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Sadanandan Bhadran Vs. Madhavan Sunil Kumar
Supreme Court of India
Aug-28-1998
Criminal
Negotiable Instruments Act, 1881 - Sections 138 and 142; Negotiable Instruments Laws (Amendment) Act, 1988; Code of Civil Procedure (CPC) - Sections 20; Code of Criminal Procedure (CrPC) , 1973;
1998VIAD(SC)357; AIR1998SC3043; 1998(2)ALD(Cri)529; 1998(4)ALLMR(SC)645; 1998(2)ALT(Cri)289; 1999(1)BLJR51; [1998]94CompCas812(SC); (1998)4CompLJ228(SC); 1998CriLJ4066; (1998)6SCC514
to Section 138. (emphasis supplied)8. In a generic and wide sense (as in Section 20 of the Civil Procedure Code, 1908) 'cause of action' means every fact which it is necessary to establish to support a right or … rendered by a learned Single Judge of the Kerala High Court in Criminal Misc. Case No. 1373 of 1991. Facts relevant for disposal of this … within the meaning of Section 142(b) of the Act. Section 142 reads as under:'Notwithstanding anything contained in the CrPC, 1973(a) no court shall take congnizance of any offence punishable Under Section 138 except upon a complaint, in writing,
Tag this Judgment! AI Brief & AskPoonam Chand JaIn and anr. Vs. Fazru
Supreme Court of India
Oct-15-2004
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 20, 200, 203, 204, 204(1), 245, 300, 397(2) and 482
AIR2005SC938; 2004(2)ALD(Cri)1014; 2005CriLJ100; JT2004(9)SC208; 2005(I)OLR(SC)1; (2005)139PLR40; RLW2005(1)SC104; 2004(8)SCALE833; 2004 (13) SCC 269
was, observed.'Therefore, if has not misdirected himself as to the scope of the enquiry made under Section 20, Criminal Procedure Code, and has judicially applied his mind to the material before him and then proceeds to make his order … in this appeal as to the effect of dismissal of a complaint filed under Section 200 of the Code of Criminal Procedure, 1973 (in short the 'Code') and whether second complaint can be filed.2. Brief reference to
Tag this Judgment! AI Brief & AskSuresh H. Rajput Etc. Vs. Bhartiben Pravinbhai Soni and Others Etc.
Supreme Court of India
Nov-28-1995
CriminalFood Adulteration
Prevention of Food Adulteration Act, 1954 - Sections 7, 12, 14A, 16 and 20; Code of Criminal Procedure (CrPC) , 1973 - Sections 197; Constitution of India - Article 142
1996IAD(SC)74; AIR1996SC2883; 1996(1)ALD(Cri)828; 1996CriLJ1621; JT1995(9)SC210; 1995(7)SCALE217; (1996)7SCC199; [1995]Supp5SCR747
1991CriLJ1438 , one of us, (K. Ramaswamy, J.) considered the effect of the sanction under Section 197 of the Criminal Procedure Code at page 268 thus :It is equally well settled that before granting sanction the authority or the appropriate … on merits in favour of the prosecution. On appeal filed by the appellant under Section 378(4) of the CrPC, 1973, the High Court by order dated October 28, 1991 refused leave and confirmed the acquittal. Thus these appeals … indicated that the milk was adulterated. Consequently, the local Health authority on June 7, 1986 granted sanction under Section 20(1) of the Food Adulteration Act, 1954 (for short, 'the Act') for laying the complaint against the respondent. In
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The State of Maharashtra (at the Instance of Shri S.B. Jadhav, Food In ...
Mumbai
Jan-30-2004
CriminalConsumer
Prevention of Food Adulteration Act, 1954 - Sections 11, 13(2), 14A, 16, 17, 20 and 20(1); Prevention of Corruption Act; Evidence Act - Sections 114; Code of Criminal Procedure (CrPC) , 1973 - Sections 100, 100(3), 100(7), 196A and 197; Prevention of Food Adulteration Rules, 1958 - Rule 3; Prevention of Food Adulteration Rules, 1955 - Rules 14, 16 and 16(6)
2004CriLJ2780
Section 20 of the Act was qualitatively same as expression 'Sanction' as would appear in Section 197 of the Criminal Procedure Code, 1973. On that basis, it was contended that the rigours that would apply for a valid Sanction, would … the Act was qualitatively same as expression 'Sanction' as would appear in Section 197 of the Criminal Procedure Code, 1973. On that basis, it was contended that the rigours that would apply for a valid Sanction, would
Tag this Judgment! AI Brief & AskDr. Praveen Bhai Thogadia Vs. State of Karnataka and anr.
Karnataka
Feb-13-2003
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 20, 144, 144(1), 144(5), 144(6) and 482; Constitution of India - Article 19(1)
2003CriLJ1769; ILR2003KAR3175; 2003(3)KarLJ435
by Sub-section (2) of Section 20 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), and in suppression of Government Notification Nos. … and in the extent of its application. There is no general proposition that an order under Section 144, Criminal Procedure Code cannot be passed without taking evidence: see Mst. Jagrupa Kumari v. Chotay Narain Singh, 1936 Cri. L.J. 95 … any order or judgment of any Court or the functionaries under the Code of Criminal Procedure could be made amenable to the scrutiny under Section … jurisdiction to pass the impugned order. In this regard it is necessary to refer to the provisions of Section 20 of the Cr. P.C. The relevant provisions of Sub-sections (1) and (2) of Section 20 of the Cr.
Tag this Judgment! AI Brief & AskState of Maharashtra and ors. Vs. Mohammed Salim Khan and ors.
