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Dr. Narendra Nath Vs. State and anr.

Court : Delhi

Subject : Criminal

Acts : Prevention of Public Property Act, 1984 - Sections 3; Code of Criminal Procedure (CrPC) , 1973 - Sections 156(3), 169, 170, 173, 173(1), 190(1), 200, 202, 203, 204 and 482; Indian Penal Code (IPC) - Sections 34, 109, 114, 119, 120B, 147, 148, 149, 186, 323, 332, 352, 353, 355 and 427

Reported in : 2008(104)DRJ655

J.1. This petition under Section 482 of the Code of Criminal Procedure, 1973 ('CrPC') seeks to challenge an order dated 7th March, 2006 passed by … and proceed to record the statements upon oath of the complainant and the witnesses present under Section 200 Criminal Procedure Code and thereafter decide whether to dismiss the complaint or issue process. The mere fact that he had earlier … registration of the case and investigation by the police under Section 156(3) CrPC. The said direction was challenged by the State and that challenge was … record the statement of complainant and two other witnesses & after that passed summoning order to petitioner Under Section 119, 109, r/w 114, 323, 352, 355, 120B IPC--Court was of view, Ld. M.M proceeded in accordance with law

Mrs. Sarojini Ramaswami Vs. Union of India and Others

Court : Supreme Court of India

Subject : ConstitutionCriminal

Acts : Constitution of India - Articles 21, 32, 61, 67, 70, 94, 118, 119, 121, 122(1), 124(4), 124(5), 136, 141, 218, 226, 317 and 365(1); Judges (Inquiry) Act, 1968) - Sections 3, 4 and 6(1); Judges (Inquiry) Rules, 1969 - Rules 6, 9, 10(2) and 16; Parliamentary (Judges) Commission of Inquiry Act, 1988; Punjab Welfare Officer Recruitment and Conditions of Service Rules, 1952; Uttar Pradesh Industrial Disputes Act, 1947 - Sections 5 and 25N; House of Comons (Redistribution of Seats) Act, 1979; Enquiry Rules, 1969; Code of Criminal Procedure (CrPC) , 1973 - Sections 197; Code of Civil Procedure (CPC) , 1908 - Sections 9

Reported in : AIR1992SC2219; JT1992(5)SC1; 1992(2)SCALE257; (1992)4SCC506; [1992]Supp1SCR108

is like granting of sanction for prosecution of a public servant as contemplated under Section 197 of the CrPC, 1973. Unless the validity of the sanction is questioned at the earliest stage the accused is precluded to … prosecution of a public servant as contemplated under Section 197 of the CrPC, 1973. Unless the validity of the sanction is questioned at the earliest … is like granting of sanction for prosecution of a public servant as contemplated under Section 197 of the CrPC, 1973. Unless the validity of the sanction is questioned at the earliest stage the accused is precluded to assail … might place it before Parliament when in session. Recourse to such a procedure would not only be in violation of my Constitutional right to receive … this field.Article 124(5) has no comparison with Article 119. Articles 118 and 119 operate in the same

Mukesh and Others Vs. State of Maharashtra, through its Secretary, Hom ...

Court : Mumbai Nagpur

Subject : Land Acquisition

is specifically empowered in that respect. The power given to police to investigate and to take cognizance by the Criminal Procedure Code as maintained by State Legislature in Police Act and Prohibition Act, can not be withdrawn or set at … 77[a] of the Prohibition Act, Sections 26 and 41 of Indian Penal Code and Sections 4 and 25 of the Arms Act, has been registered … can investigate the offences for violation of the Foreign Exchange (Regulation) Act, 1973 (“FERA” for short), more so, when the offence is alleged to have … 14. As petitioners were illegally arrested, they are claiming compensation of Rs.1Crore. He further states that as per Section 119 of the Prohibition Act, offence is non-bailable, but, then arrest of petitioners ought to have been shown at

