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A.R. Antulay Vs. Ramdas Sriniwas Nayak and anr.
Supreme Court of India
Feb-16-1984
Criminal
Criminal Law (Amendment) Act, 1952 - Sections 6, 6(1), 8, 8(1), 8(3) and 9; Code of Criminal Procedure (CrPC) , 1973 - Sections 24, 190, 193, 200, 202, 202(2), 225, 238 to 250, 252 to 258 and 321; Prevention of Corruption Act, 1947 - Sections 5A
AIR1984SC718; (1984)86BOMLR228; 1984CriLJ647; 1984(1)Crimes547(SC); 1984(1)SCALE239; (1984)2SCC500; [1984]2SCR914; AIR 1984 SC 7187
not for satisfying private lust or sense of vengennce. Proceeding along, it was stated that the scheme of Criminal Procedure Code clearly shows that serious offences are exclusively triable by a Court of Sessions and that even if a … police officer of a certain rank, what would have been the position in law.9. Chapter XII of the CrPC, 1973 bears the heading 'Information to the police and their powers to investigate.' Section 154 provides for information to … he chooses to conduct the prosecution. The Legislature being aware of a provision like the one contained in Section 225 of the Cr. P.C, could have as well provided that in every trial before a special Judge the
Tag this Judgment! AI Brief & AskDineshbhai Harishbhai Sonkusare Vs. State of Gujarat
Gujarat
Sep-08-2004
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 225 to 237, 257, 313, 397 and 401; Indian Penal Code (IPC) - Sections 306 and 498A; Dowry Prohibition Act, 1961 - Sections 4 and 5
II(2005)DMC79; (2005)1GLR292
witnesses. Rule made absolute. Criminal - summons - Sections 225 to 237, 257, 313, 397 and 401 of Criminal Procedure Code, 1973 - revision application against Order rejecting application for issuing summons to defence witnesses - refusing to summon … This Revision Application is preferred under Section 397 and 401 of the Code of Criminal Procedure, 1973 by the accused of Sessions Case No. 263 … adhere strictly to the provisions of law ensuring fair trial.8. It is necessary, therefore, to notice provisions from section 225 to 237 engrafted in Chapter-XVIII of Cr.P.C. 1973 for conducting trial before the Court of Sessions. So far
Tag this Judgment! AI Brief & AskK.V. Shiva Reddy Vs. State of Karnataka and ors.
Karnataka
Apr-15-2005
Criminal
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Sections 3(2); Indian Penal Code (IPC), 1860 - Sections 120B, 143, 144, 147, 148, 149 and 302; Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 24, 24(8), 199(2), 225, 301(1), 301(2), 302, 308, 321, 377 and 386; Constitution of India - Articles 14, 21 and 226
2005CriLJ3000; ILR2005KAR4780; 2005(4)KarLJ22
the records. Though under the provisions of the Code of Criminal Procedure, 1973 the Government has the power to appoint a Special Public Prosecutor in … status and position as well as great powers have been conferred on the office of Public Prosecutor. Under the Criminal Procedure Code, the Public Prosecutor has a special status and his is a statutory appointment. Under some of the provisions … the Code, he receives special recognition. Sections 199(2), 225, 301(1), 301(2), 302, 308, 321, 377 and 386 … fair manner, heedful of the rights granted to the accused under the laws of the country including the Code. The Prosecutor, while being fully aware of his duty to prosecute the case vigorously and conscientiously, must also … trial in S.C. No. 239 of 2004 for the offences punishable under Sections 120-B, 143, 144, 147, 148 and 302 read with Section 3(2)(v) of
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
C.A. Pious Vs. the State of Kerala and anr.
Supreme Court of India
Sep-14-2007
Criminal
Uttar Pradesh Prisoners' Release on Probation Act, 1938; Indian Penal Code (IPC) - Sections 55 and 302; Code of Criminal Procedure (CrPC) , 1973 - Sections 432, 432(6), 433 and 433A; Kerala Prison Rules, 1958 - Rules 225, 225(2), 280A, 452B, 453, 455 and 461; Constitution of India - Articles 20(1), 72 and 161
AIR2007SC3221; 2007CriLJ4697; JT2007(11)SC344; 2007(4)KLT380(SC); 2007(11)SCALE123; (2007)8SCC312
High Court.5. Rule 280-A provides for suspension of sentence as empowered under Section 432(6) of the Code of Criminal Procedure, 1973 (in short 'Cr.P.C.') for the period of leave for the purpose of study. The special rules framed … Central Jail, Kannur in view of the conviction for offence punishable under Section 302 of the Indian Penal Code, 1860 (in short the IPC). He made a claim before the State Government that the Kerala Prison Rules, … substance in the stand of the State Government with reference to Rule 225(2) that the writ petitioner was not entitled to any relief. A writ
Tag this Judgment! AI Brief & AskManmohan Lal Sachdev and ors. Vs. State
Delhi
Apr-22-1999
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 225, 301 and 482
1999IVAD(Delhi)925; 79(1999)DLT734
be permitted to advance the arguments on the charge under the provisions of Section 225 and 301 of the Criminal Procedure Code, 1973 - It was held that the private counsel could not be permitted to advance the arguments, under … N.G.Nandi, J.1. In this petition under Section 482, Criminal Procedure Code (for the short 'Code') petitioners/accused have been challenging the order dated 4.12.1998 passed by learned Additional Sessions Judge,
Tag this Judgment! AI Brief & AskArun Kumar Agrawal and Another Vs. State of Karnataka and Others Overruled
Karnataka
Feb-27-1998
Constitution
Constitution of India - Articles 32 and 226; Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 5-A, 8(1), 41(1), 77, 154, 155, 156, 157, 190, 195 to 199 and 225; Prevention of Corruption Act, 1947; Foreign Exchange Regulation Act, 1973 - Sections 8, 9 and 61; Indian Companies Act, 1956 - Sections 209, 224(8) and 621; Code of Civil Procedure (CPC), 1908 - Sections 151 - Order 1, Rule 10; Sea Customs Act, 1878 - Sections 187-A; Gold Control Act, 1968 - Sections 97; Import and Export Control Act, 1947 - Sections 6; Income-tax Act, 1961 - Sections 271 and 279; Electricity Supply Act, 1948 - Sections 2(2), 4(A), 3, 15(A), 18(A), 28, 30, 31, 43-A and 77; Code of Criminal Procedure (CrPC) , 1861 - Sections 139; Indian Penal Code (IPC), 1860 - Sections 120-B, 406, 408, 409,
1999(1)KarLJ603
the prosecution. The legislature being aware of a provision like the one contained in Section 225 of the Criminal Procedure Code could have as well provided that in every trial before a special Judge the prosecution shall be conducted … commission, etc., during the years 1994-95 and 1995-96 in violation of Prevention of Corruption Act, the Indian Penal Code and FERA for the following reasons:(a) Bribes/kickbacks are considered a part of development cost internationally. (b) In foreign … the Income-tax Act, 1961, (e) Section 61 of the Foreign Regulation Act, 1973, (f) Section 621 of the Companies Act, 1956 and (g) Section 77
Tag this Judgment! AI Brief & AskNiranjan Singh Karam Singh Punjabi and ors. Vs. Jitendra Bhimraj Bijja ...
