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State of Kerala Vs. Orison J Francis and anr.
Supreme Court of India
Nov-04-2008
Criminal
Drugs and Cosmetics Act, 1940 - Sections 3, 18, 21, 27, 33G and 33M; Code of Criminal Procedure (CrPC) , 1973 - Sections 155(2), 156(1) and 482; Constitution of India - Article 226
2008(57)BLJR232; 2008(232)ELT11(SC); [2009(1)JCR183(SC)]; JT2008(12)SC101; (2009)2SCC160
of proceedings - Inherent powers of High Court - Section 482 of the Code of Criminal Procedure, 1973 (CrPC, 1973) - Sections 18(c) , 27(b)(ii) of the Drugs and Cosmetics Act, 1940 - Complaint filed alleging commission of … were arrayed as accused persons Nos. 1 to 3. A petition under Section 482 of the Code of Criminal Procedure, 1973 (in short the `Code') was filed by the accused No. 1 and 3 who are respondents 1
Tag this Judgment! AI Brief & AskState Through S.P., New Delhi Vs. Ratan Lal Arora
Supreme Court of India
Apr-26-2004
Criminal
Prevention of Corruption Act, 1988 - Sections 1(3), 7, 13, 13(1), 13(2), 19, 28 and 40; Code of Criminal Procedure (CrPC) , 1973 - Sections 360; Prevention of Corruption Act, 1947 - Sections 5(2); Probation of Offenders Act, 1958 - Sections 18 and 19; General Clauses Act, 1897 - Sections 8; Constitution of India - Article 136; Code of Criminal Procedure (CrPC) , 1898 - Sections 562; Reformatory Schools Act, 1897 - Sections 31; Customs Act, 1962; Customs Act, 1878; Central Excise Act, 1944 - Sections 12; Indian Mines Act, 1923 - Sections 2; Indian Mines Act, 1952 - Sections 2; Defence of India Rules - Rule 126P(2); Defence of India Act, 1962 - Sections 43; Coal Mines Provident Fund and Bonus Schemes Act, 1948
AIR2004SC2364; 2004(1)ALD(Cri)1011; (2005)1CALLT24(SC); 2004CriLJ2105; 111(2004)DLT250(SC); JT2004(5)SC352; 2004(5)SCALE67; (2004)4SCC590; 2004(3)SLJ331(SC)
period of sentence. Criminal - Prevention of Corruption Act, 1988 - Sections 7, 13, 13(1), 13(2), 19 - Criminal Procedure Code (CrPC), 1973 - Section 360; Prevention of Corruption Act, 1947 - Section 5(2); Probation of Offenders Act, 1958 - Sections … of the Code has been rightly applied by the High Court by taking note of the extenuating circumstances. Section 18 of the Probation Act stipulated that the Act was inapplicable to offences under the Old Act. Specific reference
Tag this Judgment! AI Brief & AskA.N. Roy, Commissioner of Police and anr. Vs. Suresh Sham Singh
Supreme Court of India
Jul-04-2006
Criminal
Immoral Traffic (Prevention) Act, 1956 - Sections 18 and 20; Code of Criminal Procedure (CrPC) , 1973 - Sections 20, 20(1), 20(2) and 20(5); Constitution of India - Articles 23 and 35
AIR2006SC2677; 2006CriLJ3614; JT2006(6)SC89; 2006(6)MhLj577; 2006(6)SCALE446; (2006)5SCC745; 2006(2)LC917(SC)
powers conferred by Sub-section (5) read with Sub-sections (1) and (2) of Section 20 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) and of all other powers enabling it in that behalf.The powers … (5) read with Sub-sections (1) and (2) of Section 20 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) and of … preventive steps to curb the menace, which has achieved desired results.5. On 1.4.2004 the show cause notice under Section 18 Clause (1) of the Act was issued. On 15.4.2004 the respondent herein replied to the show cause notice.