Lt. Governor, Nct and ors. Vs. Ved Prakash @ Vedu

Court : Supreme Court of India

Subject : Criminal

Acts : Delhi Police Act, 1978 - Sections 45, 47, 48, 50 and 59; Delhi Public Gambling Act, 1955 - Sections 3, 4 and 12; Suppression of Immoral Traffic in Women and Girls Act, 1956; Arms Act, 1959 - Sections 25, 26, 27, 28 and 29; Customs Act, 1962 - Sections 135; Punjab Excise Act, 1955 - Sections 61, 63 and 66; Opium Act, 1878; Dangerous Drugs Act, 1930; Drugs and Cosmetics Act, 1940; Bombay Prevention of Begging Act, 1959 - Sections 11, 107 and 108; Bombay Police Act - Sections 56; Indian Penal Code (IPC) - Sections 34, 290, 308, 323, 427, 458, 498A to 498E, 506; Code of Criminal Procedure (CrPC) , 1973 - Sections 70 to 89, 119 to 124, 445, 446, 447 and 448; Constitution of India - Article 21

Reported in : JT2006(5)SC425; 2006(5)SCALE250; (2006)5SCC228; 2006(1)LC739(SC)

for attendance during the inquiry.(b) The provisions of Sections 119 to 124 (both inclusive) of the Code of Criminal Procedure, 1973, shall, so far as may be, apply in relation to the order under Clause (a) to furnish … the cases detailed at Sr. Nos. 1 and 10 under Sections 308/34 and 458/323/427/506 of the Indian Penal Code respectively which are said to be still pending.4. In the show cause notice issued to the Respondent, it … An externment proceeding was initiated against the Respondent herein in terms of Section 47 of the Delhi Police Act, 1978. The said proceeding was initiated

Peter Samual Wallace Vs. Inspector General of Police, New Delhi and Ot ...

Court : Delhi

Subject : Criminal

Acts : Constitution of India - Articles 19(1), 19(2) and 21; Indian Penal Code (IPC), 1860 - Sections 420; Code of Criminal Procedure (CrPC) , 1973 - Sections 87, 109, 119 and 401

Reported in : 1981CriLJ1195; 20(1981)DLT333

been convicted or not; (c) persons under security under Section 109 or 119, Code of Criminal Procedure; (d) convicts released before the expiration of their … 87, Code of Criminal Procedure. (b) All released convicts in regard to whom an order under Section 565, Criminal Procedure Code, has been made. (c) All convicts the execution of whose sentence is suspended in the whole, or any … classes of persons have to be entered : '(a) All persons who have been proclaimed under Section 87, Code of Criminal Procedure. (b) All released convicts in regard to whom an order under Section 565, Criminal Procedure … Sandhu v. S.H.O. Police Station, Lodhi, Colony, Criminal Writ No. 18 of 1973), the petitioner was found not to have been convicted in any of

Dr. Y. Bhaskar Rao Vs. State of Karnataka, Through Special Investigati ...

Court : Karnataka

Subject : Land Acquisition

under Articles 226 and 227 of the Constitution of India, read with Section 482 of the Code of Criminal Procedure, 1973 praying to quash the prosecution sanction order dated 20.7.2016 vide Annexure-K issued by his Excellency Governor of … Section 8 Section 9 Section 10 Section 17 Section 19 Indian Penal Code, 1860 Section 34 Section 109 Section 119 Section 120(B) Section 201 Section 202 Section 217 Section 385 Section 419 Jurisdiction Whether Final Report of SIT … referred to the earlier order passed on the application under Section 319 CrPC , to justify its action. It is contended that from the sequence

Smt. Selvi and ors. Vs. State of Karnataka

Court : Supreme Court of India

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 39, 53, 53A, 54, 156(1), 160-167, 313(3), 315(1) and 319; ;Evidence Act, 1872 - Sections 19, 24, 25, 26, 27, 47, 119, 132 and 253; ;Employee Polygraph Protection Act, 1998; ;Constitution of India (Fourty-Fourth Amendment) Act, 1978; ;Constitution of India - Articles 20(3), 20, 21, 22(1) and 359(1); ;Companies Act, 1923; ;Sea Customs Act; ;Railway Property (Unlawful Possession) Act, 1996; ;Motor Vehicles Act - Sections 185, 202, 203 and 204; ;Indian Medical Council Act, 1956; ;Identification of Prisoners Act, 1920; ;Police and Criminal Evidence Act, 1984; ;Code of Civil Procedure (CPC) - Sections 75 and 151; ;Code of Criminal Procedure (CrPC) , 1898 - Section 342(2); ;Bombay Prohibition Act, 1949; ;Indian Penal Code (IPC) - Section

