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Alax Fernandes Vs. State and anr.
Mumbai
Sep-18-1992
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 133, 137 and 138
1993(2)BomCR55; (1993)95BOMLR404
Counsel for the petitioner we may beneficially go through the provisions of sections 133, 137 and 138 of the Criminal Procedure Code. Section 133 which is introduced in Chapter X and under the head of 'Public Nuisances' provides for conditional … E.S. Da Silva, J.1. The present application under section 482 of the Code of Criminal Procedure is directed against the judgment of the learned Sessions Judge, Panaji, dated 14th July, 1992 … Indradeo Singh and others , Vicant J. Cardozo v. State and another, 1973 Cri.L.J. 976, Madan Mohan Chowlia v. Ashutosh Sasmal and others , Uma
Tag this Judgment! AI Brief & AskJ.G. Sinkar and ors. Vs. State of Maharashtra and ors.
Mumbai
Aug-14-1980
Civil
Constitution of India - Articles 137, 145 and 226; Code of Civil Procedure (CPC), 1908 - Sections 141 - Order 47; Saurashtra Land Reforms Act, 1951; Code of Criminal Procedure (CrPC) , 1898 - Sections 369 and 424; Code of Criminal Procedure (CrPC) , 1973; Foreign Exchange Regulation Act, 1947 - Sections 23-C(1) and 23-C(2)
AIR1981Bom184; 1981MhLJ18
same position has been reiterated in the amended Code of Criminal Procedure, 1973 (Act II of 1974). We do not think that this judgment can … the Supreme Court held that the controlling provisions are only those contained in Sections 369 and 424 of the Criminal Procedure Code of 1898. This section expressly takes away the right of any criminal Court either to alter or review … the nature of the proceeding before the Court? Is it civil, criminal or something entirely different Whether the Code of Civil Procedure applies to the proceeding before this Court? It appears that Section 141 of the Code … the judgments and orders passed by the Supreme Court of India. Article 137 of the Constitution lays down that subject to the provisions of any
Tag this Judgment! AI Brief & AskPrem Raj Vs. State of Rajasthan and ors.
Rajasthan
Aug-10-1998
Criminal
Evidence Act - Sections 137 to 161 and 165; Code of Criminal Procedure (CrPC) , 1973 - Sections 242, 242(3), 243, 311 and 482
1999CriLJ819; 1999(2)WLC89
the learned counsel for the petitioner and the learned Public Prosecutor.2. By this petition under Section 482 of the Criminal Procedure Code, 1973, learned counsel for the petitioner has prayed that the order dated 5th March, 1997 passed by the … for the petitioner and the learned Public Prosecutor.2. By this petition under Section 482 of the Criminal Procedure Code, 1973, learned counsel for the petitioner has prayed that the order dated 5th March, 1997 passed by the … in Chapters 18, 19, 20 and 21 as well as by Sections 137 to 161 of the Evidence Act. In a warrant case, the trial
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Zahira Habibullah Sheikh and anr. Etc. Vs. State of Gujarat and ors. E ...
Supreme Court of India
May-07-2004
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 311, 391 and 406; Constitution of India - Articles 32, 136, 137 and 142; Criminal Law Amendment Act, 1952
AIR2004SC3467; 2004(2)ALD(Cri)1; 2004CriLJ2855; (2004)3GLR2058; RLW2004(3)SC392; 2004(5)SCALE397; (2004)5SCC353; 2004(2)LC1491(SC)
record is really of no consequence and has no merit of acceptance.20. The applications are dismissed. Criminal - Criminal Procedure Code (CrPC), 1973 - Sections 311, 391 and 406 - Constitution of India - Articles 32, 136, 137 and 142 -Direction … with law. According to him, such a direction could only have been given on a petition filed under Section 406 of the Code of Criminal Procedure, 1973 (in short the 'Code') and not otherwise. Strong reliance is
Tag this Judgment! AI Brief & AskSheonandan Paswan Vs. State of Bihar and ors.
Supreme Court of India
Dec-20-1986
Criminal
Indian Penal Code (IPC), 1860 - Sections 109, 120B, 420, 466 and 471; Code of Criminal Procedure (CrPC) , 1973 - Sections 24, 24(1), 24(3), 24(8), 25, 154, 155, 157, 172, 173, 173(1), 173(2), 190, 197, 202, 203, 209(1), 209(2), 227, 228, 239, 240, 244, 245, 245(1), 245(2), 253(1), 253(2), 257, 258, 320, 320(1), 320(2), 321, 333 and 397; Constitution of India - Articles 14, 136, 137 and 166(3); Code of Civil Procedure (CPC) , 1908 - Order 47, Rule 1
AIR1987SC877; 1987CriLJ793; JT1986(1)SC832; 1986(2)SCALE1099; (1987)1SCC288; [1987]1SCR702
by the Central Government to withdraw from the prosecution." This section corresponds to section 494 of the old Criminal Procedure Code, 1898 and it incorporates certain changes which have relevance in that they threw some light on the true … absolutely independent officer. He is an appointee of the Government, Central or State (see sections 24 and 25, CrPC), appoint- ed for conducting in court any prosecution or other proceedings on behalf of the Government concerned. So … Order 47 Rule 1 C.P.C. deals with review in civil matters. Article 137 of the Constitution is a special power with the Supreme Court to … Cooperative Department of the State of Bihar for the years 1972-73 and 1973-74 and as a result of these audits, there came to light a
Tag this Judgment! AI Brief & AskKranti Parcel Service Vs. the State
Andhra Pradesh
Sep-03-1996
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 133, 134, 136, 137 and 138
1996(4)ALD807; 1996(2)ALD(Cri)839; 1996(2)ALT(Cri)748; 1997CriLJ679
is accordingly allowed. 9. Petition allowed. Criminal - evidence - Sections 133, 134, 136, 137 and 138 of Criminal Procedure Code, 1973 - proceedings of Sub-Divisional Magistrate (SDM) sought to be quashed - petitioner contended that Magistrate erred in … so, the Sub-Divisional Magistrate issued an order under Section 133 of the Code of Criminal Procedure (for short 'the Code') for removal of nuisance. The … Cri LJ 1782 held that it is imperative for the Court to record evidence in the matter under Section 137 of the Old Code, which is equivalent to Section 138 of the New Code. As the Magistrate has
Tag this Judgment! AI Brief & AskHindustan Glue and ZiletIn Factory Vs. State of U.P.
