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Thana Singh. Vs. Central Bureau of Narcotics.

Court : Supreme Court of India

Subject : Criminal

Acts : Narcotics Drugs and Psychotropic Substances Act (NDPS), 1985 - Section 37; Constitution of India - Articles 141, 32, 21; Code of Criminal Procedure(CrPC), 1973 - Sections 309(2), 24; Prevention of Corruption Act, 1988 - Section 22(c)

enacted a crucial amendment in the form of a fourth proviso to Section 309(2) of the Code of Criminal Procedure, 1973 (through Section 21 (b) of Act 5 of 2009) to tackle the problem, but the same awaits … The legislature enacted a crucial amendment in the form of a fourth proviso to Section 309(2) of the Code of Criminal Procedure, 1973 (through Section 21 (b) of Act 5 of 2009) to tackle the problem, but … queue to the doors of justice.9. Perhaps, a provision analogous to Section 22(c) of the Prevention of Corruption Act, 1988 may be seriously considered by

Dharambir Khattar Vs. Central Bureau of Investigation

Court : Delhi

Subject : Criminal

Acts : Prevention of Corruption Act, 1988 - Sections 3, 3(1), 5(2), 5(3), 7, 8, 10, 11, 11(1), 12, 13, 13(1), 13(2), 15, 19, 19(1), 19(3), 19(4), 22 and 27; Special Courts Act 1979 - Sections 11 and 11(1); Prevention of Terrorism Act, 2002 - Sections 34 and 34(1); Delhi Development Authority Act - Sections 31; Evidence Act - Sections 10 and 65B; Indian Telegraph Act - Sections 5(2); Indian Telegraph Rules - Rule 419A; Prevention of Corruption Act, 1947 - Sections 6(2); Code of Criminal Procedure (CrPC) , 1973 - Sections 154, 156, 197, 378(3), 397, 397(1), 397(2), 397(3), 401, 464 and 482; Indian Penal Code (IPC) - Sections 40, 41, 109, 110, 120B and 409; Constitution of India - Articles 14, 19, 21, 136, 226 and 227

Reported in : 159(2009)DLT636

under Section 397 read with Section 401of the Code of Criminal Procedure, 1973 (CrPC) are directed against order on charge dated 8th April, 2008 and … argument on behalf of the appellant in V.C.Shukla was that the SCA 'being a statute in pari materia the Criminal Procedure Code, the expression used and the meaning of the words employed in the Act must have the same meaning … indicate that it is a non-obstante clause and, therefore resort cannot be had to either the CrPC or Section 22 or Section 27 of the PCA to justify the High Court entertaining a revision petition. He places reliance

State of Bihar and anr. Vs. J.A.C. Saldanha and ors.

Court : Supreme Court of India

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 1, 2, 3, 4, 4(1), 5, 12, 22, 36, 46(2), 156, 156(1), 156(2), 156(3), 173, 173(2), 173(8) and 190; Police Act, 1861 - Sections 3, 12 and 22; Indian Penal Code (IPC) - Sections 105, 106, 120-B, 368, 418 and 420

Reported in : AIR1980SC326; 1980CriLJ98; (1980)1SCC554; [1980]2SCR16

a criminal case in which a report was submitted by the investigating agency under Section 173(2) of the CrPC, 1973 ('Code' for short) to the Magistrate having jurisdiction to try the case (lb). Whether the Magistrate having jurisdiction … to the right of the Court to intervene in an appropriate case when moved under Section 491 of the Criminal Procedure Code to give directions in the nature of habeas corpus. In such a case as the present, however, the … that the Bihar Police Manual, 1978, has been issued in exercise of the, power conferred by Section 12. Section 22 provides that every police officer shall, for all purposes in the Act contained, be considered to be always

Ashok Gyanchand Vohra Vs. the State of Maharashtra and anr.

