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Hasanbhai Valibhai Qureshi Vs. State of Gujarat and ors.

Court : Supreme Court of India

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 120B and 395; Bombay Police Act - Sections 135; Code of Criminal Procedure (CrPC) , 1973 - Sections 173(8), 216, 217 228 and 240; Constitution of India - Article 226

Reported in : AIR2004SC2078; 2004(2)BLJR883; 2004CriLJ2018; (2004)2GLR1634; JT2004(4)SC305; 2004(3)MhLj1074; 2004MPLJ593(SC); 2004(4)SCALE174; (2004)5SCC347; 2004(2)LC1027(SC)

was of the view that if further investigation is necessary the remedy is available in the Code of Criminal Procedure, 1973 (in short the 'Code') and further investigation can be carried out under the supervision of the trial … FIR various offences including Sections 395 and 120B of the Indian Penal Code, 1860 (in short the 'IPC') and Section 135 of the Bombay Police … of meeting it and putting forward any defence open to him on the charge finally preferred against him. Section 217 deals with recall, if necessary of witnesses when the charge is altered.10. Therefore, if during trial the trial

Om Prakash Joshi, Advocate and ors Vs. State of Rajasthan and ors

Court : Rajasthan

Subject : Constitution

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 24, 24(1), 24(4), 24(8), 35 and 321; Constitution of India - Articles 13, 13(3), 14, 16, 16(1), 124(2), 126, 162, 163, 165, 165(2), 165(3), 216, 217, 217(1), 217(2), 222, 222(1), 226, 319, 361(1), 367 and 368 ;Code of Civil Procedure (CPC), 1908 - Sections 2(7) - Order 3, Rule 4(2) and Rule 4(6); General Clauses Act - Sections 13; Advocates Act, 1961 ;

Reported in : AIR2002Raj33; 2001(3)WLC199; 2001(3)WLN632

in consultation with the Sessions Judge in accordance, with the provisions of sub-section (4) of Section 24 of the Criminal Procedure Code, 1973;(3) A person shall be eligible to be appointed as Public Prosecutor or as an Additional Public Prosecutor … in accordance with the Rajasthan taw & Legal Affairs Department Manual (1999 read with Section 24 of the Code of Criminal Procedure, 1973.(c) The petitioners have not stated a single example of arbitrariness in the appointments and … under Article 165 by reasons of Article 361(1) of the Constitution. Article 217(2) of the Constitution prescribes the qualifications for appointment as a Judge of

Tola Ram and Etc. Vs. State of Rajasthan

Court : Rajasthan

Subject : Criminal

Acts : Foreigners Act - Sections 14; Indian Penal Code (IPC) - Sections 179, 223, 224, 225, 225A and 225B; Code of Criminal Procedure (CrPC) , 1973 - Sections 173, 216, 217, 251, 263, 264, 281, 281(1) to 281(5), 281(6), 313 and 482; Constitution of India - Article 22

Reported in : 1997CriLJ2156; 1997(1)WLN17

the prosecution proposes to rely during the trial. It is also note-worthy that during the trial conducted under the Criminal Procedure Code, 1973 the accused person cannot be compelled to appear as a witness or to produce any document which … is also note-worthy that during the trial conducted under the Criminal Procedure Code, 1973 the accused person cannot be compelled to appear as a witness … over and explained to the accused person in summons trial or summary trials is necessary, the provisions of Section 217, Cr. P.C. would apply and after the alteration or addition in the charge, or the accusation the prosecutor

M. Manohar Reddy and anr. Vs. Union of India and ors.

Court : Supreme Court of India

Subject : Criminal

Acts : Constitution of India - Articles 32, 217(1), 124(4), 219; Indian Penal Code (IPC), 1860 - 147, 342, 427, 324, 120B; Code of Criminal Procedure (CrPC), 1973 - Sections 161, 82, 83; Prevention of Corruption Act - Sections 13(i)(d)

217(1), 124(4), 219; Indian Penal Code (IPC), 1860 -  147, 342, 427, 324, 120B; Code of Criminal Procedure (CrPC), 1973 - Sections 161, 82, 83; Prevention of Corruption Act - Sections 13(i)(d) -- The name of respondent No.3 … From the charge sheet it appears that in their statements recorded under Section 161 of the Code of Criminal Procedure, the Driver and the Conductor of the bus (apart from some other witnesses) identified and named five persons

Shri Kumar Padma Prasad Vs. Union of India and Others

Court : Supreme Court of India

Subject : ConstitutionService

Acts : Constitution of India -Articles 32, 50, 217, 219, 226, 233, 234, 235, 236 and 237; Code of Criminal Procedure (CrPC) , 1973 - Sections 20; Mizoram Judicial Service Rules, 1986 - Rules 1, 8, 9, 10, 14, 15 and 19; Mizoram Judicial Service Rules, 1989; Industrial Disputes Act, 1947 - Sections 7(3)

Reported in : AIR1992SC1213; JT1992(2)SC247; (1993)IILLJ972SC; 1992(1)SCALE581; (1992)2SCC428; [1992]2SCR109; 1992(2)SLJ115(SC); 1992(1)LC639(SC); (1992)2UPLBEC981

variety of offices which are connected with the administration of justice in one way or the other. Under the Criminal Procedure Code 1973 powers of judicial Magistrate can be conferred on any person who holds or has held any office … Shri S.S.Dutta Under Secy. FinanceFurther in exercise of the powers conferred by Sub-section (1) of Section 20 of CrPC, 1973 (Act 2 of 1974) read with the Notification of the Government of India, Ministry of Home Affairs No. … the appointment of Srivastava as High Court Judge is infraction of Article 217(2) and 217(1) of the Constitution of India.2. Is he qualified for appointment

