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Gulam Abbas and ors. Vs. State of Uttar Pradesh and ors.

Court : Supreme Court of India

Subject : Constitution

Acts : Constitution of India - Articles 32, 137 and 141; Code of Criminal Procedure (CrPC) , 1973 - Sections 6, 8, 19, 20, 21, 22, 23, 26, 35, 106, 107, 129, 132, 133, 143, 144, 144(1), 144(2), 144(5), 145, 148, 397 and 476; Code of Civil Procedure (CPC), 1908 - Sections 11 - Order I, Rule 8; Bombay Police Act, 1951 - Sections 37; Uttar Pradesh Muslim Wakfs Act, 1936 - Sections 5(1), 5(2), 28, 29 and 38; Uttar Pradesh Muslim Wakfs (Amendment) Act, 1960 - Sections 28 and 29

Reported in : AIR1981SC2198; 1981CriLJ1835; 1981(3)SCALE1707; (1982)1SCC71; [1982]1SCR1077

derivative title. 23. The next question that arises for consideration is whether an Order made under Section 144 Criminal Procedure Code is judicial or quasi-judicial order or whether it is passed in exercise of an executive power in performance … Law Commission has been implemented to a great extent. The Law Commission in its 37th Report ion the CrPC 1898 made several recommendations in, this behalf to which we might usefully refer, At page, 15 of the … rendered infructuous and the controversy remained undecided. However, when in the year 1973 on the occasion of Barawafat the City Magistrate, Varanasi by his order

Akhil Bhartiya Sarkari Lottery Vyapari Mahasangh and anr. Vs. Comm. of ...

Court : Delhi

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 144; Constitution of India - Article 19(1); Indian Penal Code (IPC), 1860 - Sections 294-A; Indian Contract Act, 1972 - Sections 30

Reported in : 1999IVAD(Delhi)593; 1999CriLJ3600; 80(1999)DLT561; 1999(50)DRJ495

to promulgate prohibition order u/s. 144 of the Code of Criminal Procedure, 1973 (Act 2 of 1974) for prevention of such disturbance of public tranquillity … to human life and property. 8. Now, thereforee, in exercise of powers conferred upon me under section 144 Criminal Procedure Code, read with Govt. of India, Ministry of Home Affairs, New Delhi Notification No.A-1103643/73(1)-UTL dated 1.7.78, I, V.N. Singh, … prohibited in the entire National Capital Territory of Delhi w.e.f. April 17, 1999, under section 144 of the Code of Criminal Procedure. There are two petitioners in Writ Petition No. 391 of 1999. The first petitioner is

Acharya Jagdishwaranand Avadhuta and ors. Vs. Commissioner of Police, ...

Court : Supreme Court of India

Subject : Constitution

Acts : Constitution of India - Articles 25, 26, 32, 44(2) and 226; Code of Criminal Procedure (CrPC) , 1973 - Sections 107, 134, 144, 144(1), 144(4) and 145; Police Act

Reported in : AIR1984SC51; 1983CriLJ1872; 1984(1)Crimes318(SC); (1983)4SCC522; [1984]1SCR447; 1984(16)LC16(SC)

the particular area. For example, in the High Court, Dalhousie Square and Assembly order Under Section 144 of the Criminal Procedure Code is promulgated from time to time. This order would not entitle the petitioners to hold any such procession … of Police, respondent 1 before us is alleged to have made repetitive orders Under Section 144 of the CrPC, 1973 ('Code' for short) from August 1979 directing that 'no member of a procession or assembly of five or

Dr. Praveen Bhai Thogadia Vs. State of Karnataka and anr.