Court : Mumbai

Subject : Criminal

Acts : Maharashtra Control of Organized Crime Act, 1999 - Sections 1 to 4, 5, 5(1), 6, 7, 8, 9, 9(1), 9(2), 9(3), 9(4), 10, 11, 17, 18, 19, 20, 21, 22, 23, 23(1), 23(2), 24, 25, 29, 50 and 58(1); Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 2(2), 3, 4, 4(2), 6, 9, 24, 25, 26, 36, 39, 154 to 176, 190, 190(1), 193, 195, 197, 197(1), 200 to 203, 204, 340 and 438; Indian Penal Code (IPC), 1860 - Sections 34, 120B, 143, 147, 149, 166, 182, 191, 192, 193, 195, 196, 218 and 323; Prevention of Terrorism Act, 2002 - Sections 29, 29(1) and 50; Terrorists and Dangerous Activities Act; Maharashtra Control of Organized Crimes Act, 1990; Terrorist and Disruptive Activities (Prevention) Act, 1987 - Sections 14(1), 20A(1) and 20A(2); narcotics Drugs and Psychotropic Substances Act, 1985; Prevention of

Reported in : 2006CriLJ1270; 2006(3)MhLj163

in which the trials could be made under the Criminal Procedure Code, 1973 was considered grossly inadequate to deal with such special kind of offences. … by the Act does not come into existence. It is not in the hierarchy of Courts mentioned in the Criminal Procedure Code. It is not a Court of Magistrate. It is not Court of Sessions. Section 156 specifically contemplates Magistrate … the MCOC Act and order investigation under section 156(3) of Criminal Procedure Code when section 23 of the MCOC Act specifically bars it.3. Special Court … or investigations under the act and wherever necessary specific provisions have been made applicable or barred or modified. Section 22 then provides for certain other things. It will be seen from the aforesaid provisions in fact from the

Dineshbhai Dhemenrai Vs. State of Gujarat

Court : Gujarat

Subject : CriminalNarcotics

Acts : Constitution of India - Articles 14, 19, 20(1), 20(3), 21, 21(2), 22, 22(1), 22A, 31, 32, 39A, 51-A, 71(1), 132(1), 134(1), 136(1) and 226; Code of Criminal Procedure (CrPC) , 1973 - Sections 20, 39-A, 41, 49, 50, 54, 55, 56, 57, 75, 76, 93, 94, 97, 100(4) to (8), 151, 162, 165, 167, 173(7), 191, 207, 208, 218, 228(2), 235(2), 238, 240(2), 243, 248(2), 273, 303, 304, 304(1) and (2), 309, 313, 314, 317, 327, 340, 351, 360, 363, 374, 379, 380, 386, 400, 436, 437, 439 and 479; Indian Penal Code (IPC), 1860 - Sections 303, 304 and 395; Legal Services Authorities Act, 1987 - Sections 12; Narcotics Drugs and Psychotropic Substances Act, 1985 - Sections 20; Poor Persons Defence Act, 1930; Legal Aid and Advice Act; Evidence Act, 1872 - Sections 101-104, 121 to 131, 138, 148, 149 and 165; Probatio

Reported in : (2001)1GLR603

heart and main theme of this Conviction Appeal, on hand.2. In this appeal under Section 374 of the Code of Criminal Procedure, 1973, the appellant-original-accused has assailed the legality and validity of thejudgment and sentence order recorded … well in the Legal Services Authorities Act, 1987, over and above the provisions made in Section 304 of the Criminal Procedure Code, 1973.41. It would be fruitful to mention the steps suggested in England to assist the unaided and unrepresented … case (supra).14. The combined and conjoint reading of the provisions of Article 22(1) of the Constitution, Section 304 of Cr.P.C. and the provisions of Article

Ranjan Dwivedi Vs. Union of India (Uoi)

Court : Supreme Court of India

Subject : Criminal

Acts : Constitution of India - Articles 21, 22(1), 32, 39A, 227 and 227(3); Code of Criminal Procedure (CrPC) , 1973 - Sections 304(1) and 395; Indian Penal Code (IPC) - Sections 120B and 302

Reported in : AIR1983SC624; 1983CriLJ1052; 1983(1)Crimes1170(SC); 1983(1)SCALE487; (1983)3SCC307; [1983]2SCR982

justice - Articles 22 (1), 32, 39A and 227 of Constitution of India, Sections 304 and 395 of Criminal Procedure Code, 1973 and Sections 120B and 302 of Indian Penal Code, 1860 - whether right to be defended by … is to make an application before the learned Additional Sessions Judge under Sub-section (1) Section 304 of the CrPC, 1973 to provide him with free legal aid and it is for the learned Additional Sessions Judge to be

Montari Industries Ltd. and anr. Vs. State of Gujarat and anr.

