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Feb 07 2000

State of Haryana and Others Vs. Mohinder Singh

Court : Supreme Court of India

Decided on : Feb-07-2000

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 107, 109 and 432; Indian Penal Code (IPC), 1860 - Sections 121 to 130, 147, 148, 152, 224, 302, 304-A, 306, 307, 308, 323, 324, 325, 326, 332, 333, 352, 353, 376, 377 and 389; Foreigners Act, 1948; Punjab Habitual Offenders (Control and Reform) Act, 1952 - Sections 2(3); Constitution of India - Article 161; Passport Act, 1967; Criminal Law Amendment Act, 1961 - Sections 2 and 3; Official Secrets Act, 1930 - Sections 3, 4, 5, and 6 to 10; Good Conduct Prisioners Probational Release Act, 1926; Haryana Good Conduct Prisonsers (Temporary Release) Act, 1988 - Sections 3 and 4; Punjab Good Conduct Prisoners (Tenporary Release) Act, 1962

Reported in : AIR2000SC890; 2000(1)ALD(Cri)535; (2001)1CALLT51(SC); 2000CriLJ1408; JT2000(1)SC629; RLW2000(2)SC241; 2000(1)SCALE465; (2000)3SCC394; [2000]1SCR698; 2000(1)LC463(SC)

persons imprisoned for failing to give security for keeping peace for their good behavior under Sections 107/109 of the Criminal Procedure Code, 1973; vii) The persons who committed any major jail offence during the last two years and were punished … Section 2 and 3 of Criminal Law Amendment Act, 1961 and Sections 121 to 130 of the Indian Penal Code, 1860; v) The persons sentenced … from July 6, 1987 and is as under:In exercise of the powers conferred under Section 432 of the CrPC, 1973, the Governor of Haryana hereby grants special remission to the prisoners who happen to be confined in Jails

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Oct 29 2003

Sstate Vs. Mohd. Afzal and ors.

Court : Delhi

Decided on : Oct-29-2003

Subject : Criminal

Acts : Prevention of Terrorists Activities Act, 2002 - Sections 2, 3(1), 4, 6, 20 and 32 and 50; Terrorist and Disruptive Activities (Prevention) Act, 1987 - Sections 3(1), 15 and 21; Code of Criminal Procedure (CrPC) , 1973 - Sections 162, 196, 218, 366, 367 and 368; Evidence Act, 1872 - Sections 9, 24, 25, 26, 27, 30, 65B(2), 138 and 146; Explosive Substances Act, 1908 - Sections 3, 4, 5 and 7; Indian Penal Code (IPC), 1860 - Sections 120, 120B, 121, 302 and 307

Reported in : 2003VIIAD(Delhi)1; 107(2003)DLT385; 2003(71)DRJ178; 2003(3)JCC1669

POTA and TADA--Prevention of Terrorists Activities Act, 2002, Section 3(1)--Terrorist & Disruptive Activities (Prevention) Act, 1987, Section 3(1). ;Criminal Procedure Code, 1973 - Section 218--Framing of charge--Section 218 embodies the fundamental principle of criminal law that the accused person … to the stage of investigation and there are no provisions in the Code of Criminal Procedure which make it mandatory for the Investigating Agency to … abetting the waging of war. We hold that accused Afzal and Shaukat guilty of committing the offence under Section 121 IPC.427. Section 121-A makes the conspiracy to commit an offence punishable by Section 121, a substantive offence. We

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May 02 1980

Rajender Kumar JaIn and ors. Vs. State Through Special Police Establis ...

Court : Supreme Court of India

Decided on : May-02-1980

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 196(1), 209, 306(4), 321, 361, 397 and 494; Constitution of India - Article 136; Indian Penal Code (IPC) - Sections 120B and 121A; Code of Criminal Procedure (CrPC) , 1898 - Sections 494

Reported in : AIR1980SC1510; 1980CriLJ1084; (1980)3SCC435; [1980]3SCR982

that stage, on March 26, 1977, N.S. Mathur, Special Public Prosecutor filed ah application Under Section 321 of the Criminal Procedure Code 1973, for permission to withdraw from the prosecution-The application was as follows :It is submitted on behalf of … consideration Criminal Appeal No. 287 of 1979.3. In exercise of the powers conferred by Section 196(1)(a) of the CrPC 1973, and Section 7 of the Explosive Substances Acticle, 1908, the Government of India by its order dated September … Fernandes alias George Fernandes and 24 others for alleged offences Under Sections 121-A Indian Penal Code, 120-B Indian Penal Code read with Sections 4, 5

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Aug 18 2001

Registrar (Vigilance), High Court of A.P., Hyderabad and Another Vs. S ...

