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R.V. BhasIn Vs. State of Maharashtra and Marine Drive Police Station

Court : Mumbai

Subject : Criminal

Acts : Press and Registration of Books Act, 1867; Bombay Police Act - Sections 59; Criminal Law Amendment Act, 1961 - Sections 2 and 4(1); Indian Penal Code (IPC) - Sections 34, 124A, 153, 153A, 153B, 292, 293, 295A, 301 and 505; Code of Criminal Procedure (CrPC) , 1973 - Sections 95, 95(1), 96, 96(4), 99A, 99C, 144, 468 and 473; Code of Criminal Procedure (CrPC) , 1898 - Sections 99A and 99D; Constitution of India - Articles 19, 19(1), 19(2) and 226

Reported in : 2010(112)BomLR154

and expression - Article 19(1)(a) and Article 19(2) of Constitution of India and Section 95 of Code of Criminal Procedure Code, 1973 - Applicant contended that the notification under Section 95 of the Code banning impugned book is violative … Hindi by Dr. Anil Misr.3. In exercise of powers conferred by Sub-section (1) of Section 95 of the Code of Criminal Procedure, 1973 ('the Code') the Government of Maharashtra issued a notification dated 9/3/2007 ('the Notification') and … Editor, Executive Editor, Printer and Writer of the said Book under Sections 153A, 295A, 505 read with 34 of Indian Penal Code in Dadar Police

State of Maharashtra Vs. Mohammed Yusuf Noormohammed and ors.

Court : Mumbai

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 482; Indian Penal Code (IPC) - Sections 153, 296, 298 and 333

Reported in : 1989(1)BomCR1

Criminal - quashing of proceedings - Section 482 of Criminal Procedure Code, 1973 and Sections 153, 153A, 295A, 296, 298 and 505 of Indian Penal … having been impleaded in the said proceeding have moved this Court invoking inherent jurisdiction under section 482 of the Criminal Procedure Code for quashing of the said two complaints even though filed by private citizens. This in short is the … this Court invoking inherent jurisdiction under section 482 of the Criminal Procedure Code for quashing of the said two complaints even though filed by private … and Judiciary, Government of Maharashtra requested the State to grant sanction for prosecution of respondent No. 3 under section 153-A, 295-A and 505 of the Indian Penal Code which is the mandate and requirement under section 196 of

Dalbir Singh Vs. B.S.E.S. Rajdhani Power Limited

Court : Delhi

Subject : CriminalElectricity

Acts : Electricity Act, 2003 - Sections 135 to 140, 150, 151, 153, 153(3), 154, 154(1), 154(3) and 155; Electricity (Amendment) Act, 2007; Code of Criminal Procedure (CrPC) , 1973 - Sections 173, 260(1), 262 and 263 to 265; Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989; Electricity Act (Andhra Pradesh Amendment), 2000; Indian Electricity Act 1910 - Sections 49C; Constitution of Delhi - Article 20(1)

Reported in : 2009LC(DEL)303

Petitioner is that in terms of Section 154 of the Act the procedure envisaged under the Code of Criminal Procedure 1973 ('Cr.P.C') for trial of warrant cases was mandatorily required to be followed by the learned ASJ particularly … a summary way in accordance with the procedure prescribed in the said CrPC and further that the provisions of Section 263 - 265 CrPC shall, … .4. Learned Counsel appearing for the Respondent BRPL submits that the Special Electricity Courts were granted powers under Section 153 of the Act with a view to having a separate judicial forum exclusively for the trial of cases

The Trustees of Safadar Hashmi Memorial Trust Vs. Govt of Nct of Delhi

Court : Delhi

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 95(1), 96, 124A, 153A, 153B, 219, 292, 293 and 295A; Code of Criminal Procedure (CrPC) , 1973 - Sections 95; Code of Criminal Procedure (CrPC) , 1898 - Sections 99A and 99G

