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Sep 27 1979

Kiran Arora Vs. Ram Parkash Arora and anr.

Court : Delhi

Decided on : Sep-27-1979

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 195(1); Code of Criminal Procedure (CrPC) , 1898 - Sections 195(1); Indian Penal code, 1860 - Sections 193; Succession Act, 1925 - Sections 276

Reported in : AIR1980Delhi99; ILR1980Delhi61

was filed by Kiran Arora on 10th January 1978. It is an application under Section 340 of the Code of Criminal Procedure 1973, in which she asks the court to make a complaint against Ram Parkash Arora … is so advised.(23) Lastly, it was contended that a complaint could not be filed under Section 340 of the Criminal Procedure Code in respect of a document forged before any proceeding was pending or the person who had committed the … based on a misunderstanding of (F.B.I. That case sought to reconcile Section 195(l)(c) with Section, 476 in the Code of Criminal Procedure 1898. The power

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Dec 16 1999

Keshab Narayan Banerjee and ors. Vs. the State of Bihar

Court : Supreme Court of India

Decided on : Dec-16-1999

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 195(1), 463, 471, 475 and 476; Bihar Land Reforms Act, 1950 - Sections 23, 35 and 40; Indian Penal Code (IPC) - Sections 120B, 420, 467, 468, 471, 477 and 482; Prevention of Corruption Act, 1947 - Sections 5; Bihar Land Reforms Rules, 1963, Rule 15; Code of Civil Procedure (CPC) - Sections 38 - Rule 33

Reported in : AIR2000SC485; 2000(1)ALD(Cri)208; 2000CriLJ595; JT1999(10)SC37; RLW2000(1)SC61; 1999(7)SCALE520; (2000)1SCC607; [1999]Supp5SCR394; 2000(1)LC180(SC)

dismissed. The limited interim stay granted by this Court stands vacated. Civil - compensation - Section 195 of Criminal Procedure Code, 1973 and Section 26 of Bihar Land Reforms Act, 1950 - whether compensation officer appointed under Act of … under the Bihar Land Reforms Act, 1950 is a 'Court' within the meaning of Section 195(1)(b) of the CrPC, 1973. The High Court held that Compensation Officer is not a Court and dismissed Criminal Miscellaneous Application No. 4073

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Oct 21 1993

Kishan S/O Hanmantrao Bhosale Vs. the State of Maharashtra and anr.

Court : Mumbai

Decided on : Oct-21-1993

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 195(1)

Reported in : 1994(3)BomCR555

N.P. Chapalgaonker, J.1. This application raises a question about the scope of section 195 of the Code of Criminal Procedure, 1973. The question is whether bar created by section 195 would apply when offence is … of the Indian Penal Code will not circumscribe amplitude of term 'Court' as used in section 195 of Criminal Procedure Code and was pleased to hold that expression 'Court' is not restricted to Courts Civil, Revenue or Criminal; it

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Apr 07 1995

Mrs. Kumudesh Bhandari Vs. Ms. Gopika Tapuriah and anr.

Court : Mumbai

Decided on : Apr-07-1995

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 500; Code of Criminal Procedure (CrPC) , 1973 - Sections 195 and 482

Reported in : 1995(3)BomCR534

for giving false evidence. The Court before which false evidence was given can proceed under section 195 of the Criminal Procedure Code (hereinafter 'the Code') and direct filing of a complaint in conformity with section 340 of the Code. Learned … made in the affidavit led to the filing of a complaint under section 500 of the Indian Penal Code against the petitioner; paras 4 and 5 of the complaint read thus :- '4. I say that the … 'the respondent') was married to Gautam Thakkar at Lucknow on February 25, 1973; that from this wedlock three children were born, namely Gaurav, Kunal and

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Jun 13 1991

G.S.R. Krishnamurthi Vs. M. Govindaswamy, Income-tax Officer

Court : Chennai

Decided on : Jun-13-1991

Subject : Direct Taxation

Acts : 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

Reported in : (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

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Jul 04 2000

Subhash Ramchandra Durge Vs. Deepak Annasaheb Gat and anr.

