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Nov 13 2003

A.S. Impex Limited and ors. Vs. Delhi High Court and ors.

Court : Delhi

Decided on : Nov-13-2003

Subject : Criminal

Acts : Negotiable Instruments Act, 1881 - Sections 138, 142 and 143; Code of Criminal Procedure (CrPC) , 1973 - Sections 4(2), 26, 374(3), 397 and 407; Constitution of India - Article 21, 41 and 227

Reported in : 107(2003)DLT734; 2004(72)DRJ1; 2003(3)JCC292; (2004)136PLR3

of the receipt of the said notice. Section 142. Cognizance of offences--Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),--(a) no Court shall take cognizance of any offence punishable under Section 138 except upon … Constitution of India; (ii) that no order under Section 407 of the Code could be passed. Moreover complaint under Section 138 of the Act can … under Section 138. Section 142 of the Act deals as to which Court can take cognizance of offences. Section 143 deals with the power of Court to try cases under Section 138 of the Act summarily. Sub-section [2]

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Oct 19 2001

Chikkappa and ors. Vs. State by Sub-inspector of Police, Hangal Police ...

Court : Karnataka

Decided on : Oct-19-2001

Subject : Criminal

Acts : Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Sections 2(1), 3, 3(1) and 18; Indian Penal Code (IPC), 1860 - Sections 143, 147, 149, 323, 430, 447, 504 and 506; Code of Criminal Procedure (CrPC) , 1973 - Sections 437, 438, 439, 439(2) and 482; Constitution of India - Articles 14 and 21; Civil Rights Act

Reported in : 2002CriLJ518; ILR2001KAR5483; 2002(1)KarLJ61

should be exercised'. In the light of this recommendation, Section 438 was incorporated, for the first time, in the Criminal Procedure Code of 1973. Looking to the cautious recommendation of the Law Commission, the power to grant anticipatory bail is … complaint being launched against innocent persons, the provisions of Sections 438 and 439 have been incorporated in the Code of Criminal Procedure, whereunder the Courts can go into the question of prima facie existence of a case … petition) of Hangal Police Station registered for the offences punishable under Sections 143, 147, 323, 430, 447, 504 and 506 read with Section 149 of

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Mar 22 2005

Steel Tubes of India Vs. Steel Authority of India

Court : Madhya Pradesh

Decided on : Mar-22-2005

Subject : Criminal

Acts : Negotiable Instruments Act, 1981; Banking Financial Institutions and Negotiable Instrument Laws (Amendment) Act, 1988; Negotiable Instrument (Amendment and Miscellaneous Provisions) Act, 2002 - Sections 143 to 147; Negotiable Instruments Act, 1881 - Sections 138 to 142; Bankers Books Evidence Act, 1891; Information Technology Act, 2000; Code of Criminal Procedure (CrPC) , 1973 - Sections 4, 5, 91, 143(3), 200, 259, 262 to 265 and 482

Reported in : I(2007)BC525; 2006CriLJ1988; 2006(1)MPLJ194

Criminal Cases. Criminal - Conversion- Summary Trial in Warrant Trial - Sections 4, 5, 259 and 482 of Criminal Procedure Code, 1973(Cr.P.C.) and Section 143 of Negotiable Instrument Act, 1881 - Non applicant filed complaint against applicant herein for … crores is involved. The complainant in his complaints, as well as statements recorded under Section 200 of the Code of Criminal Procedure (for short, 'the Code') has not disclosed as to against which liability or debt, the

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Jan 11 2010

Mandvi Co-op. Bank Ltd. Vs. Nimesh B. Thakore

Court : Supreme Court of India

Decided on : Jan-11-2010

Subject : BankingCriminal

Acts : Negotiable Instruments Act, 1881 - Sections 138 to 142 and 143 to 147; Negotiable Instruments (Amendment and Miscellaneous Provisions) Act, 2002; Negotiable Instruments Laws (Amendment) Act, 1988; Information Technology Act, 2000; Evidence Act, 1891 - Sections 113A, 137 and 165; Code of Criminal Procedure (CrPC) , 1973 - Sections 251, 254, 262 to 265, 273, 294, 296, 296(2), 315, 316 and 482; Indian Penal Code (IPC), 1860 - Sections 137 and 498A; Constitution of India - Article 20(3)

