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Oct 19 1994

Veeraraghavan Vs. Lalith Kumar

Court : Chennai

Decided on : Oct-19-1994

Subject : Criminal

Acts : 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

Reported in : 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 … the cheque for the discharge, in whole or in part, of any debt or liability; and (ii) under Section 140 of the Act the drawer cannot adopt the mere defence of good faith i.e. the defence that he

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Dec 01 1978

In Re: the Special Courts Bill, 1978 Overruled

Court : Supreme Court of India

Decided on : Dec-01-1978

Subject : Constitution

Acts : 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

Reported in : 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 … and functions are defined in Article 32(2), Article 129, Articles 131 to 140 and in Article 143 of the Constitution. Likewise, Article 214 provides subject … 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

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Mar 19 1998

State Vs. Shiv Charan

Court : Delhi

Decided on : Mar-19-1998

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 401; Delhi Police Act, 1978 - Sections 140

Reported in : 1998CriLJ2776; 76(1998)DLT873; 1998(45)DRJ289; 1998RLR324

think any interference is called for against the order of the Metropolitan Magistrate. The revision-petition is accordingly dismissed. Criminal Procedure Code, 1973 - Section 401--Revision--Delay--Challenge of order passed in respect of an offence committed about 21 years ago--In the … order of the Metropolitan Magistrate. The revision-petition is accordingly dismissed. Criminal Procedure Code, 1973 - Section 401--Revision--Delay--Challenge of order passed in respect of an offence … found a case against the respondent Shiv Charan under Section 218 IPC. According to the learned Metropolitan Magistrate, Section 140 of the Delhi Police Act puts a bar to the suits and prosecution against the Police officers. According

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Jun 06 1990

S. Ramachandra Reddy Vs. P.N. Ravindra Reddy and anr.

Court : Andhra Pradesh

Decided on : Jun-06-1990

Subject : Criminal

Acts : Andhra Pradesh Gram Panchayats Act - Sections 140 and 221; ;Code of Criminal Procedure (CrPC) , 1973 - Sections 468 and 468(2); Tamil Nadu District Municipalities Act, 1920 - Sections 199 and 317; ;Madras District Police Act, 1859 - Sections 53

Reported in : 1991CriLJ1619

140 of the A.P. Gram Panchayats Act is repugnant to the one prescribed under S. 468 of the Code of Criminal Procedure so as to render the former provision void and 2. Whether it is the period … to police officers while Section 468 of the Criminal Procedure Code of 1973 is a general provision in regard to offenders in general. Therefore first … the A.P. Gram Panchayats Act is a local law prescribing the period of limitation, the limitation prescribed by the Criminal Procedure Code is not applicable to the case on hand. 3. The A.P. Gram Panchayats Act, 1964 is a State

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Oct 11 1996

New India Assurance Co. Ltd. Vs. Gajanan S/O Rambhau Mohite

Court : Mumbai

Decided on : Oct-11-1996

Subject : InsuranceMotor Vehicles

Reported in : (1997)99BOMLR73

It is obvious further that the Claims Tribunal shall follow the procedure of summary trial as contained in the Criminal Procedure Code, 1973. For the purposes of adjudicating and awarding a compensation under the new Chapter VIIA proviso to Rule … Court for all purposes of Section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973. Considering the above provisions, it is clear that … and in both the accidents, all the occupants/passengers received injuries. Injured persons filed individual claim petition simplicitor under Section 140 of the Motor Vehicle Act before the Motor Accidents Claims Tribunal, Buldana. Notices were issued to the opposite

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Oct 11 1996

New India Assurance Co. Ltd. Vs. Gajanan and ors.

Court : Mumbai

Decided on : Oct-11-1996

Subject : InsuranceMotor Vehicles

Reported in : 1(1998)ACC101

It is obvious further that the Claims Tribunal shall follow the procedure of summary trial as contained in the Criminal Procedure Code, 1973. For the purposes of adjudicating and awarding a compensation under the new Chapter VILA proviso to Rule … Court for all purposes of Section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973. Considering the above provisions it is clear that … and in both the accidents, all the occupants/passengers received injuries. Injured persons filed individual claim petition simplicitor under Section 140 of the Motor Vehicles Act before the Motor Accident Claims Tribunal, Buldana. Notices were issued to the opposite