Court : Gujarat

Subject : Company

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 482; Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 22; Negotiable Instruments Act - Sections 138

Reported in : [1998]94CompCas356(Guj); 1998CriLJ10; (1998)1GLR35

order is stayed till August 19, 1997. Company - inherent powers - Section 482 of Criminal Procedure Code, 1973, Section 22 of Sick Industrial Companies (Special Provisions) Act, 1985 and Section 138 of Negotiable Instruments Act - cheque drawn … the petitioners/original accused have filed these petitions for quashing in exercise of inherent powers under section 482 of the Criminal Procedure Code 1973, ('the Code' for short). 4. A few relevant facts of all the case are stated hereunder : … in exercise of inherent powers under section 482 of the Criminal Procedure Code 1973, ('the Code' for short). 4. A few relevant facts of all

Laxman Bapu Sonar Vs. State of Gujarat

Court : Gujarat

Subject : CriminalNarcotics

Acts : Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 8, 20, 22, 27, 35, 42, 43 and 50; Indian Penal Code (IPC) - Sections 114, 328, 379 and 394; Criminal Procedure , 1973 - Sections 219, 311, 313, 374(2), 465 and 465(2)

Reported in : 2004CriLJ2229; (2004)3GLR2129

394 of Indian Penal Code, 1860 and Sections 219, 311, 313, 374 (2), 465 and 465 (2) of Criminal Procedure Code, 1973 - appeal against conviction under Section 22 and Section 379 read with Section 114 - whether appeal … J.M. Panchal, J.1. Both the appeals filed under Section 374(2) of the Code of Criminal Procedure, 1973, are directed against common judgment dated March 16, 1999, rendered by the learned Additional

WasiuddIn Ahmed Vs. District Magistrate, Aligarh, U.P. and ors.

Court : Supreme Court of India

Subject : Constitution

Acts : Constitution of India - Articles 22(5) and 32; National Security Act, 1980 - Sections 8; Code of Criminal Procedure (CrPC) , 1973 - Sections 144 and 173(5)

Reported in : AIR1981SC2166; 1981CriLJ1825; 1981(3)SCALE1629; (1981)4SCC521

situation and on January 31, 1981 the District Magistrate clamped a prohibitory order under Section 144 of the CrPC, 1973 inside and outside the campus of the University in order to maintain public peace and tranquillity. Despite the … the fact that the detenu had not been furnished with the copies of the first information reports in the criminal case in which he was convicted and in the three other criminal cases pending against him. It is … peace and tranquillity. Despite the prohibitory order under Section 144 of the Code, the detenu and his followers continued to defy the ban and the … also the right to be heard by the Advisory Board; (2) the procedural safeguards of Article 22(5) and Section 8 of the Act were not

Rizwan Ahmed Javed Shaikh and ors. Vs. Jammal Patel and ors.

Court : Supreme Court of India

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 142, 144, 147, 148, 149, 220, 323, 324, 342, 365 and 368; Bombay Police Act, 1951 - Sections 2, 21, 22, 147 and 148; Code of Criminal Procedure (CrPC) 1973 - Sections 41(2), 197(2), 202, 468 and 482

Reported in : AIR2001SC2198; 2001(1)ALD(Cri)902; 2001ALLMR(Cri)1512(SC); 2001CriLJ2897; JT2001(Suppl1)SC32; RLW2001(2)SC262; 2001(4)SCALE205; (2001)5SCC7; [2001]3SCR766

Bombay - 400032No. CR.P.O./78/9845/POL-3. In exercise of the power conferred by sub-section (3) of section 197 of the Code of Criminal Procedure, 1973 (II of 1974), the Government of Maharashtra hereby directs that the provisions of sub-section … it falls within the scope and range of his official duties, the protection contemplated by Section 197 of the Criminal Procedure Code will be attracted.' In sum, the sine qua non for the applicability of this section is that the … attached with Chembur and Bhandup police stations complaining of offences under sections 220 342 of IPC and 147(c) (d) and 148 of Bombay Police Act,