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Nana S/O Narayan Shinde and ors. Vs. State of Maharashtra and anr.
Mumbai
May-05-2000
Criminal
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Sections 2(1), 3, 3(1) and 14; Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 4, 4(1), 4(2), 193 and 482; Indian Penal Code (IPC) - Sections 34, 323, 504 and 506
2000CriLJ4778
trial is not defined in Section 2 of the Criminal Procedure Code, 1973. However, Enquiry is defined in Section 2(g) of the Criminal Procedure Code, … straight way take cognizance of the offences under the aforesaid Act and proceed with the trial unaffected by Section 193 of the Criminal Procedure Code. The correctness of the decision in this case has been doubted later on … inherent powers of the High Court under Section 482 of Criminal Procedure Code for quashment of the order dated 17-12-1999 passed by the learned Judicial … result, the petitioners have prayed for quashment of the order of issue of process under Section 482 of the Criminal Procedure Code.6. The learned Advocate Shri Talekar for the petitioners vehemently submitted before me that the Special Courts are constituted
Tag this Judgment! AI Brief & AskState of Karnataka Vs. Nagappa
Karnataka
Mar-17-1995
Criminal
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Sections 2, 3, 6, 14 and 20; Code of Criminal Procedure (CrPC) , 1973 - Sections 4, 4(1), 4(2), 5, 26, 193, 220 and 220(3); Indian Penal Code
ILR1995KAR1361; 1995(2)KarLJ28
made an application under Section 216 of the Code of Criminal Procedure, 1973 ('the Code' for short), on the ground that the Special Court had … specifically says that a Special Judge in trial of offences before him, shall follow the procedure prescribed in the Criminal Procedure Code for trial of warrant cases by Magistrates. The provisions for trial of warrant cases by the Magistrates are … could try, were the offences under the Act.10. He reasoned that having regard to the provisions contained in Section 193 of the Code, the Special Court could not take cognizance of the offences punishable under Sections 312 and … under Sections 312, 376 read with Section 511 of the Indian Penal Code and under Sections 3(1)(xii) and 3(2)(v) of the Act by omitting the
Tag this Judgment! AI Brief & AskA.R. Antulay Vs. Ramdas Sriniwas Nayak and anr.
Supreme Court of India
Feb-16-1984
Criminal
Criminal Law (Amendment) Act, 1952 - Sections 6, 6(1), 8, 8(1), 8(3) and 9; Code of Criminal Procedure (CrPC) , 1973 - Sections 24, 190, 193, 200, 202, 202(2), 225, 238 to 250, 252 to 258 and 321; Prevention of Corruption Act, 1947 - Sections 5A
AIR1984SC718; (1984)86BOMLR228; 1984CriLJ647; 1984(1)Crimes547(SC); 1984(1)SCALE239; (1984)2SCC500; [1984]2SCR914; AIR 1984 SC 7187
not for satisfying private lust or sense of vengennce. Proceeding along, it was stated that the scheme of Criminal Procedure Code clearly shows that serious offences are exclusively triable by a Court of Sessions and that even if a … police officer of a certain rank, what would have been the position in law.9. Chapter XII of the CrPC, 1973 bears the heading 'Information to the police and their powers to investigate.' Section 154 provides for information to … appears before him, that he is entitled to have the case inquired into or tried by another Magistrate, Section 193 provides that 'except as otherwise expressly provided in the Code or by any other law for the time
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P.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
them under Section 193 of the Indian Penal Code. Shailender Mahto of the J.M.M., it may be … 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 … for the purpose of being used in any stage of judicial proceedings and thereby committed an offence Under Section 193 IPC and within my cognizance.Similar charges were framed against the other alleged bribe takers of the J.M.M. Similar
Tag this Judgment! AI Brief & AskMoly and anr. Vs. State of Kerala
Supreme Court of India
Mar-23-2004
Criminal
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Sections 3(1) and 14; Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 2(1), 4(2), 5, 193 and 227
AIR2004SC1890; 2004(4)ALT77(SC); 2004CriLJ1812; (2004)3GLR2270; JT2004(4)SC1; RLW2004(2)SC238; 2004(3)SCALE503; (2004)4SCC584
in accordance with law.19. With the aforesaid directions and observations the appeals are finally disposed of. Criminal - Criminal Procedure Code (CrPC), 1973 - Section 193 - Cognizance of offences by Courts of Session - Powers and jurisdiction of - Prosecution
Tag this Judgment! AI Brief & AskRajathi Vs. State
Chennai
Apr-03-2001
Company
Tamil Nadu Protection of Interests of Depositors in Financial Establishment Act, 1997 - Sections 5, 6(3), 13, 13(1) and 13(2); Indian Penal Code (IPC), 1860 - Sections 5, 120B, 409 and 420; Code of Criminal Procedure (CrPC) , 1973 - Sections 193 and 239
[2002]108CompCas262(Mad)
Act, 1997, Sections 5, 120B, 409 and 420 of Indian Penal Code and Sections 193 and 239 of Criminal Procedure Code, 1973 - petition under Section 239 to discharge petitioners from case - Court below viewed all accused conspired … 1-3-1999.2. The case in brief is as follows :The petitioners filed a petition under Section 239 of the Code of Criminal Procedure, 1973, to discharge them from the case. Act No. 44 of 1997 came into force
Tag this Judgment! AI Brief & AskHarjinder Singh Vs. State of Punjab and ors.