means. In some of the impugned judgments, reliance has been placed on certain provisions of the Code of Criminal Procedure, 1973 and the Indian Evidence Act, 1872 to refer back to the responsibilities placed on citizens to fully … with ongoing investigations. For instance reliance has been placed on Section 39, CrPC which places a duty on citizens to inform the nearest magistrate or … but also by producing documents or making intelligible gestures as in the case of a dumb witness [see Section 119 of the Evidence Act or the like]. `To be a witness' is nothing more than `to furnish evidence',

P. Soundarya Vs. Income-tax Officer

Court : Chennai

Subject : Direct Taxation

Acts : Income-tax Act, 1961 - Sections 119(2), 132, 132(4), 136, 215, 217, 230A, 230A(1), 276C, 276C(1), 277 and 279(2); Indian Penal Code (IPC), 1860 - Sections 120B, 139, 193, 195, 196, 228, 420 and 511; Code of Criminal Procedure (CrPC) , 1973; Foreign Exchange Regulation Act, 1973 - Sections 39

Reported in : [2001]249ITR77(Mad)

for the purposes of Section 195, but not for the purposes of Chapter XXVI of the Code of Criminal Procedure, 1973'. Therefore, it is evident that any proceeding before the income-tax authority is deemed to be a judicial … the complaint against the revision petitioner, stating that she has committed offences punishable under Section 193, Indian Penal Code, read with Section 136 of the Income-tax Act, 1961, Section 420, Indian Penal Code, read with Section 511, … respondent-Department submitted that the assessee, Kumari Jayapratha, submitted a petition under Section 119(2)(b) of the Act to the Government of India, Central Board of Direct

Smt. Champabai Vs. M. Girijapathy and Others

Court : Karnataka

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 197(4), 210, 378, 397 and 401; Indian Penal Code (IPC), 1860 - Sections 107, 119, 166, 170, 120-B, 201, 202, 217, 302, 342, 344, 365, 368, 465, 506 and 511; Bombay Police Act - Sections 64 and 161(1)

Reported in : 1999(1)ALD(Cri)860; 1999CriLJ3101; ILR1999KAR3839; 2000(1)KarLJ530

dismissed. Criminal - custody death - Section 197 of Criminal Procedure Code, 1973 - complaint against respondent that they all in connivance with each other … come under the colour of office. Therefore, there was no need to obtain sanction under Section 197 of the Criminal Procedure Code to prosecute them, Further; the Court should not have discharged them for want of sanction as this question … Government of NCT of Delhi, wherein the synopsis reads as follows.-'Criminal Procedure Code (2 of 1974), Sections 378 and 401 --Appeal/revision against acquittal -- Locus … In view of that, it is now necessary to refer to Sections 119 and 217 of the IPC. Section 119 opens with words: 'Public servant concealing design to commit offence which is his duty to prevent' and Section

Kal Airways Private Limited Vs. Spicejet Limited and Another

Court : Delhi

Subject : Land Acquisition

been filed on 02.03.2015 by the Assistant Commissioner of Income Tax under Section 200 of the Code of Criminal Procedure, 1973 (hereinafter "Cr.PC") for alleged contravention under Sections 276B read with Sections 278B, 279 (1) and 278E of … by the Assistant Commissioner of Income Tax under Section 200 of the Code of Criminal Procedure, 1973 (hereinafter "Cr.PC") for alleged contravention under Sections 276B … of interest leviable under Section 201(1A) of the Income Tax Act, 1961 pursuant to the powers conferred under Section 119 of the Income Tax Act, 1961. This was done by the Respondent No.1 only after filing of two