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State 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 & AskS.S. Dhanoa Vs. Municipal Corporation, Delhi and ors.
Supreme Court of India
May-08-1981
CriminalFood Adulteration
Indian Penal Code (IPC), 1860 - Sections 21; Bombay Cooperative Societies Act, 1925 - Sections 10 and 23; Prevention of Food Adulteration Act, 1954 - Sections 19(2); All India Services (Conduct) Rules, 1968 - Rule 2; All India Services (Discipline and Appeal) Rules, 1969 - Rule 2; Code of Criminal Procedure (CrPC) , 1973 - Sections 197; Companies Act; Societies Registration Act; Prevention of Food Adulteration Rules, 1955 - Rule 12A
AIR1981SC1395; 1981CriLJ871; [1981(43)FLR272]; (1981)IILLJ230SC; (1981)IILLJ231SC; 1981(1)SCALE919; (1981)3SCC431; [1981]3SCR864; 1981(13)LC803(SC)
as to costs. Criminal - Sanction for prosecution of public servant - Section 197 of the Code of Criminal Procedure, 1973 and Sections 7 and 16 of Prevention of Food Adulteration Act, 1947 - Appellant was member of … Clause Twelfth of Section 21 of the Indian Penal Code, 1860, for purposes of Section 197 of the CrPC, 1973. The question arises in this way.2. The appellant is a member of the Indian Administrative Service. By notification
Tag this Judgment! AI Brief & AskSatya NaraIn Musadi and ors. Vs. State of Bihar
Supreme Court of India
Sep-17-1979
Criminal
Indian Penal Code (IPC) - Sections 21 and 420; Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 7, 11, 156(1), 161, 170, 173, 173(2), 173(2)(1), 173(3), 173(5), 179(2), 190, 190(1), 251A, 252 and 482; Essential Commodities Act, 1955 - Sections 10A and 11
AIR1980SC506; 1980CriLJ227; (1980)3SCC152
2, 11, 21, 173, 190 and 420 of Indian Penal Code, 1860, Sections 156, 161, and 482 of Criminal Procedure Code, 1973 and Sections 10A and 11 of Essential Commodities Act, 1955 - whether in view of Section 11 … 21 of the Indian Penal Code.5. Section 10-A of the Act provides that notwithstanding anything contained in the CrPC, 1973, every offence punishable under the Act shall be cognizable which would imply that an officer in charge of
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Bal Kishan S/O Sh. Harbans Lal, New Delhi Vs. Local Health Authority, ...
Delhi
Jul-17-2002
CriminalFood Adulteration
Prevention of Food Adulteration Act - Sections 7, 14A, 15, 16, 16(1)(A), 20, 20(2) and 21; Code of Criminal Procedure (CrPC) , 1973 - Sections 29 and 323; Code of Criminal Procedure (CrPC) , 1898 - Sections 347; Indian Penal Code (IPC) - Sections 320
99(2002)DLT339; 2002(64)DRJ445
penalties - Notwithstanding anything contained insection 29 ofthe Code of Criminal Procedure, 1973 (2 of 1974), it shall be lawful for any Metropolitan Magistrate or … provision for punishment to be awarded by a Magistrate irrespective of the limitations placed upon his powers under the Criminal Procedure Code it amounts to an abrogation of the general law and the provisions of section 347 of the Criminal … the case to a Court of Sessions as required under Section 209, CrPC. It is only a case which appears to the Magistrate to be … inferiortoa Metropolitan Magistrate or a Judicial Magistrate of a first class shall try any offence under this Act. Section 21 of the same Act further makes it clear and reads as under:-21.Magistrate's power to impose enhanced penalties -
Tag this Judgment! AI Brief & AskState of Orissa Vs. Dhaniram Luhar
Supreme Court of India
Feb-04-2004
CriminalProperty
Code of Criminal Procedure (CrPC) , 1973 - Sections 313, 378, 378(1), 378(2), 378(3) and 378(5); Orissa Forest Act, 1972 - Sections 21, 22 and 27(1); Constitution of India - Article 141
AIR2004SC1794; 2004CriLJ1385; 2004(3)CTC374; JT2004(2)SC172; 2004(2)SCALE202; (2004)5SCC568
law, uninfluenced by any observation made in the present appeal. The appeal is allowed to the extent indicated. Criminal Procedure Code (CrPC), 1973 - Sections 313, 378, 378(1), 378(2), 378(3) and 378(5); Orissa Forest Act, 1972 - Sections 21, 22 and … finding him guilty. He held that the authentic copy of the notification purported to have been issued under Section 21 of the Act was required to be filed which had not been done. He further observed that since
Tag this Judgment! AI Brief & AskJitendrabhai Chunibhai Patel Vs. State of Gujarat