Supreme Court of India
Dec-21-1984
Criminal
Constitution of India - Article 20 and 20(2); Code of Criminal Procedure (CrPC) , 1973 - Sections 173, 193, 221(1), 223, 300 and 482; Indian Penal Code (IPC), 1860 - Sections 120-B, 148, 149, 302, 307, 342 and 440
AIR1985SC404; 1986CriLJ831; (1985)87PLR103; 1984(2)SCALE996; (1985)1SCC422
as evidence in the other.2. The short point involved in this appeal is whether under Section 223 of the Criminal Procedure Code, 1973 it is permissible for the Court to club and consolidate the case on a police challan and … remembered that the Court takes cognizance of the offence and not the offender. The Court of Sessions under Section 193 of the CrPC takes cognizance of the offence upon the committal of the case relating to that offence
Tag this Judgment! AI Brief & AskG.S.R. Krishnamurthi Vs. M. Govindaswamy, Income-tax Officer
Chennai
Jun-13-1991
Direct Taxation
Income Tax Act, 1961 - Sections 72(3), 132, 132(4), 136, 139, 142, 143, 148, 269A, 269F, 269-I, 269P(1), 269S, 269AB, 271, 271(1), 271(4A), 273A, 275A, 276, 276A, 276B, 276C, 276C(1), 276D, 276E, 276AA, 276CC, 276DD, 277, 278, 278A, 278C, 279, 279(1) and 279(1A); Indian Penal Code (IPC), 1860 - 34, 37, 109, 120B, 193, 196 and 420; Code of Criminal Procedure (CrPC) , 1973 - Sections 195; General Clauses Act, 1897 - Sections 26; Finance Act, 1985
(1992)104CTR(Mad)143; [1992]195ITR137(Mad)
for all practical purposes, is to be construed as a 'court' within the meaning of section 195 of the Criminal Procedure Code. Once this position is reached, it goes without saying that the offences falling under section 193 and 196 … within the embargo of section 195(1)(b)(i) of the Code of Criminal Procedure, 1973, in as much as the complaint had been launched by an authority … Prosecution--PREJUDICE TO ACCUSED--Simultaneous prosecution under IT Act and IPC--Same transaction--Permissible--No prejudice caused to accused. Prosecution--COMPLIANCE WITH S. 195(1)(b)(i), CrPC--Form 37G filed stating false consideration--In anticipation and in relation to assessment proceedings--Complaint under ss. 193 and 196, IPC
Tag this Judgment! AI Brief & AskVidyadharan Vs. State of Kerala
Supreme Court of India
Nov-14-2003
Criminal
Indian Penal Code (IPC), 1860 - Sections 354, 441 and 448; Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 - Sections 3(1) and 14; Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 2(1), 4(2), 5 and 193
2003(2)ALD(Cri)1019; 2004(1)BLJR497; 2004CriLJ605; JT2003(9)SC89; 2004(1)KLT105(SC); 2004(2)MhLj596; 2004MPLJ251(SC); 2004(I)OLR11; 2003(9)SCALE581; (2004)1SCC215
448 - Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 - Sections 3(1) and 14 - Criminal Procedure Code (CrPC), 1973 - Sections 2, 2(1), 4(2), 5 and 193 - It is seen that though there were some delay … case being committed to him. If the Special court is a Court of Session, the interdict contained in Section 193 of the Code of Criminal Procedure, 1973 (for short the 'Code') would stand in the way. It reads
Tag this Judgment! AI Brief & AskManimalan Vs. K. Subrayan
Chennai
Apr-19-2004
CivilConsumer
Consumer Protection Act, 1986; ;Code of Civil Procedure (CPC) , 1908 - Sections 193 and 228; ;Code of Criminal Procedure (CrPC) , 1973; Constitution of India - Article 227
AIR2004Mad446; (2004)3MLJ80
Civil - amendment - Consumer Protection Act, 1986, Sections 193 and 228 of Code of Civil Procedure, 1908, Criminal Procedure Code, 1973 and Article 227 of Constitution of India - respondent preferred complaint before District Consumer Disputes Redressal Forum … 13 of the Act prescribed certain procedures. Sub Clause(4) and (5) of Section 13 states that Civil Procedure Code, 1908 (5 of 908), would be applicable as far as certain matters are concerned which are,13. Procedure on
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