Allahabad
Oct-13-1997
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 133, 133(1), 137, 138, 138(1), 138(2), 144 and 251
1998CriLJ1087
'existence of any public right in respect of the way, river, channel or place' within the meaning of Section 137 of the Code of Criminal Procedure, 1973 and therefore, we converge of the considered view that the learned … aforestated, stem from identical orders of Sub-Divisional Magistrate, Hapur Distt. Ghaziabad under Section 138 of the Code of Criminal Procedure, 1973. Criminal Revision No. 1389 of 1993 is directed against the order dated 18-9-1993 of the Sub-Divisional Magistrate, … orders of Sub-Divisional Magistrate, Hapur Distt. Ghaziabad under Section 138 of the Code of Criminal Procedure, 1973. Criminal Revision No. 1389 of 1993 is directed
Tag this Judgment! AI Brief & AskChandra Shekhar Bhatt Vs. the State
Uttaranchal
Apr-18-2006
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 133, 133(1), 137, 397 and 401
2006CriLJ2712
ORDERPrafulla C. Pant, J.1. This Revision, preferred under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973, is directed against the order dated 20-1-1992, passed by Sub-Divisional Magistrate, Pithoragarh, in Criminal Case No. 6/18/1988, … This Revision, preferred under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973, is directed against the order dated 20-1-1992, passed … belongs to him. From the perusal of record, it appears that thereafter, proceedings were drawn against him under Section 137 of the Code. It is also clear from the record that an inspection of the spot was made
Tag this Judgment! AI Brief & AskShakuntala Devi and ors. Vs. Chamru Mahto and anr.
Supreme Court of India
Feb-10-2009
Criminal
Specific Relief Act, 1963 - Sections 4 and 6; Limitation Act - Shedule - Article 137; Code of Criminal Procedure (CrPC) , 1973 - Sections 125, 145, 145(1), 145(4), 145(6), 397(3) and 482
AIR2009SC2075; 2009(57)BLJR968; 2009CriLJ1770; JT2009(3)SC502; RLW2009(3)SC2736; (2009)3SCC310; 2009(2)LC745(SC):2009AIRSCW1896:2009(3)KCCR2138
predecessor-in-interest of the appellants herein, one Dayanand Prasad, filed an application under Section 145 of the Code of Criminal Procedure, 1973 (hereinafter referred to as `the Code') being Case No. 455(M)/86, inter alia, for restoration of possession in … herein.3. The predecessor-in-interest of the appellants herein, one Dayanand Prasad, filed an application under Section 145 of the Code of Criminal Procedure, 1973 (hereinafter referred to as `the Code') being Case No. 455(M)/86, inter alia, for restoration … of the respondent that if regard was to be had to Article 137 of the Limitation Act, the period of limitation to enforce an order
Tag this Judgment! AI Brief & AskState of Uttar Pradesh Vs. Lakshmi Brahman and anr.
Supreme Court of India
Mar-11-1983
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 57, 84, 116, 125, 137, 138, 145, 146, 159, 167, 167(1), 167(2), 170, 190, 190(1), 193, 202, 204, 207, 209, 227, 309, 309(2), 437, 437(1) and 439; Code of Criminal Procedure (CrPC) (Amendment) Act, 1978; Indian Penal Code (IPC) - Sections 302
AIR1983SC439; 1983CriLJ839; 1983(1)Crimes797(SC); 1983(1)SCALE274; (1983)2SCC372; [1983]2SCR537
60 days as contemplated by Sub-section 2 of Section 167 of 1973 Code prior to its amendment by the Criminal Procedure Code (Amendment) Act, 1978 which enlarges the period from 60 to 90 days where the investigation relates to an … other than the police custody? The High Court was of the opinion that since after the enactment of CrPC, 1973, the proceeding before the Magistrate under Chapter XVI of the Code would not be an enquiry within the … reaching this conclusion, the High Court referred to sees. 84, 116, 125, 137, 138, 145 and 146 as well as sees. 159 and 202 of
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