 99-A and 115 - Order 21, Rule 90; Code of Criminal Procedure (CrPC) , 1973 - Sections 465; Jammu & kashmir (Government Servants) Prevention of Corruption Act, 1962 - Sections 17(5)

Reported in : AIR2001SC2319; [2002(95)FLR451]; JT2001(Suppl1)SC70; 2001LabIC1805; (2002)IIILLJ1124SC; 2001(3)SCALE659; (2001)6SCC392; [2001]3SCR375; 2001(2)SCT1091(SC); 2001(3)SLJ421(SC)

Sections 99-A and 115 and Order 21 Rule 90 of Code of Civil Procedure, 1908,and Section 465 of Criminal Procedure Code, 1973 - Order of High Court challenged - by impugned Order dismissal of respondent no. 1 from service … depends upon the context and the facts and circumstances of each case.16. Even under general law, i.e., the Code of Civil Procedure, there are various provisions, viz., Sections 99-A and 115 besides Order 21 Rule 90 where

Vijay Kumar Vs. State of U.P. and anr.

Court : Supreme Court of India

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973. - Section 311, 313, 161; Code of Civil Procedure (CPC) - Section 115; Prevention of Corruption Act, 1988 - Sections 7, 13(2) read with Section 13(1)(d); Evidence Act - Section 165; Code of Criminal Procedure (CrPC) , 1898 - Section 540

directed to summon and examine Smt. Ruchi Saxena as court witness under Section 311 of the Code of Criminal Procedure, 1973. 3. From the record of the case it is evident that Smt. Ruchi Saxena, resident of village … examine Smt. Ruchi Saxena as court witness under Section 311 of the Code of Criminal Procedure, 1973. 3. From the record of the case it … Palika filed miscellaneous appeal under Order 43 Rule 1 CPC as well as a civil revision application under Section 115 of the Civil Procedure Code against order rejecting application filed under Order VII Rule 11 of the Civil

Ram Murti Singh Vs. Gyanendra Kumar Arya and anr.

Court : Allahabad

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 115 and 141; Code of Criminal Procedure (CrPC) , 1973 - Sections 386

Reported in : AIR1982All185

dismissal of revision - Sections 115 and 141 of Code of Civil Procedure, 1908 and Section 386 of Criminal Procedure Code, 1973 - revisional and appellate proceedings are of same nature - procedure to be followed is the same … of the general appellate jurisdiction of the High Court as a superior Court.4. It is true that the Code of Civil Procedure does not specifically provide that a revision may be dismissed for default but since the

Chalugu Basivi Naidu and ors. Vs. Chalugu Bheemi Naidu and ors.

Court : Andhra Pradesh

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 115 and 151 - Order 21, Rules 35(3) and 97 to 106; Code of Criminal Procedure (CrPC) , 1973 - Sections 145

Reported in : 2002(2)ALT186

of Additional Sessions Judge, at Visakhapatnam. These proceedings arise out of the proceedings initiated under Section 145 of the Criminal Procedure Code, 1973. As far as the binding nature of the decision of a Criminal Court on a Civil Court … aforesaid application under Order 21 Rule 97 r/w. Section 151 of the Code of Civil Procedure, hereinafter in short referred to as 'Code', praying the … and categorical reasons while disallowing the application and hence the impugned order need not be interfered with under Section 115 of the Code. The learned counsel had placed reliance on Abul Majid v. Harbansh Chaube and Ors., :