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May 02 1979

Shantidevi Vs. State

Court : Delhi

Decided on : May-02-1979

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 302; Evidence Act, 1872 - Sections 32; Code of Criminal Procedure (CrPC) , 1973 - Sections 162

Reported in : ILR1979Delhi183

while the offence committed is under Section 302 Indian Penal Code is not hit by Section 162 of the Criminal Procedure Code in view of Sub-section (2) of Section 162 Criminal Procedure Code, 1973.; 5. The mere fact that a … House No. 2589, Bagichi Raghunath, Sadar Bazar, Delhi, who was convicted under Section 302 of the Indian Penal Code and sentenced to life imprisonment by judgment dated February 28, 1976 of the Additional Sessions Judge, Delhi, for

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Jan 12 1979

Dalip Singh and ors. Vs. State of Punjab

Court : Supreme Court of India

Decided on : Jan-12-1979

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 162(2); Evidence Act - Sections 32; Indian Penal Code (IPC) - Sections 34, 302, 307 and 324

Reported in : AIR1953SC364a; 1979CriLJ700; 1982(1)SCALE502; (1979)4SCC332a; 1979(11)LC334(SC); AIR 1979 SC 1173

the Indian Evidence Act in view of the exception provided in Sub-section (2) of Section 162 of the CrPC, 1973, it is better to leave such dying declaration out of consideration until and unless the prosecution satisfies … of the exception provided in Sub-section (2) of Section 162 of the CrPC, 1973, it is better to leave such dying declaration out of consideration … the Indian Evidence Act in view of the exception provided in Sub-section (2) of Section 162 of the CrPC, 1973, it is better to leave such dying declaration out of consideration until and unless the prosecution satisfies the … three appellants under Section 302 read with Section 34 of the Penal Code for the murder of five persons belonging to one family. Because of

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Mar 10 1981

Khatri and ors. Vs. State of Bihar and ors.

Court : Supreme Court of India

Decided on : Mar-10-1981

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 4, 36, 162, 172 and 202; Evidence Act, 1872 - Sections 27, 32(1), 35, 122, 123, 124, 126, 129, 145 and 161; Constitution of India - Articles 32 and 226

Reported in : AIR1981SC1068; 1981(29)BLJR425; 1981(1)SCALE531; (1981)2SCC493; [1981]3SCR145; 1981(13)LC924(SC)

serious difficulty in its resolution, if we have regard to the terms of Sections 162 and 172 of the Criminal Procedure Code on which reliance has been placed on behalf of the State.3. We will first consider the question in … these documents on the ground that they are protected from disclosure under Sections 162 and 172 of the CrPC 1973 and the petitioners are not entitled to see them or to make any use of them in the … any other law is being investigated, inquired into, tried or otherwise dealt with. Then we come straight to Section 162 which occurs in chapter XII dealing with the powers of the Police to investigate into offences. That Section,

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Jan 23 1987

Raghunath Krishna Mujumale and ors. Vs. State of Maharashtra

Court : Mumbai

Decided on : Jan-23-1987

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 162; Indian Penal Code (IPC), 1860 - Sections 34, 302 and 323

Reported in : 1988(1)BomCR346; (1987)89BOMLR204; 1987MhLJ412

be treated as a contradiction and allowed to be proved.19. To appreciate why this Explanation was incorporated in the Criminal Procedure Code of 1973 we have to go to Tahsildar Singh's case; : 1959CriLJ1231 . Before this decision, there was … proved.19. To appreciate why this Explanation was incorporated in the Criminal Procedure Code of 1973 we have to go to Tahsildar Singh's case; : 1959CriLJ1231 … would have seen that these so-called omissions did not amount to contradictions as contemplated by the Explanation to section 162 Cri.P.C. As our experience goes, quite a few Magistrates and even Sessions Judges are not fully alive to

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Sep 23 1985

State (Delhi Administration) Vs. Laxman Kumar and ors.

Court : Supreme Court of India

Decided on : Sep-23-1985

Subject : Criminal

Acts : Indian Penal Code (IPC) - Sections 302; Code of Criminal Procedure (CrPC) , 1973 - Sections 161 and 162(1); Evidence Act, 1872 - Sections 32 and 145

Reported in : AIR1986SC250; 1986CriLJ155; 1985(2)Crimes758(SC); 1985(2)SCALE701; (1985)4SCC476; [1985]Supp2SCR898

the Indian Evidence Act in view of the exception provided in Sub-section (2) of Section 162 of the CrPC, 1973, it is better to leave such dying declarations out of consideration until and unless the prosecution satisfies the … 1. These two appeals are by special leave. The Delhi Administration has preferred Criminal Appeal No. 93/84 and the Indian Federation of Women Lawyers and others have preferred the other Criminal Appeal. … the police officer during investigation is inadmissible in evidence and the proper procedure is to confront the witness with the contradictions when they are examined … convicted for the offence punishable under Section 302 of the Indian Penal Code as has been found by the trial Court. Mr. Singh had very

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Mar 30 1983

J.D. Metha and anr. Vs. P.H. Nanavati and ors.