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Chikkappa and ors. Vs. State by Sub-inspector of Police, Hangal Police ...
Karnataka
Oct-19-2001
Criminal
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Sections 2(1), 3, 3(1) and 18; Indian Penal Code (IPC), 1860 - Sections 143, 147, 149, 323, 430, 447, 504 and 506; Code of Criminal Procedure (CrPC) , 1973 - Sections 437, 438, 439, 439(2) and 482; Constitution of India - Articles 14 and 21; Civil Rights Act
2002CriLJ518; ILR2001KAR5483; 2002(1)KarLJ61
should be exercised'. In the light of this recommendation, Section 438 was incorporated, for the first time, in the Criminal Procedure Code of 1973. Looking to the cautious recommendation of the Law Commission, the power to grant anticipatory bail is … the provisions of Sections 438 and 439 have been incorporated in the Code of Criminal Procedure, whereunder the Courts can go into the question of … respondent-State submitted that the petition under Section 439 of the Cr. P.C. Itself is barred in view of Section 18 of the Act and as such the petition is liable to be rejected as not maintainable one. In
Tag this Judgment! AI Brief & AskShakamuri Apparao and ors. Vs. Government of Andhra Pradesh and ors.
Andhra Pradesh
Jul-01-1996
Criminal
Constitution of India - Articles 14, 19, 21 and 226; Indian Penal Code (IPC), 1860 - Sections 120B, 121, 122 and 123; Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 156(3), 161, 173, 190, 190(1), 193, 200 and 202; ;Arms Act - Sections 25 and 27; Terrorist and Disruptive Activities (Prevention) Act, 1987 - Sections 2, 3, 3(1), 4, 5, 6, 14, 18, 20A and 20A(2)
1996(3)ALD493; 1996(2)ALD(Cri)273; 1996(2)ALT432; 1996CriLJ3936
of the TADA Act and they are liable to be prosecuted only in accordance with the provisions of the Criminal Procedure Code, 1973 for the offences under the penal statutes other than the TADA Act. The Additional Metropolitan Sessions Judge, … Act and Sections 120-B, 121, 122 and 123 of the Indian Penal Code. 2. The Inspector of Police, Sanjeeva Reddy Nagar Police Station on 11-2-1993 … a Court to take cognizance of an offence under the TADA Act. The third stage is found in Section 18 under which after taking cognizance of an offence, if a Designated Court is of the opinion that the
Tag this Judgment! AI Brief & AskMohamed Enshael Vs. Shri K.P. Gundecha, Superintendent Customs (P) and
Mumbai
Feb-10-2003
Criminal
Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 18, 35, 54, 67; Code of Criminal Procedure (CrPC) , 1973 - Sections 313; Evidence Act, 1872 - Sections, 134, 154 and 155
2004(1)BomCR465
him to explain his innocence. He submitted that retraction at the time of examination under Section 313 of Criminal Procedure Code, 1973 (hereinafter referred to as the Code for convenience), cannot be taken to be sufficient enough to brush … retraction at the time of examination under Section 313 of Criminal Procedure Code, 1973 (hereinafter referred to as the Code for convenience), cannot be taken … No. 5 of 1996 wherein he convicted the appellant for committing the offence punishable under the provisions of Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act for convenience). The
Tag this Judgment! AI Brief & AskState of U.P. and anr. Vs. Lalloo Singh
Supreme Court of India
Jul-20-2007
Criminal
Wild Life (Protection) Act, 1972 - Sections 18, 39, 39(1), 50, 50(1), 50(2), 50(3) and 50(4); Code of Criminal Procedure (CrPC) , 1973 - Sections 451 and 457
2007(9)SCALE291; 2007(7)SCC334; (2007)3SCC(Cri)353; (2007)3Crimes224(SC); 2007LawHerald(SC)2328
'Act'). Connected issues relate to the scope for exercise of jurisdiction under Section 457 of the Code of Criminal Procedure, 1973 (in short the 'Code').2. Background facts in a nutshell are as follows:One Hoshiyar Singh, the brother of … to the scope for exercise of jurisdiction under Section 457 of the Code of Criminal Procedure, 1973 (in short the 'Code').2. Background facts in a … a tractor trolley being dug and loaded from the bed of Jamuna river, within the sanctuary declared under Section 18 of the Act. The Forest Authorities intercepted the tractor trolley, arrested Hoshiyar Singh and seized the tractor trolley
Tag this Judgment! AI Brief & AskSanjay Kumar Giri Vs. State of M.P.