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Mar 11 2005

K. Umavathamma and ors. Vs. G. Venkata Chalapathi and anr.

Court : Andhra Pradesh

Decided on : Mar-11-2005

Subject : Motor VehiclesCivil

Acts : Motor Vehicles Act, 1988 - Sections 140 to 166; Code of Criminal Procedure (CrPC) , 1973; Andhra Pradesh Motor Vehicle Rules, 1989 - Rules 455, 476, 476(1), 476(2), 476(4), 476(8), 158(6) and 165(1); Constitution of India - Article 227

Reported in : III(2005)ACC66; 2006ACJ1764; 2005(3)ALD10; 2005(3)ALT91

the claim: The Claims Tribunal shall follow the procedure of summary trial as contained in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) for the purpose of adjudicating and awarding a claim under Chapter X … Tribunal shall follow the procedure of summary trial as contained in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) for the purpose … Dharma Rao, J.1. Being aggrieved of not passing any order in I.A. No. 1327 of 2003 filed under Section 140 of the Motor Vehicles Act, 1988 under 'No fault liability' in O.P. No. 283 of 2003 filed under

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Jul 17 1998

Shri Vishnu Spinners, Tamilnadu Vs. Sri Bhagyalakshmi Commercial Corpo ...

Court : Andhra Pradesh

Decided on : Jul-17-1998

Subject : Criminal

Acts : Negotiable Instruments Act, 1881- Sections 138, 139, 140, 141 and 142; Limitation Act, 1963 - Sections 5; Code of Criminal Procedure (CrPC) , 1973 - Sections 470, 472 and 473

Reported in : 1998(5)ALD274; 1998(2)ALD(Cri)383; 1999(1)ALT(Cri)187; 1999CriLJ1221

The provisions are mandatory in their nature. Section 142 of the Act envisages that notwithstanding anything contained in Criminal Procedure Code, 1973, no Court shall take cognizance of any offence punishable under Section 138 except upon a complaint in … 142 of the Act envisages that notwithstanding anything contained in Criminal Procedure Code, 1973, no Court shall take cognizance of any offence punishable under SectionSection 138 would not be applicable. Section 139 raises presumption in favour of the holder of the cheque. Section 140 mandates as to what defence in a prosecution for an offence punisliable under Section 138 is not available.

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Jul 15 2008

New India Assurance Company Ltd. Rep. by Its Divisional Manager Vs. K. ...

Court : Andhra Pradesh

Decided on : Jul-15-2008

Subject : Motor Vehicles

Acts : Motor Vehicles Act, 1988 - Sections 2(13), 140 to 144, 147, 163A and 165 to 176; Andhra Pradesh Motor Vehicles Rules, 1989 - Rules 252, 455, 473, 476 and 476(3); Code of Criminal Procedure (CrPC) , 1973; Code of Civil Procedure (CPC)

Reported in : 2009ACJ2349; 2008(6)ALT561

Act, has to follow the procedure for summary trial of a case as contained in the Code of Criminal Procedure, 1973, and for the purpose of disposal of applications under Section 166 of the Act (as per Rule … the procedure for summary trial of a case as contained in the Code of Criminal Procedure, 1973, and for the purpose of disposal of applications … in favour of the claimants in C.M.A. No. 1569 of 2003 though the claim petition is filed under Section 140 of the Act, on the assumption that there is no difference between the claim petitions filed under Section

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Apr 08 2000

New India Assurance Co. Ltd. Vs. Meghnath and Another

Court : Madhya Pradesh

Decided on : Apr-08-2000

Subject : Motor Vehicles

Acts : Motor Vehicles Act, 1988 - Sections 140, 165, 168, 169, 173 173(1) and 173(2); Code of Civil Procedure (CPC), 1908 - Sections 24, 25, 115 and 115(2) - Order 43; Code of Criminal Procedure (CrPC) , 1973 - Sections 195; Constitution of India - Articles 136, 136(1) and 227; Motor Vehicles Act, 1939 - Sections 110 and 110C; Industrial Disputes Act, 1947 - Sections 10-A

Reported in : 2001ACJ627; AIR2001MP36; 2001(2)MPHT258; 2000(3)MPLJ246

be a Civil Court for all the purposes of Section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974J. (3) Subject to any rules that may be made in this behalf, the Claims … for all the purposes of Section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974J. (3) Subject to any rules … the said case, one of the revision was filed by the Insurance Company against an interim award under Section 140 of the Act of 1988 asking the insurance company to pay compensation on account of no-fault liability. There

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