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Jun 26 1979

State of Maharashtra Vs. Tanaji Bajirao Bhosale and ors.

Court : Mumbai

Decided on : Jun-26-1979

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 190(1) and 191; Indian Penal Code (IPC) - Sections 34, 341, 431 and 447

Reported in : 1980MhLJ49

J.:1. This appeal raises a question of law regarding the two scopes of section 190 and 191 of the Criminal Procedure Code. The question arises on the following facts which are in dispute :On January 10, 1974, the Judicial Magistrate, … raises a question of law regarding the two scopes of section 190 and 191 of the Criminal Procedure Code. The question arises on the following facts which are in dispute :On January 10, 1974, the Judicial Magistrate, … the respondents. In the charge-sheet it was mentioned that between April 23, 1973, and June 12, 1973 the accused demolished the public road of 420

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Feb 10 2009

Bses Rajdhani Power Ltd. and ors. Vs. Ishwar Chand and anr.

Court : Delhi

Decided on : Feb-10-2009

Subject : ElectricityCriminal

Acts : Electricity Act, 2003 - Sections 135 and 150; Code of Criminal Procedure (CrPC) , 1973 - Sections 340, 344 and 482; Code of Criminal Procedure (CrPC) - Sections 476 and 479A; Indian Penal Code (IPC) - Sections 191, 192 and 193; DRC Regulations, 2002 - Regulation 7

Reported in : 160(2009)DLT505; 2009LC(DEL)48

Mool Chand Garg, J.1. This petition has been filed by the petitioner under Section 482 Code of Criminal Procedure, 1973 (Cr.P.C.) for quashing/setting aside of the show cause notice issued by the learned Presiding Officer, Special Electricity … Maharashtra 1963 Supp (1) SCR 501, while discussing Section 476 of CrPC, 1898, which is Section 340 in CrPC, 1973, observed as under:Under Section 476 the action may proceed suo motu or on application while under Section 479A … well settled, as discussed above, that until and unless ingredients of Sections 191/192/193, IPC are satisfied no offence is committed and thus court cannot file

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Sep 30 1994

Mohammod HusseIn Kasau Motiwala Vs. State of Maharashtra and Others

Court : Mumbai

Decided on : Sep-30-1994

Subject : Criminal

Acts : Constitution of India - Articles 20(3) and 226; Indian Penal Code (IPC), 1860 - Sections 191, 193, 199, 211, 391 and 399; Code of Criminal Procedure (CrPC) , 1973 - Sections 395

Reported in : 1995(3)BomCR633; 1995CriLJ2364

of Indian Penal Code, 1860 and Section 395 of Criminal Procedure Code, 1973 - writ sought in nature of mandamus and habeas corpus in matter … prosecute for the offence punishable under Sections 391, 399 and 211, I.P.C. and also under Section 395 of the Criminal Procedure Code. The learned Public Prosecutor relied upon the following judgments in support of his submission about what section should … offence punishable under Sections 391, 399 and 211, I.P.C. and also under Section 395 of the Criminal Procedure Code. The learned Public Prosecutor relied upon the following judgments in support of his submission about what section should … the learned Addl. Public Prosecutor Mr. Mirajkar, this offence falls under Sections 191, 193 r/w. Section 1991 I.P.C. Now, the question is that, is it

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Jul 03 2001

Colonel D.D. Pawar, C-25415-a Vs. Commander Hq Andhra Sub-area, Secund ...