K. Veeraswami Vs. Union of India (Uoi) and ors. Overruled

Court : Supreme Court of India

Subject : Criminal

Acts : Prevention of Corruption Act, 1947 - Sections 2, 5, 5(1), 5(2), 6 and 6(1); Code of Criminal Procedure (CrPC) 1973 - Sections 173(2) and 482; Constitution of India - Articles 124, 124(2), 124(4), 124(5), 217 and 217(1); Indian Penal Code (IPC), 1860 - Sections 19 and 21; Evidence Act, - Sections 106

Reported in : JT1991(3)SC198; (1992)IILLJ53bSC; 1991(2)SCALE150; (1991)3SCC655; [1991]3SCR189a; [1991] 3 SCR 189

Veeraswami, a former Chief Justice of the Madras High Court filed an application under Section 482 of the CrPC, 1973 (Criminal M.P. No. 265 of 1978) to quash the proceedings in C.C. No. 46 of 1977 in the … the ground of proved misbehaviour or incapacity. Sub-article (5) also provides that Parliament may by law regulate the procedure for the presentation of an address and for the investigation and proof of the misbehaviour or incapacity of … a public servant as defined in Section 21 of the Indian Penal Code i.e. Act 45 of 1860. Section 21 of the Indian Penal Code … Court is a constitutional functionary appointed under Article 124 and under Article 217 of the Constitution respectively. Sub-article 2 of Article 124 further provides that

T.P.G. Nambiar and Others Vs. the Ragistrar of Companies, Karnataka, B ...

Court : Karnataka

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 482; Companies Act, 1956 - Sections 5, 17, 56, 60, 67, 161, 166, 168, 209-A, 210(1 and 2), 217(2-A), 220, 230(1), 281, 291, 317(5), 370(1), 371, 372, 629 and 633; Companies (Central Government's) General Rules, 1956; Companies (Particulars of Employees) Rules, 1975; Constitution of India - Articles 226 and 227

Reported in : 1998(3)KarLJ612

and who were managing the affairs of the company'. The director filed a petition under Section 482 of the Criminal Procedure Code, 1973, to have the complaint quashed: Held, quashing the complaint, that in the light of the contents of … hand, the petitioners rushed to this Court under Section 482, Criminal Procedure Code. At this stage, it is also necessaryto refer to the various decisions … 60(5) of the Act.5. The complainant has alleged in C.C. No. 678 of 1993 that in terms of Section 217(2-A) of the Act read with the Companies (Particulars of Employees) Rules, 1975, the particulars of employees of the

P.S. Bedi and Others Vs. Registrar of Companies, Delhi, and Haryana

Court : Delhi

Subject : Company

Acts : Companies Act - Sections 209(5), 211, 217, 633, 633(1), 633(2) and 633(3); Code of Criminal Procedure (CrPC) , 1973 - Sections 466 and 470(2); Companies (Court) Rules; Ceiling Act; Gambling Act

Reported in : [1986]60CompCas1061(Delhi); ILR1985Delhi260

could not be considered to have any legitimacy after the coming into force of the new Code of Criminal Procedure, 1973. He has made reference to the new provisions of the law of limitation introduced and has pointed … to have any legitimacy after the coming into force of the new Code of Criminal Procedure, 1973. He has made reference to the new provisions … April 13, 1983. One has been under section 209(5), the second under section 211 and the third under section 217 of the Companies Act. 3. Notice of this petition under section 633(2) of the Companies Act was issued

S.P. Gupta Vs. President of India and ors. Overruled

Court : Supreme Court of India

Subject : Constitution

Acts : Constitution of India - Articles 19(1), 32, 74, 74(1), 74(2), 124, , 136, 139A, 163, 216, 217, 217(1), 217(2), 218, 221(1), 222, 224, 224(1) 226, 233(1), 234 and 368; Indian Penal Code (IPC), 1860 - Sections 166; Code of Criminal Procedure (CrPC) , 1973 - Sections 133, 162 and 162(1); Code of Civil Procedure (CPC) , 1908 - Sections 91 and 92 - Order 17, Rule 2 - Order 31, Rule 19A; Evidence Act - Sections 114, 123, 124, 132, 162 and 162(1); Government of India Act, 1935 - Sections 220; Judges (Inquiry) Act, 1968

Reported in : AIR1982SC149; 1981Supp(1)SCC87; [1982]2SCR365

of the residents of a certain locality in Ratlam town to adopt proceedings under Section 133 of the Criminal Procedure Code against the Municipal Council compelling it to provide certain basic amenities like sanitary facilities on the roads, public … residents of a certain locality in Ratlam town to adopt proceedings under Section 133 of the Criminal Procedure Code against the Municipal Council compelling it to provide certain basic amenities like sanitary facilities on the roads, public … more than one consultant, it has said so: See Articles 124(2) and 217(1). Wherever the Constitution provided for consultation of a single body or individual

Janekere C. Krishna Vs. State of Karnataka and Others

Court : Karnataka

Subject : Land Acquisition

to be strictly construed and it is to be applied only in the context of proceedings under the Criminal Procedure Code, 1973 as the said enactment also defines what an “enquiry” means, what a “judicial proceedings” means. Therefore, a … word ‘investigation’ is not defined under the Act. The word ‘investigation’ is defined under the provisions of the Code of Criminal Procedure where it has been defined as under,-- “2(h) “Investigation” includes all the proceedings under this … 2 to appoint a Upa Lok Ayukta after following the mandate in Section 3(2)(b) of the Karnataka Lokayukta Act, 1984 within a time frame as … more than one consultant, it has said so; See Arts.124 (2) and 217(1). Wherever the Constitution provided for consultation of a single body or individual