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Central Bureau of Investigation Vs. Shri Ravi Shankar Srivastava, Ias ...
Supreme Court of India
Aug-10-2006
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 155(2), 156(1) and 482; Indian Penal Code (IPC), 1860 - Sections 120B, 167, 168 and 177A; Prevention of Corruption Act, 1988 - Sections 13(1) and 13(2); Delhi Special Police Establishment Act, 1946 - Sections 2, 3, 5, 5(1), 5(2) and 6; Constitution of India - Article 166; Foreign Exchange Regulation Act - Sections 3, 4, 4(1) and 5
AIR2006SC2872; 2006CriLJ4050; JT2006(7)SC313; 2006(7)SCALE618; (2006)7SCC188
No. 1, a member of Indian Administrative Service filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (in short 'the Code') for quashing the FIR registered by the appellant alleging commission of offences punishable … Bench. Respondent No. 1, a member of Indian Administrative Service filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (in short 'the Code') for quashing the FIR registered by the appellant alleging commission … by the appellant alleging commission of offences punishable under Sections 120B, 167, 168, 177A of the Indian Penal Code, 1860 (in short 'IPC') and Sections
Tag this Judgment! AI Brief & AskState of Karnataka, by Deputy Superintendent of Police, Indi Sub-divis ...
Karnataka
Mar-31-2006
Criminal
Evidence Act, 1872 - Sections 45; Indian Penal Code (IPC), 1860 - Sections 34, 148, 149, 302, 342, 436 and 506; Code of Criminal Procedure (CrPC) , 1973 - Sections 157, 160 to 168, 313, 315 and 428
2006(5)KarLJ85
undue importance. The Apex Court in the case reported in 2004 SCC (Cri.) 851 has observed as thus:Criminal Procedure Code, 1973 - Sections. 157, 160 to 168 - Investigation -- Defective investigation - Effect of - Not fatal … importance. The Apex Court in the case reported in 2004 SCC (Cri.) 851 has observed as thus:Criminal Procedure Code, 1973 - Sections. 157, 160 to 168 - Investigation -- Defective investigation - Effect of - Not fatal … were put at trial and the offences alleged against them were under Sections 148, 302, 506, 342 and 436 read with 149 of the I.P.C.
Tag this Judgment! AI Brief & AskGhanshyam Chaturbhuj Vs. Industrial Ceramics P. Ltd. and Others
Chennai
Jan-19-1988
CompanyCriminal
Companies Act, 1956, Ss. 113, 113(2), 159, 162, 168, 220, 234, 621 and 628; Code of Criminal Procedure (CrPC) , 1973 - Sections 472
[1990]68CompCas36(Mad)
of the Act is a continuing offence. 6. The term 'continuing offence' has not been defined either in the Criminal Procedure Code or in any other statute. However, judicial pronouncements of the Supreme Court and other High Courts under different … share certificates had been dismissed by the Additional Chief Metropolitan Magistrate (E.O.I.), Egmore, Madras, under section 203,Criminal Procedure Code, has preferred this revision, challenging the above order of dismissal. 2. The facts briefly are : The petitioner … 220 and 142(1) and other offence. In the last category, under sections 168 and 234 of the Act and other sections, we find: '....shall be … guidelines. The Supreme Court in State of Bihar v. Deokaran Nenshi : 1973CriLJ347 , while holding that the offence mentioned under section 66 of the
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Jacob Thomas Vs. Pandian
Kerala
Sep-01-2005
Motor Vehicles
Motor Vehicles Act, 1988 - Sections 110B, 140, 158(6), 162, 163A, 165 to 174 and 176; Land Acquisition Act - Sections 18, 19, 23, 24, 25 and 26; Workmen's Compensation Act; Motor Vehicles Rules - Rules 168 and 169; Kerala Motor Vehicles Rules, 1989 - Rules 21, 371, 372, 373, 377, 378, 378(5), 379, 380, 392 and 395; Kerala Motor Accidents Claims Tribunal Rules, 1977; Assam Motor Accidents Claims Tribunal Rules; Code of Criminal Procedure (CrPC) , 1973 - Sections 195; Code of Civil Procedure (CPC) , 1908 - Order 5, Rules 9 to 13 and 15 to 30 - Order 6, Rules 16 to 18 - Order 7, Rule 9 - Order 9, Rules 2, 3, 4, 6, 8 and 9 - Order 10, Rule 9 - Order 13, Rules 3 to 10 - Order 16, Rules 1 to 21 - Order 17, Rules 2, 3 and 12 - Order 23, Rules 1 to 3 - Order 26
I(2006)ACC204; 2006ACJ464; AIR2006Ker77; [2006(2)JCR250]; 2005(4)KLT545
be a Civil Court for all the purposes of Section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973(2 of 1974).'(emphasis supplied)Section 176 of the Act authorises the Government to make rules. Relevant provisions are quoted … Rule 395 of the M.V. Rules read with Order IX of the Code of Civil Procedure. In Lukose v. Govindan Nair (1990 (1) KLT 378), … of them, as the case may be:169. Procedure and powers of Claims Tribunals:--(1) In holding any inquiry under Section 168, the Claims Tribunal may, subject to any rules that may be made in this behalf, follow such summary
Tag this Judgment! AI Brief & AskT.P.G. Nambiar and Others Vs. the Ragistrar of Companies, Karnataka, B ...
