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Sep 25 1989

K.K.R. Nair Vs. Mohan Das and anr.

Court : Andhra Pradesh

Decided on : Sep-25-1989

Subject : Criminal

Acts : Contempt of Courts Act, 1971 - Sections 12, 12(1) and 23; Bombay Rents, Hotel and Lodging House Rates Control Act; West Bengal Premises Rent Control (Temporary Provisions) Act, 1950; Limitation Act, 1908 - Schedule - Article 182(2); Limitation Act, 1963; Contempt of Court Rules, 1980; Constitution of India - Articles 136, 215 and 227; Code of Civil Procedure (CPC), 1908 - Sections 2(2), 115 and 129 - Order 41, Rule 5(1); Code of Criminal Procedure (CrPC) , 1973

Reported in : 1990CriLJ1641

Constitution of India, Sections 2(2), 115, 129, Order 41 Rule 5(1) of Code of Civil Procedure, 1908 and Criminal Procedure Code, 1973 - writ petition against order of termination from service - petition allowed and order of termination quashed … the Act read with Arts 215 and 227 of the Constitution of India and S. 129 of the Code of Civil Procedure, framed the contempt of Court Rules, 1980 for short, 'the Rules', published in the Gazette … the Supreme Court, the Judge or Judges has/have power and jurisdiction under Section 12 of the Act. The reason is obvious. In an appropriate case,

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Feb 26 1996

Kamatchi and Another Vs. Veluchamy

Court : Chennai

Decided on : Feb-26-1996

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 125, 125(1), 125(2), 126, 127, 128 and 129

Reported in : 1997CriLJ418; II(1996)DMC286

has been a conflict of decisions of different High Courts in this regard. A perusal of Section 125, Criminal Procedure Code shows that the Court may upon proof of neglect or refusal to maintain, order the defaulting person to … a conflict of decisions of different High Courts in this regard. A perusal of Section 125, Criminal Procedure Code shows that the Court may upon proof of neglect or refusal to maintain, order the defaulting person to … having been grouped together in Chapter IX of the new Code of 1973 under the caption 'order for maintenance of wives, children and parents.' This … now consequential on the amendments made in Section 125, Sections 125 to 129 constitute one family having been grouped together in Chapter IX of the

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Nov 16 2007

Association for Protection of Democratic Rights Vs. State of West Beng ...

Court : Kolkata

Decided on : Nov-16-2007

Subject : Constitution

Acts : Delhi Special Police Establishment Act, 1946 - Sections 3, 5, 6; ;Code of Criminal Procedure (CrPC) , 1973 - Sections 129 to 132, 144, 145, 154, 156(3) and 173; ;Arms Act - Sections 25, 27 and 35; ;Police Act, 1861 - Section 12; ;Delhi Police Act, 1946 - Sections 2(3), 5 and 6; ;Indian Penal Code (IPC) - Sections 34, 120B, 141, 147, 148, 149, 186, 302, 307, 320, 321, 332, 333, 341, 349, 353, 482 and 506; ;IE Act - Section 9; ;PDPP Act - Section 3(2); ;Government of India Act, 1943 - Section 204(2); ;Madras Maintenance of Public Order Act, 1949 - Section 9(1A); ;Constitution of India - Articles 13, 13(1), 13(2), 13(3), 14, 16, 19, 19(1), 19(2), 21, 32, 136, 137, 142, 142(1), 162, 226, 227, 300A, 372 and 395; ;Crown Proceedings Act, 1947; ;Law Reform (Contributory Negligence) Act, 1945; ;Mot

Reported in : 2007(4)CHN842

is illegal. It is, however, stated that at stage no orders had been issued under Section 144 of the Criminal Procedure Code Act. The police personnel are stated to have used SLR and AK-47. The CPI(M) cadres who were working … no orders had been issued under Section 144 of the Criminal Procedure Code Act. The police personnel are stated to have used SLR and AK-47. … permissible under the provisions of the Constitution of India, Criminal Procedure Act, 1973; The Police Act, 1861 and the West Bengal Police Rules, 1943. In … by Parliament. This chapter deals with maintenance of public order and tranquillity. Section (a) deals with unlawful assemblies. Section 129 of Cr. PC enables empowers any Executive Magistrate or O.I.C. of a Police Station or, in the absence

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Jan 29 2003

Mykala Subbamma Vs. N. Srinivasa Rao and ors.