Court : Andhra Pradesh

Decided on : Aug-18-2001

Subject : ConstitutionCriminal

Acts : Evidence Act, 1872 - Sections 121; Constitution of India - Articles 20(3), 50 and 233 to 237; Code of Criminal Procedure (CrPC) , 1973 - Sections 161; Legal Services Authorities Act, 1987; Indian Penal Code (IPC), 1860 - Sections 436; Fundamental Rules - Rule 56

Reported in : 2001(5)ALD460; 2001(2)ALD(Cri)617; 2001(5)ALT255

erroneous - held, such enquiry conducted non est in law. (iii) Examination of Judge - Section 161 of Criminal Procedure Code, 1973 - whether Judge who conducted illegal enquiry and submitted report be examined in trial after enquiry been … offence is made by a statutory authority under the provisions of the Code of Criminal Procedure. The power of the Investigating Officer under Section 161 … have been directed to submit himself to any investigation. The learned Counsel would contend that the provisions of Section 121 of the Evidence Act must be interpreted in the light of Article 235 of the Constitution of India.

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Feb 11 2009

Eliamma and anr. Vs. State of Karnataka

Court : Supreme Court of India

Decided on : Feb-11-2009

Subject : Criminal

Acts : Probation of Offenders Act, 1958; Children Act, 1960; Indian Penal Code (IPC), 1860 - Sections 34, 201, 302, 304, 379 and 411; Code of Criminal Procedure (CrPC) , 1973 - Sections 121, 124, 360, 361 and 373

Reported in : 2009(3)KarLJ443; 2009(2)SCALE484; (2009)11SCC42; 2009AIRSCW1542; 2009(3)AIRKarR45; 2009(2)KCCRSN31

effect of provisions of Section 360 of the Code of Criminal Procedure, 1973 (in short the `Cr.P.C.').5. Learned Counsel for the respondent-State on the other … listed before this Court, a limited notice was issued as to why the provisions of Section 360 of the Criminal Procedure Code should not be made applicable. Pursuant to the said notice, Mr. Singh, the learned Standing Counsel for the … for alleged commission of offences punishable under Sections 302, 201 read with Section 34 of the Indian Penal Code, 1860(in short the `IPC'). Learned Third Additional Sessions judge D.K. at Mangalore in Sessions Case No. 94 of … the Court by which the offender was convicted.(6) The provisions of Sections 121, 124 and 373 shall, so far as may be, apply in the

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Mar 07 2006

T. Kumar Babu Vs. Gireesh Sanghi and ors.

Court : Andhra Pradesh

Decided on : Mar-07-2006

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 121 to 126, 143, 144, 145, 147, 148, 161 to 165A, 272 to 278, 302, 303, 304, 406, 409, 420, 382, 392 to 399, 402, 409, 431 to 439, 449 and 450, 456 to 460 and 489A to 489E; Code of Criminal Procedure (CrPC) , 1973 - Sections 39, 156(3) and 357

Reported in : 2006(1)ALD(Cri)967; 2006CriLJ2839

fund and such other order or orders in the interest of justice.6. Section 39 of the Code of Criminal Procedure, 1973 (for brevity 'Cr. P.C.') deals with certain offences in which the public can give information and it … following Sections of the Indian Penal Code (45 of 1860), namely:(i) Sections 121 - 126, both inclusive, and Section 130 (that is to say, offences … Additional Chief Metropolitan Magistrate, Secunderabad, complaining the offences punishable under Sections 409 and 420 of the Indian Penal Code, 1860 (for short 'IPC') against the respondents 1 to 3 herein. However, the Court below, by its order

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Feb 07 1989

Triveniben Vs. State of Gujarat

Court : Supreme Court of India

Decided on : Feb-07-1989

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 73, 120-B, 121, 132, 302, 303, 306, 307 and 396; Code of Criminal Procedure (CrPC) 1973 - Sections 30(2), 235(2), 302, 307, 354, 354(3), 366, 366(2) and 367(5); Constitution of India - Articles 2, 14, 19, 20, 20(2), 21, 32, 72, 141, 142, 144, 145, 145(3), 161 and 226; Supreme Court Rules, 1966 - Rule 2

Reported in : AIR1989SC1335; 1990CriLJ1810; (1989)1GLR622; JT1989(1)SC314; 1989(1)SCALE301; (1989)1SCC678; [1989]1SCR509

35th Report and subsequent Reports of the Law Commission suggesting retention of death penalty, and recommending revision of the Criminal Procedure Code and the insertion of the new sections 235(2) and 354(3) in that Code providing for pre-sentence hearing and … position was that it was the discretion of the Court to award either of the sentences.9. In the CrPC, 1973 Section 354 Clause (3) has now been introduced and it has been provided that in all cases of murder, … sentence of death is provided are under Sections 120-B (in some cases), 121, 132, 302, 307 (in some cases) and 396,8. The Law as it

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Jul 01 1996

Shakamuri Apparao and ors. Vs. Government of Andhra Pradesh and ors.