Court : Andhra Pradesh

Decided on : Jul-03-2001

Subject : Service

Acts : Army Act, 1950 - Sections 1, 2, 3, 19, 34 to 70, 71, 80 to 85, 109, 118, 122, 122(1), 122(3), 191(1) and 191(2); Army Rules, 1954 - Rules 14, 22, 22(2), 53, 70 and 177 to 185; Army (Amendment) Act, 1992; Code of Criminal Procedure (CrPC) , 1973 - Sections 469 and 469(1); Companies Act, 1956 - Sections 113, 545 and 621; Protection of Human Rights Act, 1993

Reported in : 2001(5)ALD56; 2001(5)ALT52

(1) of Section 122 of the Army Act is ipsi sima verba with Section 469 of Code of Criminal Procedure, 1973, which reads as under :469. Commencement of period of limitation :--The period of limitation, in relation to … of the Army Act is ipsi sima verba with Section 469 of Code of Criminal Procedure, 1973, which reads as under :469. Commencement of period … defeat the case of the appellants before this Court. We will consider this aspects presently.24. Sub-section (1) of Section 191 of the Act empowers the Central Government, to make rules for the purpose of carrying out the effect

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Nov 10 2006

Mohan Raj Vs. Dimbeswari Saikia and anr.

Court : Supreme Court of India

Decided on : Nov-10-2006

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) (Assam Amendment) Act, 1983 - Sections 2; Code of Criminal Procedure (CrPC) (Assam Repealing) Act, 1986 - Sections 3; Assam General Clauses Act, 1915 - Sections 6; Indian Penal Code (IPC) - Sections 147, 148, 149, 302, 324, 326 and 436; Code of Criminal Procedure (CrPC) , 1973 - Sections 167, 167(1), 173, 190, 191, 192(1), 192(2), 197, 197(3), 197(5), 197(6), 197S, 202, 210, 439 and 439A; General Clauses Act - Sections 6; Code of Criminal Procedure (CrPC) (Assam Amendment) Act, 1984

Reported in : AIR2007SC232; 2007CriLJ52; 2006(11)SCALE330

- On proceedings closed before repeal - Sanction to prosecute public servant - Section 197 (6) (ii) of the Criminal Procedure Code (CrPC) (Assam Amendment) Act, 1984 - Certificate by state government issued that accused was discharging public duty - Amendment … granted.2. Interpretation and application of the provisions of the Criminal Procedure Code, 1973 as amended by the State of Assam by the Code of Criminal … in Sub-section (1) the words 'any Executive Magistrate' were inserted after 'any Magistrate of the first class'. In Section 191 of the Criminal Procedure Code, the reference to 'Chief Judicial Magistrate' in relation to an offence taken cognizance

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Mar 17 1980

Premjit Kaur Vs. Harsinder Singh

Court : Supreme Court of India

Decided on : Mar-17-1980

Subject : Criminal

Acts : Indian Penal Code (IPC), (IPC) 1860 - Sections 191, 192 ; Code Of Criminal Procedure (Cr.P.C), 1973 - Sections 195 (1)(b)(i), 193

Reported in : (1982)2SCC167

[ O. Chinnappa Reddy and; v.D. Tulzapurkar, JJ.] -- Criminal Procedure Code, 1973 - Section 195(1)(b)(i) - Applies in case of offences under Sections 191 … simply because Sections 191 and 192 of the Indian Penal Code are not mentioned in Section 195(1)(b)(i) of the Criminal Procedure Code, sanction for prosecution could not be issued. Obviously, Sections 191 and 192 of the Indian Penal Code, are … of the High Court is clearly erroneous that simply because Sections 191 and 192 of the Indian Penal Code are not mentioned in Section 195(1)(b)(i) of the Criminal Procedure Code, sanction for prosecution could not be issued.

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Dec 05 1995

Arulraj Vs. Judicial Magistrate, Valliyoor

Court : Chennai

Decided on : Dec-05-1995

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 191, 192, 193 and 379; Code of Criminal Procedure (CrPC) , 1973 - Sections 195, 195(3), 340 and 341

Reported in : 1996CriLJ2712; 1996(1)CTC368

Criminal - complaint - Sections 191, 192 and 193 of Indian Penal Code, 1860 and Section 340 of Criminal Procedure Code, 1973 - complaint filed by respondent under Section 340 for offence under Section 192 - two principal conditions … No. IV, Tirunelveli. 2. Facts in brief are : A complaint was filed under S. 340 of the Code of Criminal Procedure, hereinafter referred to (for short) as 'the Code', for an offence under Section 192 of