Supreme Court of India
Nov-22-1990
Criminal
Code of Criminal Procedure (CrPC) 1973 - Sections 20, 21 and 107
(1991)93BOMLR25; 1991(1)Crimes120(SC); 1991(I)OLR(SC)1; 1990(2)SCALE1099; (1991)1SCC550; [1990]Supp3SCR340; 1991(1)LC337(SC)
aside the judgment of the High Court. Criminal - additional power - Section 20, 21 and 107 of Criminal Procedure Code (CrPC ), 1973 - Executive Magistrate given power by Government to deal with offences under Section 107 - power
Tag this Judgment! AI Brief & AskSelvaraj, S/O Gnanadesihan Vs. P. Viswanathan
Chennai
Jul-22-1999
Banking Food Adulteration
Negotiable Instruments Act, 1881 -- Sections 138 and 142; Code of Civil Procedure (CPC), 1908 -- Sections 29, 167(2), and 325(1); Banking Public Financial Institution and Negotiable Instruments Laws (Amended) Act, 1988 (Act 66 of 1988) -- Sections 139, 140, 141 and 142; Code of Criminal Procedure (CrPC) , 1973 -- Sections 25, 26, 190, 200, 207, 262 to 265, 347, 372 to 379 and 468(1); Supreme Court Advocates (Practice in High Courts) Act, 1951 -- Sections 2; Indian Bar Councils Act, 1926 -- Sections 4(2) and 8(1), 9(4), 14(3) and 15; Narcotic Drugs and Psychotropic Substances Act, 1988 -- Sections 20, 27, 36-A, 37 and 51; Criminal Justice Act, 1948 -- Sections 23; Special Court Act, 1982 -- Sections 11(1); Constitution of India, Articles 132, 133, 134 and 136; Preventio
1999(2)ALD(Cri)438; 1999CriLJ4766; 1999(2)CTC652
of fine than the limit spelt out from the relevant provision regarding the powers of such Magistrate under the Criminal Procedure Code, 1973 in respect of the offence under Section 138 of the Negotiable Instruments Act, 1881.'2. The following factual … relevant provision regarding the powers of such Magistrate under the Criminal Procedure Code, 1973 in respect of the offence under Section 138 of the Negotiable … Act. While there was a provision for modified application of Section 167 as provided by sub-section (4) of Section 20 by which the period specified under Section 167 was increased, there was no such provision in the N.D.P.S
Tag this Judgment! AI Brief & AskBalu S/O Rakhmaji Khamkar and anr. Vs. the State of Maharashtra
Mumbai
Jun-28-1995
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 167, 167(2), 173(2) and 173(5); Constitution of India - Articles 21 and 226; Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 20, 21, 22, 25 and 27
1995(4)BomCR335
accepting the charge sheet. Section 173 of the Code of Criminal Procedure, 1973 by its sub-section (2) gives the requirement of a valid charge sheet. … photographs of the seized articles are still to be drawn. It is not only surprising but agonizing. When the Criminal Procedure Code has given a specific absolute right to the accused detained, that he shall be released on bail, if … and Psychotropic Substances Act, 1985 prays for bail by virtue of the provisions of section 167(2) of the Code of Criminal Procedure.3. It is the case of the prosecution that applicant was found in possession of Ganja … by Rahuri Police Station for allegedly having committed offence punishable under sections 20 21, 22, 25 and 27 of Narcotic Drugs and Psychotropic Substances Act,
Tag this Judgment! AI Brief & AskThe State of Maharashtra Vs. Chandrakant Annappa Shyanbhag and anr.
Mumbai
Jan-06-1993
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 244, 245, 246 and 247; Railway Property (Unlawful Possession) Act, 1966 - Sections 3; Railway Protection Force Act, 1957 - Sections 20(1), 20(2) and 20(3); Constitution of India - Article 21(5)
1993(2)BomCR211
(2) and 20 (3) of Railway Protection Force Act, 1957 and Sections 244, 245, 246 and 247 of Criminal Procedure Code, 1973 - question whether an act complained of is one purported to be done in execution of his … complaint and is triable as a warrant case. Chapter XIX of the Code of Criminal Procedure deals with trial of warrant cases. Sections 238 to … Magistrate found that the prosecution lodged against them was not maintainable on the ground that no notice under section 20(3) of the Railway Protection Force Act, 1957 (hereinafter referred to, as the said Act of 1957) was served
Tag this Judgment! AI Brief & AskState of Karnataka and anr. Vs. Dr. Praveen Bhai Thogadia
Supreme Court of India
Mar-31-2004
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 20, 20(1), 20(2), 21, 29, 144, 144(1), 144(3) and 482; Constitution of India; Defence of India Act, 1962 - Sections 40
AIR2004SC2081; 2004(2)ALD(Cri)46; 2004(2)BLJR912; 2004CriLJ1825; (2004)3GLR2242; JT2004(4)SC129; 2004(4)KarLJ484; 2004(2)KLT342(SC); 2004(4)SCALE115; (2004)4SCC684
respondent challenged the order in a petition under Section 482 of the Code of Criminal Procedure, 1973 (in short the 'Code') before the High Court … and, in the extent of its application. There is no general proposition that an order under Section 144, Criminal Procedure Code cannot be passed without taking evidence: see Mst. Jagrupa Kumari v. Chobey Narain Singh 37 Cl.L.J. 95 which … ADM who passed the order was not covered by the categories of officials empowered to pass the order. Section 20 of the Code deals with 'Executive Magistrates'. Sections 20, 21 and 144 of the Code, altogether deal with
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