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Oct 01 1997

J. Jayalalitha Vs. Her Excellency the Governor of Tamil Nadu, Raj Bhav ...

Court : Chennai

Decided on : Oct-01-1997

Subject : Criminal

Acts : Constitution of India -- Articles 77, 163, 166, 258-A and 361; General Clauses Act, 1897 -- Sections 3(60); Indial Penal Code (IPC), 1860 -- Sections 13, 21, 120-B, 169, 409, 420 and 477-A; Prevention of Corruption Act, 1988 -- Sections 19 and 30; Code of Criminal Procedure (CrPC) , 1973 -- Sections 17 and 197; Constitution of India (Seventh Amendment) Act, 1956

Reported in : 1998(3)CTC493

said offences:Now, therefore, under Section 197(l)(b) of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), the Governor of Tamil Nadu hereby accords … . Deshpande, J with reference to Section 3(60) of the General Clauses Act read with Section 197 of the Criminal Procedure Code held that the State Government mean the Governor, who is the Authority to sanction the prosecution and that … expression 'Central Government' were substituted)'40. The term 'State Government' has not been defined in the Code ofCriminal Procedure. Section 17 of the Indian Penal Code defines the term'Government' denotes Central Government or the Government of a State. Thedefinition … the petitioner for alleged offences under Sections 169 of the Indian Penal Code as well as Section 30 of the Prevention of Corruption Act, alleging

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Aug 20 1996

Tej Prakash S. Dangi and ors. Vs. Coromandal Pharmaceuticals Ltd. and ...

Court : Andhra Pradesh

Decided on : Aug-20-1996

Subject : Company

Acts : Companies Act, 1956 - Sections 2(11), 10, 10(2), 17, 79, 101, 111, 111(4), 111A, 155, 209(4), 283, 391(2) and 398; Companies (Amendment) Act, 1988; Sick Industrial Companies (Special Provisions) Act, 1985; Companies (Court) Rules, 1959 - Rules 9 and 11; Code of Criminal Procedure (CrPC) , 1973 - Sections 482

Reported in : [1997]89CompCas270(AP)

if there are no other proceedings as is being done under the analogous provisions of section 482 of the Criminal Procedure Code, 1973. It was, therefore, submitted that even if there is no specific section under which this petition was … no other proceedings as is being done under the analogous provisions of section 482 of the Criminal Procedure Code, 1973. It was, therefore, submitted that even if there is no specific section under which this petition was … the Companies Act are specifically mentioned in certain sections such as, sections 17, 79, 101, 391(2), 398, etc., some of which have now been assigned

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Nov 07 1985

Chandrakant Bhanudas Labde Vs. Shobhabai Chandrakant Labde and anr.

Court : Mumbai

Decided on : Nov-07-1985

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 125; Code of Civil Procedure (CPC) , 1980 - Order 6, Rule 17

Reported in : 1986(3)BomCR12

wife from the husband under section 125 of the Criminal Procedure Code, 1973. That was an absolutely essential ingredient that was to be alleged, enquired … good case for the wife, there was absolutely no allegation in her application filed under section 125 of the Criminal Procedure Code, that she was unable to maintain herself. Not a word was stated by herself in this respect or … by the petitioner Chandrakant Bhanudas Labde for invoking the jurisdiction of this Court under section 401 of the Code of Criminal Procedure to set aside the order passed by the learned Judicial Magistrate, First Class, Shrirampur, dated … amendment of any pleadings as is provided for under Order VI, Rule 17 of the Code of Civil Procedure. One of the reasons for the

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Mar 07 2001

Ashok Kumar Kirtiwar and Another Vs. State of M.P.