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Nov 16 1977

K. Karunakaran Vs. T.V. Eachara Warrier and anr.

Court : Supreme Court of India

Decided on : Nov-16-1977

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 340, 340(1), 340(2), 341(1), 476 and 476-B; Code of Criminal Procedure (CrPC) , 1898 - Sections 476 and 476B; Indian Penal Code (IPC), - Sections 34, 191, 193, 323, 324 and 342; Constitution of India - Article 136

Reported in : AIR1978SC290; 1978CriLJ339; 1977(0)KLT981(SC); (1978)1SCC18; [1978]2SCR209

of justice. Section 340 Cr.P.C. with which the chapter opens is the equivalent of the old Section 476, Criminal Procedure Code, 1898. The chapter has undergone one significant change with regard to the [provision of appeal which was there … are not before us, for an offence under Section 193 I.P.C. after making an enquiry under Section 340(1) CrPC, 1973. At the time of granting special leave this Court ordered for impleading the State of Kerala and the … Court to take action. When the Court takes action it is a species of falsehood clearly defined under Section 191 IPC and punishable under Section 193 IPC.16. The High Court after hearing the said application has come to

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Jul 31 2000

Dineshbhai Dhemenrai Vs. State of Gujarat

Court : Gujarat

Decided on : Jul-31-2000

Subject : CriminalNarcotics

Acts : Constitution of India - Articles 14, 19, 20(1), 20(3), 21, 21(2), 22, 22(1), 22A, 31, 32, 39A, 51-A, 71(1), 132(1), 134(1), 136(1) and 226; Code of Criminal Procedure (CrPC) , 1973 - Sections 20, 39-A, 41, 49, 50, 54, 55, 56, 57, 75, 76, 93, 94, 97, 100(4) to (8), 151, 162, 165, 167, 173(7), 191, 207, 208, 218, 228(2), 235(2), 238, 240(2), 243, 248(2), 273, 303, 304, 304(1) and (2), 309, 313, 314, 317, 327, 340, 351, 360, 363, 374, 379, 380, 386, 400, 436, 437, 439 and 479; Indian Penal Code (IPC), 1860 - Sections 303, 304 and 395; Legal Services Authorities Act, 1987 - Sections 12; Narcotics Drugs and Psychotropic Substances Act, 1985 - Sections 20; Poor Persons Defence Act, 1930; Legal Aid and Advice Act; Evidence Act, 1872 - Sections 101-104, 121 to 131, 138, 148, 149 and 165; Probatio

Reported in : (2001)1GLR603

heart and main theme of this Conviction Appeal, on hand.2. In this appeal under Section 374 of the Code of Criminal Procedure, 1973, the appellant-original-accused has assailed the legality and validity of thejudgment and sentence order recorded … well in the Legal Services Authorities Act, 1987, over and above the provisions made in Section 304 of the Criminal Procedure Code, 1973.41. It would be fruitful to mention the steps suggested in England to assist the unaided and unrepresented

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Jul 31 1991

Pitambar Buhan and anr. Vs. State

Court : Orissa

Decided on : Jul-31-1991

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 304; Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 173(2), 190, 190(1), 191, 193 and 204

Reported in : 1992CriLJ645

ORDERA. Pasayat, J.1. What is meant by taking cognizance under the Code of Criminal Procedure, 1973 (in short 'the Code'), and the scope for interference with an order taking cognizance form the subject-matter … ORDERA. Pasayat, J.1. What is meant by taking cognizance under the Code of Criminal Procedure, 1973 (in short 'the Code'), and the scope for … any person other than a police officer, or upon his own knowledge, that such offence has been committed. Section 191 obliges the Magistrate when he takes cognizance of an offence under Clause (c) of Sub-section (1) of Section

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