Reported in : 2010(1)BomCR614; JT2010(1)SC259; 2010(I)OLR(SC)306; 2010(1)SCALE188; (2010)3SCC83; [2010]98SCL139(SC); 2010(1)LC454(SC)

try cases summarily.(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), all offences under this Chapter shall be tried by … had before it a large number of writ petitions and applications under Section 482 of the Code of Criminal Procedure. Most of those petitions were filed on behalf of the accused but a few were also at the … large number of writ petitions and applications under Section 482 of the Code of Criminal Procedure. Most of those petitions were filed on behalf of … to 147 besides bringing about a number of changes in the existing provisions of Sections 138 to 142. Section 143 gave to the court the power to try cases summarily; Section 144 provided for the mode of service

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Feb 11 2005

State by Basavapatna Police Station Vs. Harshad

Court : Karnataka

Decided on : Feb-11-2005

Subject : Criminal

Acts : Juvenile Justice (Care and Protection of Children) Act, 2000 - Sections 4, 4(1), 4(2), 6 and 6(1); Indian Penal Code (IPC), 1860 - Sections 143, 147, 148, 149 and 302; Code of Criminal Procedure (CrPC) , 1973 - Sections 26, 27 and 209; Children Act, 1960; Juvenile Justice Act, 1986; Haryana Children Act

Reported in : 2005CriLJ2357; ILR2005KAR1572; 2005(2)KarLJ481

Juvenile Justice Board.--(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the State Government may, by notification in the Official … questions before us, it is necessary to look into the provisions of law relating to juvenile offenders and Criminal Procedure Code.7. Taking into consideration the need for care and protection and for providing proper care and treatment of the … us, it is necessary to look into the provisions of law relating to juvenile offenders and Criminal Procedure Code.7. Taking into consideration the need for care and protection and for providing proper care and treatment of the … charge-sheeted along with others for offences under Sections 143, 147, 148 and 302 read with Section 149 … Act, 2000 (hereinafter referred to as 'Act No. 56 of 2000') vis-a-vis Section 27 of the Cr. P.C. In view of the difficulty that has

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Mar 09 2012

Ramakrishna, Mandya Vs. the Secretary, Home Dept. Bangalore and Others

Court : Karnataka

Decided on : Mar-09-2012

Subject : Land Acquisition

Acts : Constitution Of India - Articles 226, 227, 72, 161, 142(1), 145, 367(1), 74, 20(1), 72/161, 21, 74(1), 14; Indian Penal Code (IPC) - Sections 448, 302, 143, 144, 148, 301, 57; Code of Criminal Procedure (CrPC) 1973 - Sections 235(1), 401(5), 402, 432, 433, 433A, 435, 401, 432(3); uttar pradesh Prisoners’ Release on Probation Act, 1938; General Clause Act, 1897 - Sections 3(8)(b), 3(60)(b), 14, 21

released the convicted person before the expiry of 14 years contrary to Section 433.A of the Code of Criminal Procedure, 1973, which is patently illegal, arbitrary, without jurisdiction and therefore is liable to be set aside.7. Per contra, … highlighted that similar provisions are specifically provided in Sections 432 and 433 CrPC. Merely because Article 72 and Article 161 of the Constitution have not … 302 of IPC. Prosecution has failed to prove the charges levelled against accused-2 to 9 for offence under Section 143, 144, 148, 448, 301, 144 IPC. Therefore, accused No.1 alone was sentenced to undergo life imprisonment and also

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Feb 16 1995

The State of Tamil Nadu and Another Vs. R. Gandhi, President, and Anot ...