Court : Madhya Pradesh

Decided on : Mar-07-2001

Subject : Criminal

Acts : Prevention of Corruption Act, 1988 - Sections 17; Madhya Pradesh Special Police Establishment Act, 1947 - Sections 3 and 4; Delhi Special Police Establishment Act, 1946; Code of Criminal Procedure (CrPC) , 1973 - Sections 2 and 156; Code of Criminal Procedure (CrPC) (Amendment) Act, 1974 - Sections 8(1)

Reported in : 2001CriLJ2785; 2001(3)MPHT286; 2001(2)MPLJ264

authorised to investigate.-- Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), no police officer below the rank,-- (a) in the … State Police Affairs and is so notified by the State Government under Section 2(s) of the Code of Criminal Procedure, pointed out the counsel. He further placed on record the Government Notification issued under the First proviso to … is so notified by the State Government under Section 2(s) of the Code of Criminal Procedure, pointed out the counsel. He further placed on record … and corruption committed by the employees of the Central Government posted in Madhya Pradesh. He submitted that under Section 17 of the Prevention of Corruption Act, 1988 (for short, 'P.C. Act, 1988'), police officers of a particular rank

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Mar 01 1979

Bajirao Raghoba Tambre Vs. Tolanbai (Miss) D/O Bhagwan Toge and anr.

Court : Mumbai

Decided on : Mar-01-1979

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 125; Hindu Marriage Act, 1955 - Sections 5, 11, 17, 25 and 25(1); Code of Criminal Procedure (CrPC) , 1898 - Sections 488; Hindu Adoption and Maintenance Act, 1956 - Sections 20(3); Indian Penal Code (IPC), 1860 - Sections 495 and 496; Hindu Law;

Reported in : 1980CriLJ473

of the Constitution of India and also under section 462 of the Code of Criminal Procedure, 1973, raises a question of some importance. The question … relevance to consider the legal position as it obtained prior to the enactment of the new code of 1973. Section 488 of the old Criminal Procedure Code inter alia provided that if any person having sufficient means neglects … claim maintenance under section 488. The Court observed in para 5 as under,---'The scope of section 488 of the Criminal Procedure Code is rather restricted. Its object is to prevent vagrancy of wife or of the legitimate or illegitimate children. … decree for a nullity. The position is also clear from the fact that bigamy is made penal by section 17 of the Hindu Marriage Act which provides that any marriage between two Hindu solemnised after the commencement of

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Feb 13 2008

Sri Pandurang Alias Sathyabodh S/O Bhimarao Laxmeshwar Vs. the State o ...

Court : Karnataka

Decided on : Feb-13-2008

Subject : Criminal

Acts : Prevention of Corruption Act, 1988 - Sections 13(1), 13(2) and 17; Karnataka Lokayukta Act, 1984 - Sections 9; Code of Criminal Procedure (CrPC) , 1973 - Sections 8(1) and 154 to 157

Reported in : 2008CriLJ2507; 2008(5)KarLJ34; 2008(2)KCCR965; 2008(3)AIRKarR266; 2008CriLJ2507; 2008(3)AICLR745

Charge - Section 13 and 17(2) of Prevention of Corruption Act, 1988(Act) and Section 154 to 157 of Criminal Procedure Code, 1973 (Code) - Respondent submitted charge sheet against petitioner for offence under Section 13 of Act - Petitioner … the PC Act and they are reproduced hereunder:17. Persons authorised to investigate - Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), no police officer below the rank-(a) in the owe of the

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May 06 1994

Rafiq Mohd. and anr. Vs. State of Punjab

Court : Punjab and Haryana

Decided on : May-06-1994

Subject : Criminal

Acts : Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 17, 18, 21, 22, 23, 29, 37, 37(2), 61 and 85; General Clauses Act - Sections 10; Official Secrets Act - Sections 3; Defence and Internal Security of India Act, 1971 - Sections 37; Terrorist and Disruptive Activities Prevention Act - Sections 20(7), 20(8) and 20(9); Code of Criminal Procedure (CrPC) , 1973 - Sections 167, 167(2), 436, 437, 438, 439, 439(2) and 482; Defence and Internal Security of India Rules, 1971 - Rules 43 and 184; Indian Penal Code (IPC) - Sections 188;

Reported in : 1994CriLJ3366

obstante clause stating that notwithstanding anything contained in Code of Criminal Procedure, 1973 no person accused of an offence prescribed therein shall be released on … has not put up the challan within 90 days as required under Section 167(2) of the Code of Criminal Procedure. ' Reliance of the learned counsel is upon a decision rendered in Criminal Misc. No. 15789-M of 1993 … the police has not put up the challan within 90 days as required under Section 167(2) of the Code of Criminal Procedure. ' Reliance of the learned counsel is upon a decision rendered in Criminal Misc. No. … true that in this case as well the petitioner was arrested under-Sections 17/22/61/85 of the N.D.P.S. Act. He sought bail on the dint of provisions

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Nov 29 2005

Shri Rohit Mull and Cadbury India Limited, a Company Incorporated Unde ...

