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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 … and 3 of Criminal Law Amendment Act, 1961 and Sections 121 to 130 of the Indian Penal Code, 1860; v) The persons sentenced under Sections … 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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Nov 30 1984

Sadananda Shetty Vs. State of Karnataka

Court : Karnataka

Decided on : Nov-30-1984

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 130, 130(1), 130(2) and 130(3); Karnataka Motor Vehicles Act, 1930 - Sections 3(1), 12, 83(2) and 106(3); Karnataka Motor Vehicles Rules, 1963 - Rules 54 and 181(2)

Reported in : ILR1986KAR861

are liable to be set aside. Accordingly, they are set aside. The fine amount recovered shall be refunded. CRIMINAL PROCEDURE CODE. 1973 (Central Act No. 2 of 1974) - Section 130 -- Object -- Petty offences -- Summons to … he having dealt with the case under summary trial procedure as laid down under Chapter XXI of the Code of Criminal Procedure (the 'Cede') should have adopted the procedure applicable for the trial of summons cases as

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Nov 27 1997

Naga People's Movement of Human Rights Vs. Union of India (UOi)

Court : Supreme Court of India

Decided on : Nov-27-1997

Subject : Criminal

Acts : Constitution of India - Articles 14, 22, 22(1), 22(2), 245, 246, 248, 254, 257A, 352, 355 and 356; Code of Criminal Procedure (CrPC) , 1973 - Sections 1(2), 130, 131, 144 and 197; Arms Act, 1959; Army Act, 1950; Assam Disturbed Areas Act; Armed Forces (Special Provisions) (Amendment) Act, 1972 - Sections 3; Armed Forces (Special Provisions) Act, 1958 - Sections 2, 3, 4, 5 and 6;

Reported in : AIR1998SC465; 1998(1)ALD(Cri)220; JT1997(9)SC431; 1997(7)SCALE741; (1998)2SCC109; [1997]Supp5SCR469; AIR 1998 SC 431

is made for use of armed forces in the following provisions contained in Sections 130 and 131 of the Criminal Procedure Code, 1973 (for short Cr. P.C.) :-'Section 130. Use of armed forces to disperse assembly.- (1) If any such … validity of Section 197 of the CrPC, 1898 (which was in pari materia with Section 197 of the CrPC, 1973) was challenged on the ground of violation of Article 14 of the Constitution and it was urged that

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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 … 96 reads thus : -'96. (1) Notwithstanding anything contained in sections 129, 130, sub-section (2) of section 167, and section 173 of the Code of … 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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Jan 02 2006

Mohd. Yousuf Vs. Smt. Afaq Jahan and anr.

Court : Supreme Court of India

Decided on : Jan-02-2006

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 130, 147, 154, 155, 155(3), 156, 156(3), 169, 173, 190, 190(1), 200, 202, 202(1), 204, 342, 432 and 448; ;Foreign Exchange Regulation Act - Sections 8(2), 23, 23B and 23(3); ;Sea Customs Act - Sections 19; ;Prevention of Corruption Act; ;Indian Penal Code (IPC), 1860 - Sections 420, 467, 468 and 471

Reported in : AIR2006SC705; 2006(1)ALD(Cri)428; 2006CriLJ788; (2006)2GLR1742; JT2006(1)SC10; 2006(1)KLT939(SC); RLW2006(2)SC962; 2006(1)SCALE1; (2006)1SCC627; [2006] 1 SCR 1; MANU/SC/0189/2006

The respondent No. 1 filed a petition under Section 432 of the Code of Criminal Procedure, 1973 (in short the 'Code') to quash the direction … Affairs, West Bengal v. Abani Kumar Banerjee, : AIR1950Cal437 'What is taking cognizance has not been defined in the Criminal procedure Code and I have no desire to attempt to define it. It seems to me clear however that before … case was one which such officer was not empowered under this section to investigate.(3) Any Magistrate empowered under Section 130 may order such an investigation as above mentioned.'6. Section 156 falling within Chapter XII, deals with powers of

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Aug 14 2014

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

Court : Mumbai Nagpur

Decided on : Aug-14-2014

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 … maintained by it while formulating Prohibition Act. This can be seen also in following provisions of Prohibition Act. Section 130: Arrested Persons And Things Seized To Be Sent To Officer-In-Charge Of Police Station Every person arrested and thing

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Jun 15 2009

Sri Ni Pra Channabasava Deshikendra Swamigalu Matadhipathigalu Vs. C.P ...

