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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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Feb 22 1991

Shankar and Co. Vs. R. Viswanathan

Court : Karnataka

Decided on : Feb-22-1991

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 305 and 482; Income Tax Act, 1961 - Sections 131

Reported in : ILR1991KAR2730

merit in these revision petitions.9. Hence, I make the following order:-The petitions are not admitted. They are dismissed. CRIMINAL PROCEDURE CODE, 1973 (Central Act No. 2 of 1974) - Section 305 - Offences by Companies - For purposes of … the following order:-The petitions are not admitted. They are dismissed. CRIMINAL PROCEDURE CODE, 1973 (Central Act No. 2 of 1974) - Section 305 - Offences … the respondent had no power to record the statements of Accused Nos. 2 and 3 in this case. Section 131 of the Income Tax Act deals with the powers regarding discovery, production of evidence, etc., to the Assessing

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Feb 17 1992

K. Jagadeesan Vs. Income-tax Officer

Court : Chennai

Decided on : Feb-17-1992

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 72, 73, 74, 74A, 131, 139, 139(1), 139(4), 139(8), 142(1), 144, 148, 183, 271(1), 276C and 276CC

Reported in : [1993]199ITR307(Mad)

of income within due time for the assessment year 1985-86. 2. In this petition, preferred under section 482, Criminal Procedure Code, 1973, to call for the records and quash the pending prosecution as not maintainable and an abuse of … year 1985-86. 2. In this petition, preferred under section 482, Criminal Procedure Code, 1973, to call for the records and quash the pending prosecution as … notice under section 142(1) of the Act was served on the petitioner on December 18, 1987. Summons under section 131 of the Income-tax Act, 1961, requiring the presence of the petitioner on December 24, 1987, were also served

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Feb 22 1991

Shankar and Company and Others Vs. Third Income-tax Officer

Court : Karnataka

Decided on : Feb-22-1991

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(31), 131, 142(1), 143(2), 276C, 277, 278 and 278B; Code of Criminal Procedure (CrPC) , 1973 - Sections 482; Municipal Act - Sections 2(14)

Reported in : [1992]193ITR172(KAR); [1992]193ITR172(Karn); 1991(2)KarLJ576

M.M. Mirdhe, J. 1. These criminal petitions are preferred by the petitioners under section 482, Criminal Procedure Code, 1973, trying to quash the proceedings in C. C. No. 365 of 1987, on file of the Special … criminal petitions are preferred by the petitioners under section 482, Criminal Procedure Code, 1973, trying to quash the proceedings in C. C. No. 365 of … the respondent had no power to record the statements of accused Nos. 2 and 3 in this case. Section 131 of the Income-tax Act deals with the powers regarding discovery, production of evidence, etc., to the Assessing Officer

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Sep 23 1992

Phundi Vs. State of M.P.

Court : Madhya Pradesh

Decided on : Sep-23-1992

Subject : Criminal

Acts : Evidence Act, 1872 - Sections 145 and 157; ;Indian Penal Code (IPC), 1860 - Sections 302; Code of Criminal Procedure (CrPC) , 1973 - Sections 164, 313 and 131

Reported in : 1993CriLJ1881

it was not recorded by a Magistrate empowered to do so. Reading of Section 164 of Code of Criminal Procedure, 1973 would show that only a Metropolitan Magistrate or a Judicial Magistrate is empowered to record a confession … by a Magistrate empowered to do so. Reading of Section 164 of Code of Criminal Procedure, 1973 would show that only a Metropolitan Magistrate or … is obliged to given at least a plausible explanation for the cause of death in his statement under Section 131, Cr. P.C. Failure to explain may be treated as a circumstance against him. In State of U.P. v.

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Feb 13 2009

U.A.E. Exchange Centre Ltd. Vs. Union of India (Uoi) and anr.

Court : Delhi

Decided on : Feb-13-2009

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 4, 5, 5(2), 9(1), 90, 90(2), 131, 139, 148, 245Q(1), 245N, 245O, 245P, 245Q, 245R, 245R(1), 245R(6), 245S, 245T, 245U, 245U(2) and 245V; Finance Act, 1993; Evidence Act; Code of Criminal Procedure (CrPC) , 1973 - Sections 193, 195 and 228; Indian Penal Code (IPC) - Sections 196; Constitution of India - Articles 136, 226 and 227; Code of Civil Procedure (CPC) , 1908

Reported in : (2009)223CTR(Del)250; [2009]183TAXMAN495(Delhi)

Section 245U(2) provides that the Authority is deemed a Civil Court for the purposes of Section 195 of the Criminal Procedure Code, 1973 (Cr.PC) and every proceeding before the Authority shall be deemed to be a judicial proceeding within the … with all the powers of the Civil Court under the Civil Procedure Code, 1908 (CPC) as referred to in Section 131 of the Act, while … all the powers of the Civil Court under the Civil Procedure Code, 1908 (CPC) as referred to in Section 131 of the Act, while exercising its power under this chapter. Section 245U(2) provides that the Authority is deemed

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Feb 04 2004

The Government of Tamil Nadu Rep. by Its Chief Secretary and ors. Vs. ...