Court : Mumbai

Decided on : Nov-29-2005

Subject : CriminalFood Adulteration

Acts : Prevention of Food Adulteration Act, 1954 - Sections 2, 7, 13, 13(2), 13(3), 16 and 17(2); Code of Criminal Procedure (CrPC) , 1973 - Sections 245(2) and 482; Constitution of India - Articles 226 and 227

Reported in : (2006)108BOMLR350

Code - Process issued liable to be quashed Criminal - Process - Issuance of - Section 482 of the Criminal Procedure Code 1973 (Code) - Whether prosecution of the petitioners could be quashed on the ground that they did not … N.A. Britto, J.1. The short point for consideration in these petitions, filed under Section 482 of the Code of Criminal Procedure, 1973, is whether the prosecutions launched by the Food Inspectors against the petitioners should be … petitioner no.1 is a nominee of the said company nominated under Section 17(2) of the Act. Both the petitioners are accused nos. 2 & 1

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Dec 19 2002

Dr. Mahender Singh Dhaiya Vs. State (Cbi)

Court : Delhi

Decided on : Dec-19-2002

Subject : Criminal

Acts : Indian Penal Code (IPC) - Sections 201 and 302; Evidence Act - Sections 6, 11, 17 to 21, 32, 39, 145, 155 and 157; Code of Criminal Procedure (CrPC) , 1973 - Sections 162, 164, 313 and 342; Indian Law;

Reported in : 2003CriLJ1908; 102(2003)DLT592; 2003(66)DRJ616

of the prosecution mostly rests on certain admissions made by the appellants in his examination under Section 313 Criminal Procedure Code rather than standing on its own legs by producing cogent and reliable evidence to prove its case against … Indian Orthopedic Surgeon stands convicted for the offences punishable under Sections 302 and 201 of the Indian Penal Code for having committed the murder of his wife Namita, a British National of Indian origin on the interveining … Sonepat, Haryana. He obtained his MBBS degree from Punjab University, Rohtak in 1973 and M.S. Degree in (Orthopaedic) from A.I.I.M.S., New Delhi in December 1978. … been used in a number of sections of the Act, viz. Sections 17 to 21, 32, 39, 145 in its primary meaning of 'something' that

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Jan 25 2001

Shri Vinod Vithal Rane Vs. Shri R.H. Mendonca and ors.

Court : Mumbai

Decided on : Jan-25-2001

Subject : Criminal

Acts : Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons Act, 1981 - Sections 3(1), 5-A and 55; Code of Criminal Procedure (CrPC) , 1973 - Sections 55, 57, 107, 109, 110, 149 and 151; Bombay Police Act, 1951 - Sections 56; Constitution of India - Articles 22 and 226; Maharashtra Prevention of Communal, Anti-Social and Other Dangerous Activites Act, 1980; National Security Act, 1980 - Sections 17; Maharashtra Amendment Act, 1996; Terrorist And Disruptive Activities (Prevention) Act, 1985; Indian Penal Code (IPC), 1860 - Sections 379 and 425; Explosive Substances Act, 1908 - Sections 2; Arms Act, 1959; Drugs and Cosmetics Act, 1940; Dangerous Drugs Act, 1930

Reported in : 2001BomCR(Cri)537; (2001)2BOMLR307; 2001(2)MhLj437

record to show as to whether action under Chapter VIII of the Code of Criminal Procedure, 1973 for keeping peace was initiated against the detenu; … It is further contended that the Detaining Authority having failed to take any action under the provisions of the Criminal Procedure Code and Bombay Police Act, whose impact/ effect is cf lesser evil or minimal with reference to the deprivation … came to be enacted subsequently, merely excludes the operation of the National Security Act, 1980, by virtue of Section 17 of the said Act, but does not specifically exclude the provisions of the Act 7 of 1981. Besides,

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