Court : Andhra Pradesh

Decided on : Jan-29-2003

Subject : Criminal

Acts : Indian Penal Code (IPC) - Sections 302, 304 and 343; Code of Criminal Procedure (CrPC) , 1973 - Sections 41, 42, 60, 129, 151, 154, 154(3), 164, 173(2), 174 and 432; Andhra Pradesh Civil Services (Classification, Conduct & Appeal) Rules, 1991; The Protection of Human Rights Act, 1993; Constitution of India - Articles 5, 7 and 21

Reported in : 2003(2)ALD49; 2003(3)ALT223

Code, 1860, Sections 41, 42, 60, 129, 151, 154, 154 (3), 164, 173 (2), 174 ands 432 of Criminal Procedure Code, 1973, Andhra Pradesh Civil Services (Classification, Conduct and Appeal) Rules, 1991, The Protection of Human Rights Act, 1993 … Superintendent of Police, Mahbubnagar, to register a criminal case under Section 343 and 302 of the Indian Penal Code (IPC), to investigate the said offence by the Crime Branch, Criminal Investigation Department (CBCID) and initiate disciplinary action

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Sep 22 2004

Kachrulal Bhagirath Agrawal and ors. Vs. State of Maharashtra and ors.

Court : Supreme Court of India

Decided on : Sep-22-2004

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 129 to 132, 133 to 144 and 145 to 149; Indian Penal Code (IPC), 1860 - Sections 268; Code of Civil Procedure (CPC) , 1908 - Sections 91

Reported in : 2004(2)ALD(Cri)989; 2004CriLJ4634; 2004(4)MhLj963; 2004(8)SCALE107; (2005)9SCC36; 2005(1)LC85(SC)

in its proper perspective in accordance with law.17. With the aforesaid observations, the appeal is dismissed. Criminal - Criminal Procedure Code (CrPC), 1973 - Section 129 to 132, 133 to 144 , 145 to 149 - Public Nuisance - Conditional Order

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Aug 22 1989

C.D. Palu Vs. Assistant Collector of C. Ex.

Court : Kerala

Decided on : Aug-22-1989

Subject : Excise

Acts : Gold Control Act, 1968 - Sections 71, 74, 77, 81B, 85 and 85(1); Gold Control Rules; Code of Criminal Procedure (CrPC) , 1973; Sea Customs Act; Customs Act, 1962 - Sections 129, 129(1), 129(2) and 129C; Finance Act, 1984; Constitution of India - Article 20(2)

Reported in : 1989(44)ELT453(Ker)

be equated with or considered the same as prosecution. The word 'offence' is defined in the Code of Criminal Procedure, 1973 as any Act or omission 'made punishable by any law for the time being in force'. Thus … considered the same as prosecution. The word 'offence' is defined in the Code of Criminal Procedure, 1973 as any Act or omission 'made punishable by … Learned Counsel tried to draw a distinction between the provisions as they remained then and the provisions in Section 129 of the Customs Act as they now remain after the amendment by Finance Act 21 of 1984. After

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Oct 04 2000

State of Maharashtra Vs. Raju Dadaba Borge

Court : Mumbai

Decided on : Oct-04-2000

Subject : Criminal

Acts : Evidence Act, 1872 - Sections 134; Code of Criminal Procedure (CrPC) , 1973 - Sections 37, 43, 122, 129, 161, 313, 354(3), 368 and 427; Indian Penal Code (IPC), 1860 - Sections 201, 302 and 307

Reported in : 2001BomCR(Cri)98; (2001)1BOMLR852; 2001CriLJ3638

134 of the Indian Evidence Act, the testimony of a solitary witness is sufficient to convict an accused.;[B] Criminal Procedure Code, 1973 - Section 368 - Confirmation of death sentence - Power of High Court - Accused suffering from … in the lawful discharge of his duty under section 43 of the Code of Criminal Procedure. 1973 or who had rendered assistance to a Magistrate … to a Magistrate or a Police Officer demanding his aid or requiring his assistance under section 37 and section 129 of the said Code-'Ms. Kamath urged that the act of the appellant would fall in categories (a) and

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Oct 07 2005

Yelchuri Manohar Vs. State of A.P.