Karnataka
Feb-05-1997
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 482; Companies Act, 1956 - Sections 5, 17, 56, 60, 67, 161, 166, 168, 209-A, 210(1 and 2), 217(2-A), 220, 230(1), 281, 291, 317(5), 370(1), 371, 372, 629 and 633; Companies (Central Government's) General Rules, 1956; Companies (Particulars of Employees) Rules, 1975; Constitution of India - Articles 226 and 227
1998(3)KarLJ612
and who were managing the affairs of the company'. The director filed a petition under Section 482 of the Criminal Procedure Code, 1973, to have the complaint quashed: Held, quashing the complaint, that in the light of the contents of … hand, the petitioners rushed to this Court under Section 482, Criminal Procedure Code. At this stage, it is also necessaryto refer to the various decisions … invoking Section 633 of the Act. Even if there is any liability, petitioners are not at default as Section 168 refers to 'officers at default'.22. As against it, the respondent submitted that offences under Sections 166, 210 and
Tag this Judgment! AI Brief & AskCentral Bureau of Investigation (Cbi) Vs. R.S. Pai and anr.
Supreme Court of India
Apr-03-2002
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 170, 173, 173(4) and 173(5); Indian Penal Code (IPC), 1860 - Sections 120B and 420; Prevention of Corruption Act, 1988 - Sections 13(1) and 13(2)
AIR2002SC1644; 2002(1)ALD(Cri)725; 2002CriLJ2029; 2002(2)Crimes159(SC); JT2002(3)SC460; 2002(2)KLT149(SC); 2002(3)SCALE262; (2002)5SCC82; [2002]2SCR889; 2002(1)LC672(SC); 2; MANU/SC/0246/2002
7 The word 'shall' used in Sub-section (5) cannot be interpreted as mandatory, but as directory. Para 7 ;Criminal Procedure Code, 1973 - Section 173(5)--Scope--Admission of documents at stage subsequent to filing of charge-sheet--Provision directory--Further investigation being itself permissible, … Question is-whether prosecution can produce additionaldocuments which are gathered during investigation, after submittingcharge-sheet under Section 173 of the Code of Criminal Procedure 19732. The Special Court (Trial of Offences Relating to Transactionsin Securities) at Bombay by judgment … discharge application bearing Misc.Application No. 51 of 2000 and Misc. Application No. 168 of 2000before the Special Court. Pending hearing those applications,appellant sought production of
Tag this Judgment! AI Brief & AskP.V. Narsimha Rao Vs. State (Cbi/Spe)
Supreme Court of India
Apr-17-1998
Media and CommunicationCriminal
Privileges of Parliament Act, 1512; Code of Criminal Procedure (CrPC) , 1973 - Sections 108, 164, 173(8), 190, 193, 195 to 197 and 306; Constitution of India - Articles 1(6), 13(2), 19(1), 21, 32, 84, 99, 101, 102, 103, 105(2), 150, 160, 167, 168, 170, 172, 173, 190, 191, 192, 194, 211, 226, 246, 324 and 329; Constitution of India (forty fourth Amendment) Act, 1978 - Sections 15; Prevention of Corruption Act, 1988 - Sections 2, 7, 10, 11, 12, 13, 15 and 19(1); People Act, 1951; Salary, Allowances and Pension of Members of Parliament Act, 1954 - Sections 2, 3, 4, 6(2), 6-A(2) and 8A(1); Indian Penal Code (IPC), 1860 - Sections 2, 5, 8, 9, 12, 21, 120B, 161-A, 164 and 193; Crimes Act, 1914 - Sections 73A; Prevention of Corruption Act, 1947 - Sections 2 and 5(2); Prevention of Corruption Act,
AIR1998SC2120; 1997(1)ALD(Cri)157; 1998(1)ALD(Cri)762; 1997(1)BLJR263; 1998CriLJ2930; 1998(3)SCALE53; (1998)4SCC626; [1998]2SCR870