Reported in : 2001CriLJ3689; 2001(60)DRJ208

any angle the notification is indefensible and has to be nullified, which we direct. The petition is allowed. Criminal Procedure Code, 1973 - Sections 95 & 96--Notification by Govt.--Posters displayed--Religious, disharmony or feeling of enmity between different religions/community--Conditions necessary … ORDERArijit Pasayat, C.J.1. By this petition under Section 96 of the Code of Criminal Procedure 1973 (in short the Code), Notification No. F24/85/Misc.93-PO: dated 21-8-1993 passed by the Government of … enmity between different religions/communities which act is an offence punishable under Section 153-A and Section 295A of the Indian Penal Code, 1860 (in short the

State of Maharashtra and ors. Vs. Sangharaj Damodar Rupawate and ors.

Court : Supreme Court of India

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) ,1973 - Section 96, 95(1), Constitution of India - Article 226; Indian Penal Code (IPC), 1860 - Sections 153, 153-A and 34

imposed by statute, calls for a strict construction, especially when quasi-penal consequences also ensue. The imperial authors of the Criminal Procedure Code have drawn up Section 99A with concern for the subject and cautionary mandates to government. The power can … the impugned judgment, passed in an application under Section 96 of the Code of Criminal Procedure,1973 (for short "the Code") read with Article 226 of … harmony between various groups as set out therein, and (2) the publication does not disclose any offence under Section 153-A of the IPC. Finding substance in both the grounds, as stated above, by the impugned judgment, the High

Subhash Chatterjee Vs. State of West Bengal and anr.

Court : Kolkata

Subject : CriminalElectricity

Acts : Electricity Act, 2003 - Sections 135 to 140, 150, 151, 151A, 151B, 152, 153, 154 and 155; ;Electricity (Amendment) Act, 2007; ;Andhra Pradesh Electricity Act; ;Income Tax Act - Section 27; ;Evidence Act - Section 113A; ;Code of Criminal Procedure (CrPC) , 1973 - Section 173; ;Constitution of India - Article 20(1)

Reported in : 2007(4)CHN1040

under the Act on the basis of a police report submitted under Section 173 of the Code of Criminal Procedure cannot have any retrospective effect because in that case police will arrest an offender by virtue of amendment … the basis of a police report submitted under Section 173 of the Code of Criminal Procedure cannot have any retrospective effect because in that case … police report filed under Section 173 of the Code of Criminal Procedure, 1973.6. Mr. Joymallya Bagchi, learned Advocate for the opposite party No. 2, highlighting … of the Act as cognizable and non-bailable. Mr. Bagchi further submits that only Judge, Special Court, constituted under Section 153 of the Act, is competent to try offences committed under this Act and the procedure to be followed

Britannia Industries Ltd. A company registered under the Companies Act ...

Court : Mumbai

Subject : Labour and Industrial

Acts : Industrial Disputes Act, 1947 - Sections 2, 10, 10A, 10(1), 10(6), 11, 150 to 152, 153, 25N, 25N(6), 25O, 25O(1), 25O(2), 25O(4), 25O(5) and 25O(6); Companies Act, 1956; Trade Unions Act, 1926; Patna Municipal Corporation Act, 1951 - Sections 138(2), 149(1), 150 to 152 and 153; Army Act - Sections 142(7); Judicature Act, 1873 - Sections 100; Land Acquisition Act - Sections 11, 18, 19 and 23; Code of Criminal Procedure (CrPC) , 1973 - Sections 114; Code of Civil Procedure (CPC) , 1908 - Order 11, Rules 1 and 2 - Order 18, Rule 5 - Order 41, Rule 5 - Order 47; Maharashtra Industrial Disputes (Amendment) Act, 1982; Industrial Law; Constitution of India - Articles 19(1), 19(6), 32, 133, 135, 136, 142(1) and 226; Bombay High Court Appellate Side Rules, 1960 - Rules 7; Bombay High Court (O