Court : Karnataka

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 20, 144, 144(1), 144(5), 144(6) and 482; Constitution of India - Article 19(1)

Reported in : 2003CriLJ1769; ILR2003KAR3175; 2003(3)KarLJ435

and in the extent of its application. There is no general proposition that an order under Section 144, Criminal Procedure Code cannot be passed without taking evidence: see Mst. Jagrupa Kumari v. Chotay Narain Singh, 1936 Cri. L.J. 95 … by Sub-section (2) of Section 20 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), and in suppression of Government Notification Nos. … It is the settled proposition that any order or judgment of any Court or the functionaries under the Code of Criminal Procedure could be made amenable to the scrutiny under Section 482. The remedy under Sub-sections (5)

State of Karnataka and anr. Vs. Dr. Praveen Bhai Thogadia

Court : Supreme Court of India

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 20, 20(1), 20(2), 21, 29, 144, 144(1), 144(3) and 482; Constitution of India; Defence of India Act, 1962 - Sections 40

Reported in : AIR2004SC2081; 2004(2)ALD(Cri)46; 2004(2)BLJR912; 2004CriLJ1825; (2004)3GLR2242; JT2004(4)SC129; 2004(4)KarLJ484; 2004(2)KLT342(SC); 2004(4)SCALE115; (2004)4SCC684

and, in the extent of its application. There is no general proposition that an order under Section 144, Criminal Procedure Code cannot be passed without taking evidence: see Mst. Jagrupa Kumari v. Chobey Narain Singh 37 Cl.L.J. 95 which … harmonious social and communal atmosphere. The respondent challenged the order in a petition under Section 482 of the Code of Criminal Procedure, 1973 (in short the 'Code') before the High Court taking the stand that the ADM

Razia Patel W/O Shrikant Sawangikar Vs. State of Maharashtra and ors.

Court : Mumbai

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 144; Constitution of India - Article 226

Reported in : 1986(2)BomCR642

Criminal - breach of peace - Section 144 of Criminal Procedure Code, 1973 and Article 226 of Constitution of India - for passing ex parte … and in the extent of its application. There is no general proposition that an order under section 144, Criminal Procedure Code cannot passed without taking evidence; see Mst. Jagrupa Kumari v. Chotay Narain Singh, (1936) Cri.L.J. 25 which in … order passed by the Additional District Magistrate. Aurangabad dated 16th November, 1985 issued under section 144(2)(3) of the Code of Criminal Procedure prohibiting Shri Hussein Jamadar, Organizer of 'Talaq Mukti Morcha ' and his followers from entering

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

Court : Chennai

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 … 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 … maintenance of public order. Very rarely individual rights come up for consideration in such cases. For example, under Section 144 of the Code, the Magistrate is not concerned with individual rights in performing his duty under that Section,

Manohar Gajanan Joshi Vs. S.B. Kulkarni and Others

Court : Mumbai

Subject : Criminal

Acts : Constitution of India - Article 19(1); Code of Criminal Procedure (CrPC) , 1973 - Sections 144(2)

Reported in : 1988(4)BomCR116

Criminal - peace and tranquility - Article 19 (1) of Constitution of India and Section 144 (2) of Criminal Procedure Code, 1973 - petition against Order under Section 144 (2) passed by District Magistrate - petitioner restrained from entering … May 20, 1988 passed by the District Magistrate, Aurangabad in exercise of powers under S. 144(2) of the Code of Criminal Procedure (hereinafter referred to as 'the Code') was served on the petitioner. The order, inter alia

M.S. Associates Vs. Commissioner of Police

Court : Delhi

Subject : CriminalConstitution

Acts : Constitution of India - Article 162; Code of Criminal Procedure (CrPC) , 1973 - Sections 144

Reported in : 1996IIIAD(Delhi)5; 1997CriLJ377; 1996(38)DRJ13

assailed the order dated 26th December, 1995, passed by the Commissioner of Police under Section 144 of the Code of Criminal Procedure In Short Cr.P.C.) thereby prohibiting lottery trade in Delhi w.e.f. 28th December,1995. This order was … 8 it is stated that:- 'PARA8, Now, thereforee, in exercise of powers conferred upon me under Section 144 Criminal Procedure Code read with Govt. of India, Ministry of Home Affairs, New Delhi's Notification No.0-11036/3/73(i)-UTL dated 1.7.1978, I, Nikhil Kumar, … prevent to prevent the trade and business of the petitioner.;Criminal Procedure Code 1973 - Section 144--Scope of--Ban on lotteries--The State Government has no power to

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

Court : Karnataka

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, … would be permissible. It is also 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 been so provided specifically that would … 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