Gujarat
Jul-09-2004
Civil
Constitution of India - Article 226; Gujarat Agricultural Produce Markets Act, 1963 - Sections 4, 4(1), 5, 6(1), 6(5), 7, 9(1), 11, 52, 53, 53(2), 54, 54(2) and 55; Gujarat Co-operative Societies Act, 1961 - Sections 17; Gujarat Panchayats Act, 1993 - Sections 263; Maharashtra Agricultural Produce Markets Act - Sections 44; Punjab Gram Panchayat Act, 1952; Code of Criminal Procedure (CrPC) , 1973 - Sections 307; Bombay General Clauses Act, 1904 - Sections 21; Special Court (Trial of Offences elating to Transactions in Securities) Act, 1992
(2004)3GLR560
Act, 1993, Section 44 of Maharashtra Agricultural Produce Markets Act, Punjab Gram Panchayat Act, 1952, Section 307 of Criminal Procedure Code, 1973, Section 21 of Bombay General Clauses Act, 1904 and Special Court (Trial of Offences relating to Transactions … Mehta vs. State of Maharashtra, AIR 2001 SC 3774 wherein similar contention was raised. Section 307 of the Code of Criminal Procedure confers powers on a Magistrate to grant pardon. The question was whether Special Court constituted
Tag this Judgment! AI Brief & AskP.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
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 … the Bill.'57. In the 1947 Act the definition of 'public servant' in the Indian Penal Code was adopted, Section 21 whereof reads as follows:21. 'Public servant'. - The words 'public servant' denote a person falling under any of … 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
Tag this Judgment! AI Brief & AskislamuddIn @ Chottey Vs. State of Delhi
Delhi
Aug-16-1999
NarcoticsCriminal
Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 21, 37, 61 and 85; Code of Criminal Procedure (CrPC) , 1973 - Sections 439
1999VIAD(Delhi)765; 2000CriLJ108; 82(1999)DLT449; 1999(51)DRJ558
this Court could grant interim bail to the petitioner in exercise of the powers under Section 482 of the Criminal Procedure Code. I do not find any merit in this contention. Section 37 of the NDPS Act starts with the … ORDERCyriac Joseph, J.1.This is a petition filed under Section 439 of the Code of Criminal Procedure red with Section 37 of the Narcotic Drugs and … and non bailable1. Notwithstanding anything contained in the Code of Criminal Procedure, 1973-(a) Every offence punishable under this Act shall be cognizable; (b) No person … satisfied that there were reasonable grounds for believing that the petitioner was not guilty of the offences under Section 21 of the NDPS Act or that he was not likely to commit any offence while on bail. While
Tag this Judgment! AI Brief & AskThe State of Tamil Nadu and Another Vs. R. Gandhi, President, and Anot ...
Chennai
Feb-16-1995
Criminal
Constitution of India - Articles 14, 50, 217(2) and 236; Code of Criminal Procedure (CrPC) , 1973 - Sections 6, 7(1), 13, 13(1), 14A, 18, 18(1), 20, 21, 23, 107, 133, 143, 144 and 145
1995CriLJ3129
- Sections 6, 7 (1), 13, 14A, 18, 20, 21, 23, 107, 133, 143, 144 and 145 of Criminal Procedure Code, 1973 - whether appointment of Special Judicial Magistrates and Special Metropolitan Magistrate could be confined to persons who … petitioner is one issued by the Government under S. 21 of the Code of Criminal Procedure, 1973 (Central Act II of 1974), whereby all regular … They are also specially empowered to exercise the powers under Ss. 133, 143, and 144 of the Code. Section 21 of the Code enables the State Government to appoint for such term as it may think fit, Executive
Tag this Judgment! AI Brief & AskNasir Ganibhai Shaikh Vs. State of Gujarat
Gujarat
Jan-29-2004
NarcoticsCriminal
Code of Criminal Procedure (CrPC) (Cr.PC), 1973 - Sections 374(2); Narcotic Drugs Psychotropic Substance Acts, 1985 - Sections 21, 29, 41, 42, 43, 52, 52A, 52(3), 54, 55 and 57
2004(97)ECC40
judgment and conviction recorded by the trial court are confirmed. Criminal - conviction - Section 374 (2) of Criminal Procedure Code, 1973 and Sections 21, 29, 41, 42, 43, 52, 52A, 52 (3), 54, 55 and 57 Narcotic Drugs … J. 1. The appellants above namaed have preferred this appeal under sub-section (2) of section 374 of the Code of Criminal Procedure, 1973 (for short, 'the Code') challenging the judgment and conviction order dated 5.10.1998 recorded by
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