Court : Andhra Pradesh

Decided on : Oct-07-2005

Subject : Criminal

Acts : Andhra Pradesh Prohibition of Ragging Act, 1997 - Sections 4; Arms Act - Sections 27(1) and 27(3); Evidence Act, 1872 - Sections 54; Indian Penal Code (IPC), 1860 - Sections 34, 120B, 201, 212, 302 and 324; Code of Criminal Procedure (CrPC) , 1973 - Sections 37, 43, 107, 129, 161, 235, 234, 235(2), 272, 293, 293(4), 313, 353, 354 and 366(1); Constitution of India - Articles 19 and 21

Reported in : 2005(2)ALD(Cri)751; 2005CriLJ4593

P.C. is a new provision incorporated in the Code of Criminal Procedure, 1973 taking into account emerging trends in penology and sentencing procedures. Such a … to be hanged to death.2. The learned Sessions Judge made a reference for confirmation under Section 366(1) of the Criminal Procedure Code as sentence of death was inflicted on A. 1 and hence R.T. No. 2 of 2005. The case … was convicted for the offence under Section 302 of the Indian Penal Code and ordered to be hanged to death.2. The learned Sessions Judge made … a Magistrate or a police officer demand in his aid or requiring his assistance under Section 37 and Section 129 of the said Code.''Mitigating circumstances :-- In the exercise of its discretion in the above cases, the Court

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Aug 06 2003

Ram Pal Vs. State of U.P.

Court : Supreme Court of India

Decided on : Aug-06-2003

Subject : Criminal

Acts : Indian Penal Code (IPC) - Sections 149, 302, 307, 436 and 440; Code of Criminal Procedure (CrPC) , 1973 - Sections 37, 43 and 129

Reported in : AIR2003SC4168; 2003(2)ALT(Cri)207; 2003CriLJ3760; 2003(3)JKJ68[SC]; 2003(6)SCALE109; (2003)7SCC141; 2004(1)LC101(SC)

person who had acted in the lawful discharge of his duty under Section 43 of the Code of Criminal Procedure, 1973, or who had rendered assistance to a magistrate or a police officer demanding his aid or requiring … in the lawful discharge of his duty under Section 43 of the Code of Criminal Procedure, 1973, or who had rendered assistance to a magistrate … to a magistrate or a police officer demanding his aid or requiring his assistance under Section 37 and Section 129 of the said Code.'7. Similarly it also considered the following circumstances as mitigating circumstances:-(1) That the offence was

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Sep 04 2000

Mr. Uday Mohanlal Acharya Vs. State of Maharashtra, Through G.B.C.B.C. ...

Court : Mumbai

Decided on : Sep-04-2000

Subject : Criminal

Acts : Maharashtra Protection of Interest of Depositors (Financial Establishment) Act, 1999 - Sections 3, 4, 7, 8, 9. 10, 12, 13, 14, 16, 57 and 167(2); Code of Criminal Procedure (CrPC) , 1973 - Sections 5, 62, 127, 128, 129, 130, 173, 309, 436, 437, 439 and 450; Bombay Police Act, 1951 - Sections 96(1); Constitution of India - Article 254(1); Indian Penal Code (IPC), 1860 - Sections 6, 406 and 420; Narcotic Drugs and Psychotropic Substance Act, 1985; Terrorist and Disruptive Activities Prevention Act, 1987 - Sections 20(4);

Reported in : 2001CriLJ4563

person, shall follow the procedure prescribed in the Code of Criminal Procedure, 1973 (2 of 1974), for the trial of warrant cases by Magistrates.(2) The … the accused in custody for commission of an offence under Section 3. Section 13(2) expressly incorporates provisions of Criminal Procedure Code to the proceedings before Designated Court as far as may be applicable. The proviso to sub-section (2) of … Section 96 reads thus : -'96. (1) Notwithstanding anything contained in sections 129, 130, sub-section (2) of section 167, and section 173 of the Code … C. R. No. 36 of 1999 for the offences under sections 406 and 420 of the Indian Penal Code read with section 3 of the Act of 1999. The Petitioner is said to have surrendered on 17th

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