Court : Mumbai

Decided on : Jul-04-2000

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 34 and 211; Code of Criminal Procedure (CrPC) , 1973 - Sections 195(1) and 250

Reported in : 2001(5)BomCR235; 2000CriLJ4774

No. 179 of 1994 is hereby quashed. Rule made absolute. Interim order dated 2-12-1994 is hereby vacated.Petition allowed. Criminal Procedure Code, 1973 - Section 195(1)(b)(i) - Cognizance of offence - Complaint under Section 211 of the Indian Penal Code, … the private complaint filed by respondent No. 2 Ramesh Annasaheb Gat, under section 211 of the Indian Penal Code and issued process against the petitioner.2. Few facts, which are required to be stated, are as follows :The

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Sep 03 2007

C.L. Manchanda Vs. State and anr.

Court : Delhi

Decided on : Sep-03-2007

Subject : CriminalProperty

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 195(1), 340 and 482; Indian Penal Code (IPC) - Sections 120B, 172 to 188, 193 to 196, 199, 200, 205 to 211, 228, 419, 420, 463, 467, 468, 471, 475 and 476

Reported in : 2008CriLJ1660; 2007(98)DRJ409

by the learned ACMM is perfectly correct and calls for no interference.19. Petition is accordingly dismissed.20. No costs. Criminal Procedure Code, 1973Section 482 - Inherent power of High Court--Seeking to recall the order passed by Ld. ACMM--On basis of … learned ACMM, Delhi cannot take cognizance of the complaint in view of the bar contained under Section 195(1)(b)(ii), CrPC 1973. That in view of Section 195(1)(b)(ii) read with Section 340, CrPC, 1973, no court other than the court

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Jul 14 2000

Dilip Kumar J. JaIn Vs. State of Maharashtra and anr.

Court : Mumbai

Decided on : Jul-14-2000

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 156(3), 195 and 203; Negotiable Instruments Act, 1881 - Sections 138

Reported in : 2001(5)BomCR223; 2001CriLJ7

offence - Private complaint under Sections 193, 471 of the Indian Penal Code, 1860 r/w Section 195 of the Criminal Procedure Code - Production of a copy and not in original of the forged document before the Court - Bar … had dismissed the complainant's complaint, which he had filed under sections 193 and 471 of the Indian Penal Code read with section 195 of the Code of Criminal Procedure, 1973.2. Few facts, which are required to be

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Mar 11 2005

iqbal Singh Marwah and anr. Vs. Meenakshi Marwah and anr.

Court : Supreme Court of India

Decided on : Mar-11-2005

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 190, 195, 195(1), 195(4), 340, 340(1), 341, 343(2) and 482; Indian Penal Code (IPC), 1860 - Sections 120B, 172 to 188, 192, 193 to 196, 199, 200, 205 to 211, 420, 446, 463, 464, 465, 467, 468, 469, 471, 475, 476, 499 and 500; Code of Criminal Procedure (CrPC) , 1908 - Sections 195, 195(1), 476 and 476A; Finance Act, 1972

Reported in : AIR2005SC2119; 2005(1)ALD(Cri)717; 2005CriLJ2161; 118(2005)DLT329(SC); JT2005(3)SC195; 2005(3)MhLj530; 2005(II)OLR(SC)102; (2005)4SCC370; 2005(1)LC675(SC); [2005] 2 SCR 708

reasons already discussed, the appeals lack merit and are hereby dismissed. Criminal - construction - Section 195 of Criminal Procedure Code, 1973 and Sections 192, 193, 463, 464, 471, 475 and 476 of Indian Penal Code, 1860 - appellant … and Sachida Nand Singh v. State of Bihar 1998 (2) SCC 493, regarding interpretation of Section 195(1)(b)(ii) of Code of Criminal Procedure 1973 (for short 'Cr.P.C.'), this appeal has been placed before the present Bench.3. The facts

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Oct 22 2007

Dr. C.S. Nagalakshmamma Vs. State of Karnataka

Court : Karnataka

Decided on : Oct-22-2007

Subject : CriminalMotor Vehicles

Acts : Indian Penal Code (IPC), 1860 - Sections 34, 120B, 209, 279, 304A, 337, 338, 465, 466, 468, 471, 420, 482 and 511; Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 173, 195, 195(1) and 340

Reported in : 2008(2)KarLJ301; 2008(1)KCCR36; 2008(1)AIRKarR150; 2008CriLJNOC333

which is a clear abuse of process of law. It is further contended that under Section 195 of the Criminal Procedure Code, 1973, to take the cognizance pertaining to the false and fabricated documents given in evidence in the judicial … offences punishable under Sections 465, 468, 471, 420, 209, 120-B and 511 read with Section 34 Indian Penal Code, 1860. The allegation made by the complainant-KSRTC is that on 3-7-2002 a road traffic accident occurred within the

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