Supreme Court of India
Aug-07-1990
Criminal
Indian Penal Code (IPC), 1860 - Sections 147, 148, 149, 302 and 307; Bombay Police Act, 1951 - Sections 37; Code of Criminal Procedure (CrPC) , 1973 - Sections 225 to 235; Terrorist and Disruptive Activities (Prevention) Act, 1987 - Sections 2, 3(1), 4, 9, 11, 12 (1), 14, 16, 17, 18, 20 (1), 21, 22 and 28
AIR1990SC1962; 1990CriLJ1869; JT1990(3)SC408; 1990(2)SCALE193; (1990)4SCC76; [1990]3SCR633
of the Act had no application and discharged the accused on that count under Section 227 of the CrPC, 1973 (hereinafter called 'the Code'). By the said impugned order of 27th October, 1989 the case was ordered to … The procedure for trial before a Court of Sessions is set out in Chapter XVIII of the Code. Section 225 places the public prosecutor in charge of the conduct of the prosecution. Section 226 requires him to open … murder of one Raju alias Avtar Singh, son of the appellant of Criminal Appeal No. 703/89, and for injuries caused to his companion Keshav Vitthal,
Tag this Judgment! AI Brief & AskAll India Democratic Women's Association Vs. State and others
Chennai
Sep-30-1997
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 24, 225, 301, 301(2), 302 and 401; Indian Penal Code (IPC), 1860 - Sections 376
1998CriLJ2629
Inspector of Police 1985 LW (C) 219 Justice Sengottuvelan, J. stated as follows :-'There is no provision in the Criminal Procedure Code to implead a third party in a prosecution case. Section 301, Cr.P.C. provides for instructing a pleader to … filed by a private party does not give rise to any serious difficulty. Under S. 439 of the Code of Criminal Procedure (Old Code) the High Court has got ample powers and as a notice has also … principle, by indicating in various provisions, such as Sections 2(u), 24, 25, 225, 301 and 302. A survey of these provisions does indicate appointment of … Vaigai relied upon the decision in Pratap v. State of U.P., : 1973CriLJ565 in support of her contention that a third party like the Petitioner-Association
Tag this Judgment! AI Brief & AskState of Gujarat Vs. Rajubhai Dhamirbhai Bariya and ors.
Gujarat
Dec-26-2003
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 9(6), 154, 156, 157, 161, 225, 311, 327, 378, 386 and 391; Indian Penal Code (IPC), 1860 - Sections 302; Evidence Act, 1872 - Sections 137, 141, 142, 143 and 165
2004CriLJ771; (2004)1GLR404
rejected. Criminal - evidence - Sections 9 (6), 154, 156, 157, 161, 225, 311, 327, 378, 386 and 391 of Criminal Procedure Code, 1973, Section … as corroborative piece of evidence. The said application is filed under Section 391 read with Section 311 of the Criminal Procedure Code, 1973.2. As per the hope expressed by the Hon'ble Supreme Court, when the matter was placed before this … of evidence. The said application is filed under Section 391 read with Section 311 of the Criminal Procedure Code, 1973.2. As per the hope expressed by the Hon'ble Supreme Court, when the matter was placed before this
Tag this Judgment! AI Brief & AskState of Orissa Vs. Debendra Nath Padhi
Supreme Court of India
Feb-06-2003
Criminal
Prevention of Corruption Act, 1988 - Sections 13(1) and 13(2); Code of Criminal Procedure (CrPC) , 1973 - Sections 225 to 235, 240 and 482
AIR2003SC1512; 2003CriLJ1517; JT2003(3)SC469; (2003)2SCC711
is not exactly to be applied at the stage of Section 227 or 228 of the Code of Criminal Procedure, 1973. At this stage, even a very strong suspicion founded upon materials before the Magistrate, which leads him … very seriously contended that it was not permissible for the High Court acting under Section 482 of the Code to direct the Special Judge to examine any material which was not available to the court at the … acquittal of the accused. This is in brief the scheme of Sections 225 to 235 of the Code.'10. Almost similar is the view of this
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