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Yogendra Bhagatram Sachdev Vs. the State of Maharashtra and Shri Shamb ...
Mumbai
Feb-07-2003
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 294, 313, 391, 397, 428, 428(1) and 482; Negotiable Instruments Act - Sections 138 and 139; Code of Civil Procedure (CPC) - Order 41, Rule 27
2003(2)ALD(Cri)21; III(2003)BC158; 2003BomCR(Cri)810
of thisCourt. Criminal - additional evidence - Sections 294, 313, 391, 397, 428, 428 (1) and 482 of Criminal Procedure Code, 1973, Sections 138 and 139 of Negotiable Instruments Act and Order 41 Rule 27 of Code of Civil … A.S. Aguiar, J.1. By this application, presumably under Section482 of the Code of Criminal Procedure, 1973, theapplicant seeks to invoke the exercise of powersvested … 1973 on two grounds; firstly, thatthere is no change in the law regarding discharge ofburden of proof under Section 139 of the NegotiableInstruments Act after the judgment of conviction, andsecondly, that if such application were allowed, itwould open
Tag this Judgment! AI Brief & AskV.P. Punj Vs. Asst. Commisioner of Income-tax and Another
Delhi
Aug-03-2001
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 482; Income Tax Act, 1962 - Sections 139(1) and (8), 276C and CC; Company Act, 1956; Tax Law Amendment and Miscellaneous Provisions Act, 1986 - Sections 278E
94(2001)DLT156
ORDERS.K. Agarwal. J.1. This petition u/s. 482 of the Criminal Procedure Code, 1973 (for short, Cr.P.C.), is directed against the order dated 26th July, 1998 passed by the Court of … ORDERS.K. Agarwal. J.1. This petition u/s. 482 of the Criminal Procedure Code, 1973 (for short, Cr.P.C.), is directed against the order dated 26th July, 1998 passed by the Court of … return could be filed uptil 31.3.1991, under clause (a) of proviso of Section 276CC, of the Act to avoid prosecution. It was actually filed on … reference to some of the Sections of the Act is necessary. Section 139(1) mandates that the income-tax return must be filed before due date. Section
Tag this Judgment! AI Brief & AskV.S. Kuttan Pillai Vs. Ramakrishnan and anr.
Supreme Court of India
Sep-18-1979
Media and CommunicationCriminal
Constitution of India - Article 20(3); Code of Criminal Procedure (CrPC) , 1973 - Sections 91, 91(1), 93, 93(1), 94, 94(1) and 96; Indian Penal Code (IPC) - Sections 34, 403, 409, 420 and 477A; Evidence Act - Sections 139;
AIR1980SC185; 1980CriLJ196; (1980)1SCC264; [1980]1SCR673
Fifth Amendment to the American Constitution held that the provisions relating to search contained in Section 93(1) of the Criminal Procedure Code, 1973, are not hit by Article 20(3) of the Constitution.2. Section 91 confers power on the Court or … V. Khalid, J. of Kerala High Court, no search warrant could be issued under Section 91 of the CrPC, 1973 ('new Code' for short), and accordingly directed that anything recovered pursuant to the search warrant issued by him … for himself and 2 other colleague. In Sinha, CJ's opinion, the observation in M.P. Sharma's case (supra) that Section 139 of the Evidence Act has no bearing on the connotation of the word 'witness' is not entirely well-founded
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G.S.R. Krishnamurthi Vs. M. Govindaswamy, Income-tax Officer
Chennai
Jun-13-1991
Direct Taxation
Income Tax Act, 1961 - Sections 72(3), 132, 132(4), 136, 139, 142, 143, 148, 269A, 269F, 269-I, 269P(1), 269S, 269AB, 271, 271(1), 271(4A), 273A, 275A, 276, 276A, 276B, 276C, 276C(1), 276D, 276E, 276AA, 276CC, 276DD, 277, 278, 278A, 278C, 279, 279(1) and 279(1A); Indian Penal Code (IPC), 1860 - 34, 37, 109, 120B, 193, 196 and 420; Code of Criminal Procedure (CrPC) , 1973 - Sections 195; General Clauses Act, 1897 - Sections 26; Finance Act, 1985
(1992)104CTR(Mad)143; [1992]195ITR137(Mad)
within the embargo of section 195(1)(b)(i) of the Code of Criminal Procedure, 1973, in as much as the complaint had been launched by an authority … for all practical purposes, is to be construed as a 'court' within the meaning of section 195 of the Criminal Procedure Code. Once this position is reached, it goes without saying that the offences falling under section 193 and 196 … New section 276CC provides for punishment for willful failure to furnish returns of income under sub-section (1) of section 139 or in response to a notice under sub-section (2) of that section or section 148. 40. The old … Act and IPC--Same transaction--Permissible--No prejudice caused to accused. Prosecution--COMPLIANCE WITH S. 195(1)(b)(i), CrPC--Form 37G filed stating false consideration--In anticipation and in relation to assessment proceedings--Complaint
Tag this Judgment! AI Brief & AskVeeraraghavan Vs. Lalith Kumar
Chennai
Oct-19-1994
Criminal
Indian Penal Code (IPC), 1860 - Sections 420; Code of Criminal Procedure (CrPC) , 1973 - Sections 482; Negotiable Instruments Act - Sections 5, 6, 138, 139, 140 and 142
1995CriLJ1882
of Offences : Notwithstanding anything contained in the Code of Criminal Procedure, 1973, - (a) no Court shall take cognizance of any offence punishable under … Act. Aggrieved by that order, the complainant took up the matter to the High Court under Section 482, Criminal Procedure Code. It was held that Section 138 of N.I. Act provides for punishment only in case cheque was returned … Arunachalam, J., while hearing the arguments in this petition under Section 482, Code of Criminal Procedure, to quash the proceedings in C.C. No. 489 of … aggrieved party by facilitating the application of Section 138 of the Act to his case : (i) under Section 139 a presumption is created whereby it is presumed, unless the contrary is proved, that the holder of the
Tag this Judgment! AI Brief & AskSyed Rasool and Sons and ors. Vs. Aildas and Company and anr.