Court : Chennai

Decided on : Feb-16-1995

Subject : Criminal

Acts : Constitution of India - Articles 14, 50, 217(2) and 236; Code of Criminal Procedure (CrPC) , 1973 - Sections 6, 7(1), 13, 13(1), 14A, 18, 18(1), 20, 21, 23, 107, 133, 143, 144 and 145

Reported in : 1995CriLJ3129

- Sections 6, 7 (1), 13, 14A, 18, 20, 21, 23, 107, 133, 143, 144 and 145 of Criminal Procedure Code, 1973 - whether appointment of Special Judicial Magistrates and Special Metropolitan Magistrate could be confined to persons who … to be quashed by the writ petitioner is one issued by the Government under S. 21 of the Code of Criminal Procedure, 1973 (Central Act II of 1974), whereby all regular Taluk Tahsildars and Deputy Tahsildars including … exercise the powers under Ss. 133, 143, and 144 of the Code. Section 21 of the Code enables the State Government to appoint for such

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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 … 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 … the President of India made a reference to this Court under Article 143(1) of the Constitution for consideration of the question whether the 'Special Courts

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Mar 14 2008

Som Lal Vs. Vijay Laxmi and ors.

Court : Supreme Court of India

Decided on : Mar-14-2008

Subject : Election

Acts : Punjab Panchayati Raj Act, 1994 - Sections 208(1); Punjab Co-operative Societies Act, 1961; Punjab State Election Commission Act, 1994 - Sections 11, 142 and 143; Indian Penal Code (IPC), 1960 - Sections 153A, 171E, 171F, 376, 376A, 376B, 376C, 376D, 498A and 505; Constitution (Seventy-third Amendment) Act, 1992; Code of Criminal Procedure (CrPC) , 1973 - Sections 110; Constitution of India - Article 243

Reported in : AIR2008SC2088; JT2008(4)SC403; (2008)151PLR435; 2008(4)SCALE554; (2008)11SCC413; 2008(1)LC527(SC); 2008AIRSCW2750; AIR2008SC2088

offence; or(e) has been ordered to give security for good behaviour under Section 110 of the Code of Criminal Procedure, 1973; or(f) has been notified as disqualified for appointment as public servant except on medical grounds; or(g) is … ordered to give security for good behaviour under Section 110 of the Code of Criminal Procedure, 1973; or(f) has been notified as disqualified for appointment … notwithstanding anything contained in any other law which is inconsistent with this Act shall prevail and similarly, in Section 143 it clearly contemplates that all other provisions of State law corresponding to the provisions of this Act shall

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Feb 15 2007

Chandrappa and ors. Vs. State of Karnataka

Court : Supreme Court of India

Decided on : Feb-15-2007

Subject : Criminal

Acts : Delhi Special Police Establishment Act, 1946; Indian Penal Code (IPC) - Sections 143, 147, 148, 149, 302, 323, 324 and 447; Code of Criminal Procedure (CrPC) , 1973 - Sections 372 to 394; Code of Criminal Procedure (CrPC) , 1898 - Sections 417, 418, 423 and 423(1); Constitution of India - Article 136

Reported in : 2007CriLJ2136; JT2007(3)SC316; 2007(4)KarLJ249; RLW2007(4)SC2744; 2007(3)SCALE90; (2007)4SCC415; (2007)2SCC(Cri)325; (2007)2Crimes103(SC); 2007AIRSCW1850; 2007(1)LawHerald(SC)823; 2007(3)AIRKarR235(SC).; [2007] 2 SCR 630

position first. Chapter XXIX (Sections 372-394) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the present Code') deals with appeals. Section 372 … Lordship then was) stated:This Court obviously did not and could not add a condition to Section 417 of the Criminal Procedure Code. The words were intended to convey the idea that an appellate court not only shall bear in mind … offences punishable under Sections 143, 147, 148, 302 and 324 read with Section 149 of the Indian Penal Code ('IPC' for short).2. Brief facts of the case are that Accused No. 2, Somashekhara, Accused No. 8, Thammaiah

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