Reported in : 2009(3)BomCR562; (2009)IIILLJ275Bom

the extent of review and the manner in which proceedings of review would take place. Section 114 of the Criminal Procedure Code, 1973 and Order 47 of the Code of Civil Procedure, 1908 deal with matters of review. These provisions … thereunder.10. It can hardly be disputed that Section 25-O is a self-contained code. It provides how and in what circumstances the remedy can be invoked … amendment can take place pursuant to an order under Section 151 or 152. This is also clear from Section 153 which says that:153. Every valuation made by the Chief Executive Officer... shall, subject to the provisions of Sections

Lt. Col. V.N. Singh Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : ServiceConstitution

Acts : Army Act, 1950 - Sections 37(1), 37(2), 122, 122(1), 122(3), 123, 127, 153, 154, 160 and 164; Constitution of India - Articles 20, 21, 44 and 50; Code of Criminal Procedure (CrPC) , 1973 - Sections 549 and 549(1); Army Regulations; Army Rules - Rules 3, 22, 53, 122(3) and 177 to 185

Reported in : 2002(64)DRJ379

offence more than once. The same does not prohibit enhancement of punishment in the same proceedings. Even under the Criminal Procedure Code, the High Court, either in exercise of its appellate or revisional jurisdiction may enhance the punishment, subject of … enhancement of punishment in the same proceedings. Even under the Criminal Procedure Code, the High Court, either in exercise of its appellate or revisional jurisdiction … Court in Bhim Singh's case.(c) Issue writ order or direction of appropriate nature striking down the provisions of Section 153, 154 and 160 of the Army Act 1950.(c-1) Issue writ order and direction of appropriate nature to quash … this Court in Delhi Police Establishment, New Delhi v. S.K. Loraiya, : 1973CriLJ33 . We are of the opinion that the High Court was right.

Ajoy Kumar Ghosh Vs. the State of West Bengal and anr.

Court : Kolkata

Subject : ElectricityCriminal

Acts : Indian Electricity Act, 2003 - Sections 135 to 140, 150, 151, 151A, 151B, 153 and 154(2); ;Electricity (Amendment) Act, 2007; ;Indian Electricity Act, 1910 - Section 39; ;Limitation Act - Section 5; ;Constitution of India - Article 20; ;Indian Penal Code (IPC) - Section 379; ;Code of Criminal Procedure (CrPC) , 1973 - Sections 173 and 460; ;Code of Criminal Procedure (CrPC) (Amendment) Act

Reported in : (2008)3CALLT97(HC),2008(1)CHN148,2008CriLJ276

filed under Section 173 of the Code of Criminal Procedure, 1973.Provided further that a Special Court constituted under Section 153 shall be competent to take cognizance of an offence without the accused being committed to it for trial.The … be a special provision to indicate that, the new procedural law is retrospective. No right of appeal under the Criminal Procedure Code is affected because no proceeding had been started under the Criminal Procedure Code.(b) In the case of Anant … Indian Electricity Act, 2003 read with Section 379 of the Indian Penal Code was registered and that gave rise to G.R. No. 604/2005 before the

Md. Nurul Huda Vs. State of West Bengal and ors.

Court : Kolkata

Subject : Electricity

Acts : Electricity Act, 2003 - Sections 135, 151, 153 and 154(2); ;Electricity (Amendment) Act, 2007; ;Indian Penal Code (IPC) - Section 379; ;Code of Criminal Procedure (CrPC) , 1973 - Sections 173 and 460

Reported in : 2008(3)CHN817

filed under Section 173 of the Code of Criminal Procedure, 1973.Provided further that a Special Court constituted under Section 153 shall be competent to take cognizance of an offence without the accused being committed to it for trial.8. … authorities specified thereunder, and the report of a police officer submitted under Section 173 of the Code of Criminal Procedure does not come within the ambit of the said provisions.4. Heard, Mr. Lakshminath Bhattacharya, the learned Advocate appearing … of the Electricity Act and under Section 379 of the Indian Penal Code as well as prayed for quashing of the proceedings relating to the