Madhya Pradesh
Dec-21-1999
CriminalNarcotics
Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 4, 20, 20(1), 36A and 37; Code of Criminal Procedure (CrPC) , 1973 - Sections 437(2) and 439; Juvenile Justice Act, 1986 - Sections 8, 18 and 18(1)
2000CriLJ1918; 2000(1)MPLJ507
that statute cost a mandate on the Court to admit the juvenile to bail notwithstanding anything contained in the Criminal Procedure Code, 1973 or any other law for the time being in force. The Juvenile Justice Act came into force … provisions of Juvenile Justice Act, 1986 and under Section 437(2) of the Code of Criminal Procedure (hereinafter referred to as 'the Code').3. It was put … he would not get the benefit of a juvenile. In this context it is apposite to refer to Section 18 of the Juvenile Justice Act which deals with the bails and custody of juveniles. It reads as under
Tag this Judgment! AI Brief & AskK. Mallesham Vs. State of A.P.
Andhra Pradesh
Aug-10-1998
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 436, 437 and 438; Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Sections 3 and 18; Indian Penal Code (IPC), 1860 - Sections 306
1998(5)ALD120; 1998(2)ALD(Cri)562; 1998(2)ALT(Cri)395; 1999CriLJ324
ORDER1. This is an application under Section 438 of the Code of Criminal Procedure, 1973, to direct release of the petitioner (A-1) on bail, in the event of his arrest, in connection … ORDER1. This is an application under Section 438 of the Code of Criminal Procedure, 1973, to direct release of the petitioner (A-1) on … (forshort 'the Code') is not maintainable, since application of Section 438 of the Code is expressly barred by Section 18 of the Prevention of Atrocities Act. It is contended by the leanied Addl. Public Prosecutor that a case
Tag this Judgment! AI Brief & AskNiranjan Singh Karam Singh Punjabi and ors. Vs. Jitendra Bhimraj Bijja ...
Supreme Court of India
Aug-07-1990
Criminal
Indian Penal Code (IPC), 1860 - Sections 147, 148, 149, 302 and 307; Bombay Police Act, 1951 - Sections 37; Code of Criminal Procedure (CrPC) , 1973 - Sections 225 to 235; Terrorist and Disruptive Activities (Prevention) Act, 1987 - Sections 2, 3(1), 4, 9, 11, 12 (1), 14, 16, 17, 18, 20 (1), 21, 22 and 28
AIR1990SC1962; 1990CriLJ1869; JT1990(3)SC408; 1990(2)SCALE193; (1990)4SCC76; [1990]3SCR633
of the Act had no application and discharged the accused on that count under Section 227 of the CrPC, 1973 (hereinafter called 'the Code'). By the said impugned order of 27th October, 1989 the case was ordered to … murder of one Raju alias Avtar Singh, son of the appellant of Criminal Appeal No. 703/89, and for injuries caused to his companion Keshav Vitthal, … the offence is connected with such other offence.Section 14 sets out the procedure and powers of Designated Courts. Sub-section 3 of the Section 14 is … a Court of Sessions.Section 16 offers protection to witnesses. Section 17 gives precedence to trials by Designated Courts. Section 18 empowers the Designated Courts to transfer cases to regular Courts. This Section reads as under:Where, after taking cognizance
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