Court : Chennai

Decided on : Feb-04-2004

Subject : Criminal

Acts : Constitution of India - Articles 131 and 226; Prevention of Terrorism (Amendment) Act, 2003 - Sections 18, 19, 46, 60, 60(4), 60(5), 60(6) and 60(7); Code of Criminal Procedure (CrPC) , 1973 - Sections 195 and 321

Reported in : 2004(1)CTC641

18, 19, 46 and 60 of Prevention of Terrorism (Amendment) Act, 2003 and Sections 195 and 321 of Criminal Procedure Code, 1973 - constitutionality of Sections 60 (4), (5), (6) and (7) challenged on grounds of being violative of … submits that Sub-section (7) to Section 60 of POTA is akin to Sub-section (3) of Section 195 of Code of Criminal Procedure.(c) Mr. K. Chandru, learned senior counsel, appearing for the third respondent in W.P. No. 1239 … the dispute raised is one triable by the Supreme Court under Article 131 of the Constitution of India and by reason of that, Article 226

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Oct 25 2007

Mamatadevi W/O Prafullakumar Bhansli Vs. Vijaykumar Mamraj Agrawal

Court : Mumbai

Decided on : Oct-25-2007

Subject : BankingCriminal

Acts : Negotiable Instruments Act - Sections 131(2) and 138; Code of Criminal Procedure (CrPC) , 1973 - Sections 313, 391, 428 and 482; Code of Civil Procedure (CPC) - Order 41, Rule 27

Reported in : 2008CriLJ970; 2007(6)MhLj809

the Court acting under Section 391 of the Code of Criminal Procedure, 1973 is required to exercise its discretion to allow the applicant-accused to lead … applicant chose to keep quiet.8. The learned senior counsel for the applicant then urged that Section 391 of the Criminal Procedure Code permits evidence to be taken in appeal and for the right decision in the matter, the Appellate Court … C.L. Pangarkar, J.1. Rule. Heard finally with consent of parties.2. These two applications under Section 482 of the Code of Criminal Procedure can be disposed of by common order, since the questions involved in both the applications … : (AIR P. 534, para 13)A point was, however, made that Section 131(2)(b) applies only to a cancellation on the ground of irregularity, that is,

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Sep 12 2007

Bank of Baroda Vs. Deepak Raghuvir Wagle and anr.

Court : Mumbai

Decided on : Sep-12-2007

Subject : Civil

Acts : Code of Civil Procedure (CPC) - Sections 122 and 254 - Order 5, Rule 9 - Order 6, Rule 5 - Order 7, Rule 9 - Order 9, Rule 9 - Order 11, Rule 7, 19 - Order 17, Rule 7 - Order 21, Rule 50 - Order 26, Rule 1 - Order 30, Rules 1 and 2; Companies Act, 1956 - Sections 81 and 169; Banking Regulations Act, 1949; Indian Divorce Act, 1869; Code of Criminal Procedure (CrPC) , 1973 - Sections 125; Bombay High Court (O.S.) Rules, 1980 - Rules 45, 47, 87, 127, 131, 133, 157, 163, 185, 187, 188, 215, 402, 448, 809, 886 and 986; Original Side Rules

Reported in : 2007(3)ALLMR439; 2007(6)BomCR38; (2007)109BOMLR2245; 2008(2)MhLj381

charged with the offence; power conferred on Magistrate to grant maintenance under Section 125 of the Code of Criminal Procedure, 1973 to prevent vagrancy implies a power to allow interim maintenance; power conferred on a local authority to … the Court. Be it with reference to the inherent powers of the Court or express provisions in the Code of Civil Procedure. That power can be exercised by the Prothonotary only if it were to be expressly … of Justice Kapadia shows that he has referred to provisions of Rule 131 of the O.S. Rules. That Rule reads as under:Rule 131. Delegation of

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Apr 28 1998

Mohd. Hadi Raja Vs. State of Bihar and anr.

Court : Supreme Court of India

Decided on : Apr-28-1998

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 97 and 197(1); Indian Penal Code (IPC) - Sections 21; Constitution of India - Articles 12, 131, 311 and 350; Companies Act, 1956 - Sections 617

Reported in : AIR1998SC1945; 1998(1)ALD(Cri)907; 1998(2)BLJR1068; [1998]93CompCas362(SC); 1998CriLJ2826; 1998(2)Crimes284(SC); 1998(2)CTC444; JT1998(3)SC507; (1999)ILLJ701SC; RLW1998(2)S

not been defined in the CrPC but Section 2(Y) of the CrPC provides that the words used in the Criminal procedure Code but not defined in the Criminal Procedure Code but defined in the Indian Penal Code shall be deemed … stands on a different footing than the government departments.26. It is also to be indicated here that in 1973, the concept of instrumentality or agency of state was quite distinct. The interest of the State in such … Hindustan Steel Ltd. was not a State for the purpose of Article 131 of the Constitution.18. Reliance has also been placed on the decision of

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