Andhra Pradesh
Sep-30-1992
CriminalCompany
Negotiable Instruments Act, 1881 - Sections 138, 139 and 142; Code of Criminal Procedure (CrPC) , 1973 - Sections 156(3) and 482; Indian Penal Code (IPC), 1860 - Sections 420
1992(3)ALT259; 1993(1)ALT(Cri)237; [1993]78CompCas738(AP); 1992CriLJ4048
of offfences :- Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), (a) no court shall take cognizance of any offence … G. Radhakrishna Rao, J. 1. These two Criminal Petitions are filed under Section 482 of the Criminal Procedure Code for quashing C.C. No. 143 of 1992, on the file of the XI Metropolitan Magistrate, Secunderabad, and C.C. … G. Radhakrishna Rao, J. 1. These two Criminal Petitions are filed under Section 482 of the Criminal Procedure Code for quashing C.C. No. 143 of 1992, on the file of the XI Metropolitan Magistrate, Secunderabad, and C.C. … the receipt of the said notice, as contemplated under proviso (b). S. 139 of the Act draws a presumption in favour of the holder that
Tag this Judgment! AI Brief & AskN. Venkata Sivaram Prasad Vs. Rajeswari Constructions
Andhra Pradesh
Apr-26-1996
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 190, 200 and 203; Negotiable Instruments Act - Sections 138, 139 and 142
1996(2)ALD(Cri)97; 1996(2)ALT(Cri)36; [1998]94CompCas296(AP); 1996CriLJ3409
is dismissed. 20. Appeal dismissed. Criminal - dishonour of cheque - Sections 2, 190, 200 and 203 of Criminal Procedure Code, 1973 and Sections 138, 139 and 142 of Negotiable Instruments Act - notice issued to respondent for dishonour … Section 142 : Cognizance of offences :- Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974); - (a) no Court shall … one month from the date on which the cause of action arises under Clause (c) of proviso to Section 139. 5. As already stated, the said proviso relates to failure of the drawer to make the payment to
Tag this Judgment! AI Brief & AskIn Re: the Special Courts Bill, 1978 Overruled
Supreme Court of India
Dec-01-1978
Constitution
Code of Criminal Procedure (CrPC) , 1973 - Sections 2(4), 4, 4(1), 6, 9, 9(2), 11(2), 177, 189 and 439; Indian Penal Code (IPC) - Sections 116, 120-B, 161 and 420; Constitution of India - Article 14, 21, 32, 133, 134, 138, 139, 140, 141, 143, 246, 246(1), 246(2), 352 and 359
AIR1979SC478; (1979)1SCC380; [1979]2SCR476
subject-matter of Clause 6 is the jurisdiction and powers of the Supreme Court. Entry 2 of List III, 'Criminal procedure, including all matters included in the CrPC at the commencement of this Constitution' will also take care of … other offences and accused persons as can be jointly tried therewith at one trial in accordance with the CrPC, 1973.9. A Special Court shall in the trial of such cases follow the procedure prescribed by the said Code … in the offence in respect of which a declaration is made under Section 4 either as principal, conspirator or abettor and all other offences and … power to review any judgment pronounced or order made by it, Article 139A confers upon it the power in certain circumstances to withdraw cases pending
Tag this Judgment! AI Brief & AskKarekar Finance Pvt. Ltd., an Incorporated Company Vs. Shri M.N. Bashy ...
Mumbai
Aug-22-2007
CriminalBanking
Negotiable Instruments Act, 1881 - Sections 138 and 139; Code of Criminal Procedure (CrPC) , 1973 - Sections 313
III(2008)BC98
of the accused, as can be seen from his statement recorded under Section 313 of the Code of Criminal Procedure, 1973, is that the said cheque was issued by him in blank as collateral security. It was also … can be seen from his statement recorded under Section 313 of the Code of Criminal Procedure, 1973, is that the said cheque was issued by … inconsistent defences and as such was unable to rebut the presumption available to the Complainant in terms of Section 139 of the Act. The learned Senior Counsel contends that although the cheque given to the Complainant was dated
Tag this Judgment! AI Brief & AskChetanbhai Vasantbhai Mistary Vs. State of Gujarat
Gujarat
Nov-25-2003
CriminalBanking
Negotiable Instruments Act, 1881 - Sections 43, 46, 58, 72, 78, 82, 84, 118, 138 and 139; Indian Penal Code (IPC) - Sections 384, 385, 386 and 506(2); Code of Criminal Procedure (CrPC) , 1973 - Sections 451, 457 and 457(1)
II(2005)BC59
of cheques - Sections 138 and 139 of Negotiable Instrument Act, 1881 and Sections 451 and 457 of Criminal Procedure Code, 1973 - petitioner given several cheques by respondent - respondent filed complain that cheques obtained under pressure - … punishable under sections 384, 385, 386 and 506(2) of the Indian Penal Code were committed and were important pieces of evidence which cannot be allowed … these cheques are yet to be proved in any court of law. There is a legal presumption under section 139 of the NI Act that, unless the contrary is proved, the holder of a cheque received the cheque
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