Court : Mumbai

Decided on : Mar-30-1983

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 91 and 397; Evidence Act, 1872 - Sections 162; Constitution of India - Article 21

Reported in : 1983(2)BomCR45

discharged in both these applications. (i) Criminal - documents - Sections 91 and 397 of Criminal Procedure Code, 1973, Section 162 of Evidence Act, 1872 and Article 21 of Constitution of India - complainant-respondent filed application in Lower Court … grant rehearing afresh of the appeal, then certainly the High Court possesses such power under section 561-A of the Criminal Procedure Code (corresponding to section 482 of the new Code).' (bracketed portion supplied). Shri Gumaste also relied upon three judgment … filed a complaint against Wagh under section 323 of the Indian Penal Code in the Metropolitan Magistrate's Court, 14th Court, Girgaum, Bombay, which is numbered

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Feb 01 1977

Nirpal Singh and ors. Vs. State of Haryana

Court : Supreme Court of India

Decided on : Feb-01-1977

Subject : Criminal

Acts : Indian Penal Code (IPC) - Sections 302; Code of Criminal Procedure (CrPC) , 1973 - Sections 162, 235 (2), 251 to 259 and 326; Evidence Act - Sections 27

Reported in : AIR1977SC1066; 1977CriLJ642; (1977)2SCC131; [1977]2SCR901

Court and is in fact expressly prohibited by Section 162 of the CrPC. Violation of this provision may sometime diminish the value of the testimony … does not dispose of the matter completely, because it appears that the commitment inquiry was held under the CrPC, 1973 and the Sessions Judge after delivering the judgment of conviction has not given any opportunity to the accused … statements of the witnesses signed has been deprecated by this Court and is in fact expressly prohibited by Section 162 of the CrPC. Violation of this provision may sometime diminish the value of the testimony of the witnesses … appellants and the deceased persons resulting from a number of civil and criminal litigations and the relations of the deceased persons along with their friends … have been convicted under Section 302, Indian Penal Code and sentenced to death. Appellants Devinder Singh and

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Apr 01 2009

State of Rajasthan Vs. Champa Lal

Court : Supreme Court of India

Decided on : Apr-01-2009

Subject : Criminal

Acts : Evidence Act, 1872 - Sections 32; Code of Criminal Procedure (CrPC) , 1973 - Sections 162(2); Indian Penal Code (IPC), 1860 - Sections 302 and 307; Rajasthan Police Rules, 1964

Reported in : 2009AIRSCW2600; 2009CriLJ2403; JT2009(5)SC352; RLW2009(2)SC1035; 2009(5)SCALE156; (2009)12SCC571; 2009(3)LHSC1546; 2009(4)KCCRSN203

to serve the remainder of sentence, if any. Criminal - Validity - Dying declaration - Section 162 of Criminal Procedure Code, 1973, Section 32(1) of Indian Evidence Act, 1872 - Respondent was accused of committing murder of deceased - … acquittal. Respondent faced trial for the alleged commission of offence punishable under Section 302 of the Indian Penal Code, 1860 (in short the `IPC') and was sentenced to undergo imprisonment for life by learned Additional Sessions Judge,

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Oct 15 2004

Shashidhar Purandhar Hegde and anr. Vs. State of Karnataka

Court : Supreme Court of India

Decided on : Oct-15-2004

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 34, 363, 368, 506 and 507; Code of Criminal Procedure (CrPC) , 1973 - Sections 162 and 162(1)

Reported in : AIR2004SC5075; 2004(2)ALD(Cri)1035; 2004CriLJ4677; JT2004(9)SC177; 2005(1)KarLJ29; 2004(8)SCALE843; (2004)12SCC492

remainder of sentence. Criminal - Indian Penal Code, 1860 - Sections 34, 363, 368, 506 , 507 - Criminal Procedure Code (CrPC), 1973 - Section 162 and 162(1) - Prosecution of appellants two in number for Kidnapping a minor boy and

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Nov 17 1987

Sugga Engineering Works (P.) Ltd. and Others (Cr. M. (M) Nos. 576 and ...

Court : Delhi

Decided on : Nov-17-1987

Subject : Company

Acts : Companies Act, 1956 - Sections 4, 16, 159, 160, 161, 162, 166, 167, 168, 200, 220, 234, 598, 610, 614A and 615; Code of Criminal Procedure (CrPC) , 1973 - Sections 468 and 472

Reported in : [1990]68CompCas625(Delhi); 1988(14)DRJ97b

continuing offence - Sections 159, 162 and 220 of Companies Act, 1956 and Sections 468 and 472 of Criminal Procedure Code, 1973 - petitioners charged with offence of non-filing of annual returns and balance sheet and profit and loss … Act''), are continuing offences within the meaning of section 472 of the Code of Criminal procedure, 1973 (for short, ``the Code''), so as to remove … petitions which are being disposed of by this order is whether the offences under section 159, read with section 162 and section 220 again read with section 162, of the Companies Act, 1956 (for short, ``the Act''), are

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