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Pramila Mahesh Shah Vs. Employees' State Insurance Corporation, Nagpur ...
Mumbai
Oct-15-2001
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 204(2) and (3)
2002CriLJ2454; 2002(2)MhLj100
list contemplated by Sub-section 2 of Section 204 of Criminal Procedure Code, 1973 is considered to be mandatory, the provisions contained in Section 465 of … for dismissal of the complaint for want of compliance of mandatory provisions contained in Section 204(2), 204(3) of the Criminal Procedure Code. This application was objected by respondent No. 1 (complainant). The Magistrate granted this application by a non speaking … the complaint for want of compliance of mandatory provisions contained in Section 204(2), 204(3) of the Criminal Procedure Code. This application was objected by respondent No. 1 (complainant). The Magistrate granted this application by a non speaking
Tag this Judgment! AI Brief & AskBhiku Yeshwant Dhangat and ors. Vs. Baban Maruti Barate and anr.
Mumbai
Jun-06-2000
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 204 and 204(2); Indian Penal Code (IPC), 1860 - Sections 34, 403, 420 and 468
2001BomCR(Cri)69; (2001)4BOMLR654; 2001CriLJ295; 2000(4)MhLj861
is hereby quashed and set aside. Rule made absolute. Interim stay dated 1st February, 1994 is hereby vacated. Criminal Procedure Code, 1973 - Section 204(2) - Issue of process - Complaint without disclosing names of witnesses - Non-compliance of … No. 97 of 1989, under Section 403, 420 and 468 read with Section 34 of the Indian Penal Code.2. The main ground on which the order of issuance of process is assailed, is that the complaint dated
Tag this Judgment! AI Brief & AskS.C. Rastogi Vs. Renu Kalra
Delhi
Jan-29-2002
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 204, 227, 251, 294 and 482; Negotiable Instruments Act - Sections 138
2002IIIAD(Delhi)710; 2002CriLJ2269; 96(2002)DLT659; 2002(62)DRJ203
S.K. Agarwal, J.1. This revision petition under Section 482 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.') is directed against the order … no illegality or impropriety in the impugned order to warrant interference. Dismissed. Trial court record be sent back. Criminal Procedure Code, 1973 - Section 251--Framing of charge--Whether the accused is entitled to hearing at the stage of notice--If there … Anr., : 1992CriLJ3779 .4. I have considered the rival contentions. At the stage of issuance of process under Section 204 Cr.P.C., the Court is only to see whether there are grounds for proceedings in the matter. The accused
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Smt. Nagawwa Vs. Veeranna Shivalingappa Konjalgi and ors.
Supreme Court of India
Apr-23-1976
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 202, 202(1), 204, 204(1) and 482
AIR1976SC1947; 1976CriLJ1533; (1976)3SCC736; [1976]SuppSCR123; 1976 (3) SCC 756
the stay granted by this Court earlier is vacated. Criminal - validity - Sections 202 and 204 of Criminal Procedure Code, 1973 - appeal against judgment of High Court by which it set aside Order of Additional Judicial Magistrate … Gokak issuing process against respondents 1 & 2 in exercise of his discretion under s. 204 of the CrPC. The facts of the case lie within a very narrow compass and although the High Court has taken … Police Station submitted a charge-sheet against Nagappa Giddanaavar and seven others under Sections. 302, 114, 148, 147 and other sections on the allegations that on
Tag this Judgment! AI Brief & AskSunil Vassudev Pednekar Vs. Bicholim Urban Co-operative Bank Ltd.
Mumbai
Apr-13-2006
Criminal
Negotiable Instruments Act, 1881 - Sections 138; Code of Criminal Procedure (CrPC) , 1973 - Sections 202(2), 204, 204(1), 204(1A), 204(2), 244(1), 244(2), 252, 253, 254, 254(1), 254(2), 311 and 482
III(2007)BC777; 2006CriLJ3114
was not accompanied by a list of witnesses as required under Sub-section (2) of Section 204 of the Code of Criminal Procedure, 1973, (Code, for short),3. Rule was issued on 10-8-2005 and, therefore, this petition deserves to … trial of the accused and record his plea. The Court held that the provisions of Section 204 of the Criminal Procedure Code were not mandatory in nature and if before the list of witnesses is filed, the Magistrate issues a
Tag this Judgment! AI Brief & AskDevendra Kumar JaIn and anr. Vs. State (Delhi Administration) and anr.
Delhi
Mar-10-1989
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 204(2) and 251
38(1989)DLT213
pleaded by accused person or documents produced by him, and on a cumulative reading of different provisions of the Criminal Procedure Code . 1973, I find that the contentions advanced by Mr. Mathur regarding necessity of examination of the defense … Santosh Duggal, J. (1) This petition under section 482 of the Code of Criminal Procedure has been filed by the petitioners- Devendra Kumar Jain … namely, that the proceedings were liable to be quashed because there has been non-compliance with the provisions of section 204(2) of the Cr. P.O., 1973 in as much as the complaint was not accompanied by any list of
Tag this Judgment! AI Brief & AskTula Ram and ors. Vs. Kishore Singh
Supreme Court of India
Oct-05-1977
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 34, 148, 149, 156(3), 190, 190(1), 200, 202, 202(1), 204 and 304
AIR1977SC2401; 1978CriLJ8; (1977)4SCC459; [1978]1SCR615
that before it can be said that any Magistrate has taken cognizance of any offence under Section 190(1)(a), Criminal Procedure Code, he must not only have applied his mind to the contents of the petition but he must have … Whether or not a Magistrate after receiving a complaint and after directing investigation under Section 156(3) of the CrPC, 1973 (hereinafter referred to as the code) and on receipt of the final report from the police can issue … notice to the complainant, record his statement and the statements of other witnesses and then issue processes under Section 204 of the Code is the question of law that falls for consideration in this appeal.2. This is an
Tag this Judgment! AI Brief & AskN.S. Kapoor Vs. State
Delhi
Mar-13-1995
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 204 and 397; Indian Penal Code (IPC) - Sections 34, 120B, 406, 407, 408 and 409
58(1995)DLT390
cognizanceb) The case debated on the considerations for issue of process under Section 204 read with 190 of the Criminal Procedure Code, 1973 - It was observed that on the allegation of offences under Section 406/408/409 of the Indian Penal … not make out a case for criminal trial through the complaint of the petitioner.6. Section 204 of the Code of Criminal Procedure (in short 'Cr.P.C') postulates that a Magistrate taking cognizance of a complaint has to apply
Tag this Judgment! AI Brief & AskGovind Raghe Khairnar and anr. Vs. Khan Wahid Ali Maddan Khan and anr.
Mumbai
Sep-22-1988
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 202, 204 and 482; Indian Penal Code (IPC), 1860 - Sections 100; Evidence Act, 1872 - Sections 105; Constitution of India - Article 227
1989(1)BomCR434
302 read with section 34 I.P.C. hereby quashed. Criminal - conviction - Sections 202, 204 and 482 of Criminal Procedure Code, 1973, Sections 34, 100 and 302 of Indian Penal Code, 1860, Section 105 of Evidence Act, 1872 and … report their Lordships of the Supreme Court laid down the law thus :-'Section 100 (of the Indian Penal Code) provides, inter alia, that the right of private defence of the body extends under the restrictions mentioned in
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
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 … 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 … as a rule of necessary caution and of proper exercise of the discretion given to a Magistrate under Section 204(1) of the Code of Criminal Procedure, exceptional circumstances must exist for the entertainment of a second complaint on
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