Court : Karnataka

Decided on : Jun-15-2009

Subject : PropertyTenancy

Acts : Transfer of Property Act, 1882 - Sections 10 and 43; Karnataka Land Reforms Act, 1961 - Sections 2(A), 2(B), 7, 10, 13, 20, 21, 22, 24, 25, 33, 36, 37, 39, 41, 41(1), 41(2), 41(9), 46A(5), 125, 126, 130 and 185; Karnataka Land Reforms (Amendment) Act, 1979; Karnataka Certain Inams Abolition Act 1977 - Sections 4, 5 and 11; Village Officers' Abolition Act, 1961 - Sections 8;Right to Information Act (RTI); Karnataka Land Revenue Act, 1964 - Sections 33, 34 and 39; Code of Criminal Procedure (CrPC) , 1973 - Sections 145; Code of Civil Procedure (CPC) - Order 40, Rule 1; Karnataka Land Reforms Rules - Rules 12 and 39

of the property complained of tresspass to the executive magistrate against the respondents. Proceedings under Section 145 of Criminal Procedure Code, 1973 was initiated. To the knowledge of the respondents no proceedings under Section 41 of the Karnataka Land … executive magistrate against the respondents. Proceedings under Section 145 of Criminal Procedure Code, 1973 was initiated. To the knowledge of the respondents no proceedings under … enquiry and pass orders and therefore it cannot be said it is an order without jurisdiction. Even otherwise, Section 130 is attracted when admittedly the respondents ore unauthorized occupants of the land in question. They could be evicted

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Dec 07 2006

Ambika Nahar Exports and anr. Vs. Commissioner of Customs (Port) and o ...

Court : Kolkata

Decided on : Dec-07-2006

Subject : Customs

Acts : Customs Act, 1962 - Sections 28, 125, 128, 128A, 129A to 129E, 130, 130A and 130E; ;Finance Act, 1984 - Section 40; ;Customs Tariff Act, 1975; ;Customs and Central Excises Laws (Amendment) Act, 1988; ;Customs and Excise Revenues Appellate Tribunal Act, 1986 - Section 3; ;Central Excise Act, 1944 - Section 35F; ;Income Tax Act, 1961 - Sections 254(1), 254(2), 256 and 256(1); ;Indian Income Tax Act, 1922 - Sections 33(4) and 66(1); ;Indian Penal Code (IPC), 1860 - Sections 193, 196 and 228; ;Code of Criminal Procedure (CrPC) , 1973 - Section 195; ;Code of Civil Procedure (CPC) , 1908; ;Constitution of India - Article 226

Reported in : 2007(3)CHN625

be a Civil Court for all the purposes of Section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).Section 129D. Powers of Committee of Chief Commissioner of Customs or Commissioner of Customs to … have the same powers as are vested in a Court under the Code of Civil Procedure, 1908 (5 of 1908), when trying a suit in … behalf of the customs authority has taken a preliminary objection as regards maintainability of the present appeal under Section 130 of the Act on the ground that an order in terms of Section 129E of the same is

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Oct 03 2011

Managing Committee Frank Anthony Public School and anr. Vs. C.S. Clark ...

Court : Delhi

Decided on : Oct-03-2011

Subject : Criminal

Acts : Delhi School Education Act, 1973 - Section 8(3); Delhi School Education Rules, 1973 - Rule 130; Code of Criminal Procedure (CrPC) - Section 340; Constitution of India - Article 226

registered in the Register of Contracts under Rule 130 of the Delhi School Education Rules, 1973 (`DSER). … rented flat and that their refusal to do so would be a continuation of their grave misconduct and criminal trespass. 7. On 14th January 1989 the Board of Governors (`BoG)/MC of the School framed charges against Mr. … the Clarkes that no Disciplinary Committee (`DC) in terms of Rule 118 DSER was constituted and that the procedure outlined in Rule 120 DSER was also not followed. Copies of the charge sheet and vital documents were … DSEA which contains terms and conditions and the mode of enforcing the Code of Conduct for the teachers. It is stated that the said contracts … prayer of the Respondents for proceeding against the School under Section 340 CrPC was declined. As far as Mr. Clarke was concerned, the Tribunal ordered … as such under the Delhi School Education Act, 1973 (`DSEA). The employees of an unaided minority school

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Oct 03 2011

Managing Committee, Frank Anthony Public School and Vs. C.S. Clarke an ...

Court : Delhi

Decided on : Oct-03-2011

Subject : Criminal

Acts : Delhi School Education Act, 1973 - Section 8(3); Delhi School Education Rules, 1973 - Rule 130; Code of Criminal Procedure (CrPC) - Section 340; Constitution of India - Article 226

registered in the Register of Contracts under Rule 130 of the Delhi School Education Rules, 1973 (`DSER'). 4. … rented flat and that their refusal to do so would be a continuation of their grave misconduct and criminal trespass.7. On 14th January 1989 the Board of Governors (`BoG')/MC of the School framed charges against Mr. and … the Clarkes that no Disciplinary Committee (`DC') in terms of Rule 118 DSER was constituted and that the procedure outlined in Rule 120 DSER was also not followed. Copies of the charge sheet and vital documents were … DSEA which contains terms and conditions and the mode of enforcing the Code of Conduct for the teachers. It is stated that the said contracts … prayer of the Respondents for proceeding against the School under Section 340 CrPC was declined. As far as Mr. Clarke was concerned, the Tribunal ordered … as such under the Delhi School Education Act, 1973 (`DSEA'). The employees of an unaided minority school

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