office at the time when the offence was alleged to have been committed.(3) Notwithstanding anything contained in the CrPC, 1973 (2 of 1974), -(a) no finding, sentence or order passed by a Special Judge shall be reversed or … Member of Parliament would be immune from effective punitive sanctions of the kind that can be inflicted under the criminal law. Public obloquy is unlikely to be an effective sanction against such a person and accordingly we consider … of this Constitution and to the rules and standing order regulating the procedure of Parliament, there shall be freedom of speech in Parliament.(2) No Member … was no charge against them under Section 193 of the Indian Penal Code. Shailender Mahto of the J.M.M., it may be mentioned, later turned approver … noted Article 9 of the Bill of Rights, 1688, which has already been quoted. The learned judge
Tag this Judgment! AI Brief & AskCavim Realty (P) Ltd. and ors. Vs. Station House Officer and anr.
Andhra Pradesh
Apr-28-2006
Criminal
Companies Act, 1956; Indian Penal Code (IPC) - Sections 420, 446 and 447; Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 156, 156(1), 156(2), 156(3), 168, 169, 170, 177, 178, 179, 180, 184, 190, 193, 200, 201, 219, 220, 221, 223, 239 and 482; Constitution of India - Article 226
2008(6)ALT401
in Andhra Pradesh, has the jurisdiction to entertain the private complaint under Section 200 of the Code of Criminal Procedure, 1973, and in this context, he relied upon the definition of 'local jurisdiction' defined in Section 2(j) read … Class, Adoni in Andhra Pradesh, has the jurisdiction to entertain the private complaint under Section 200 of the Code of Criminal Procedure, 1973, and in this context, he relied upon the definition of 'local jurisdiction' defined in … of such investigation is required to be submitted as provided under Sections 168, 169 and 170. Section 170 specifically provides that if, upon an investigation,
Tag this Judgment! AI Brief & AskSugga Engineering Works (P.) Ltd. and Others (Cr. M. (M) Nos. 576 and ...
Delhi
Nov-17-1987
Company
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
[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 … Act which provided for punishment in the case of continuing offences. In this connection, Mr. Behl referred to section 168, 234 and 598 of the Act. Section 16 levies penalty for default in holding a meeting of the
Tag this Judgment! AI Brief & AskT. Srinivasa Rao Vs. State and Koroor Vysya Bank
Andhra Pradesh
Jul-21-1998
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 26, 154, 156, 156(3), 168, 173 and 482; Indian Penal Code (IPC), 1860 - Sections 4(1), 120B, 154(1), 156(1), 156(2), 190, 406, 420, 468, 471 and 477-A
1998(4)ALD599; 1998(2)ALD(Cri)248
the petition deserves dismissal and the same is accordingly dismissed. Criminal - investigation - Section 156 (3) of Criminal Procedure Code, 1973 - appellant challenged validity of Order of Chief Metropolitan Magistrate empowering a superior officer than Officer-in-charge of … ORDER1. This is an application filed under Section 482 of the Code of Criminal Procedure, 1973,. (for short 'the Code') to quash the order … and then taken up for investigation under Section 156 of the Code.15. It would be appropriate to notice Section 168 of the Code, which enables even a subordinate police officer to make investigation into a cognizable offence, but
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