Court : Andhra Pradesh

Decided on : Jul-01-1996

Subject : Criminal

Acts : Constitution of India - Articles 14, 19, 21 and 226; Indian Penal Code (IPC), 1860 - Sections 120B, 121, 122 and 123; Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 156(3), 161, 173, 190, 190(1), 193, 200 and 202; ;Arms Act - Sections 25 and 27; Terrorist and Disruptive Activities (Prevention) Act, 1987 - Sections 2, 3, 3(1), 4, 5, 6, 14, 18, 20A and 20A(2)

Reported in : 1996(3)ALD493; 1996(2)ALD(Cri)273; 1996(2)ALT432; 1996CriLJ3936

of the TADA Act and they are liable to be prosecuted only in accordance with the provisions of the Criminal Procedure Code, 1973 for the offences under the penal statutes other than the TADA Act. The Additional Metropolitan Sessions Judge, … from the provisions of the TADA Act and Sections 120-B, 121, 122 and 123 of the Indian Penal Code. 2. The Inspector of Police, Sanjeeva Reddy Nagar Police Station on 11-2-1993 arrested the two petitioners herein and … India and consequential discharge from the provisions of the TADA Act and Sections 120-B, 121, 122 and 123 of the Indian Penal Code. 2. The

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Dec 21 1990

Chief of Army Staff and Others Vs. Major E.P. Chadha

Court : Supreme Court of India

Decided on : Dec-21-1990

Subject : Criminal

Acts : Army Act, 1950 - Sections 3, 80, 83, 84, 85, 117, 121, 125 and 127; Code of Criminal Procedure (CrPC) , 1973 - Sections 190(1) and 475

Reported in : AIR1991SC460; 1991CriLJ494; JT1991(1)SC54; 1991LabIC1368; 1990(2)SCALE1312; (1991)2SCC288; [1990]Supp3SCR691; 1991(2)SLJ106(SC); 1991(1)LC341(SC)

a criminal court for the same offence, or on the same facts.12. Put briefly, Section 475 of the CrPC, 1973, which deals with delivery to the Commanding Officer of persons liable to be tried by court-martial confers power … 1987, before a Chief Judicial Magistrate, Amritsar Under Section 190(1)(a) of the CrPC, 1908, against the respondent and others suspected to be involved in the … 1987, before a Chief Judicial Magistrate, Amritsar Under Section 190(1)(a) of the CrPC, 1908, against the respondent and others suspected to be involved in the … should be instituted before a court-martial, to direct that the accused person shall be detained in military custody.10. Section 121 of the Act, which deals with the prohibition of second trial runs thus:121. Prohibition of second trial When

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Nov 11 2008

Gulam Mohd. @ Gulal Shaikh Vs. State of Gujarat

Court : Supreme Court of India

Decided on : Nov-11-2008

Subject : Criminal

Acts : Prevention of Terrorism Act, 2002 - Sections 3(1A), 3(1B), 3(3), 4, 20, 21(2B), 22(3A), 22(3B), 32, 32(5) and 49; Code of Criminal Procedure (CrPC) , 1973 - Sections 439; Arms Act, 1950 - Sections 25(1B), 25(1C), 27 and 29; Terrorist and Disruptive Activities (Prevention) Act, 1987 - Sections 15; Evidence Act - Sections 25, 26 and 30; Indian Penal Code (IPC), 1860 - Sections 120B, 121, 121A, 122 and 123

Reported in : JT2009(1)SC166:2008AIRSCW7620.

background facts in a nutshell are as follows;An application in terms of Section 439 of the Code of Criminal Procedure, 1973 (in short `Cr.P.C.') and Section 49 of the Prevention of Terrorism Act, 2002 (in short `POTA') was … 2003).3. The background facts in a nutshell are as follows;An application in terms of Section 439 of the Code of Criminal Procedure, 1973 (in short `Cr.P.C.') and Section 49 of the Prevention of Terrorism Act, 2002 (in … is facing trial for alleged commission of offences punishable under Sections 120B, 121, 121A, 122, 123 of the Indian Penal Code, 1860 (in short `IPC')

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