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The State of Maharashtra Vs. Shri R.A. Chandawarkar and Other

Court : Mumbai

Subject : Criminal

Acts : Drug and Cosmetics Act, 1940 - Sections 16, 18, 20, 21(1 and 2), 23, 27 and 34; Code of Criminal Procedure (CrPC) , 1973 - Sections 244, 245, 246, 247 and 401; Drugs and Cosmetic Rules, 1945 - Rules 46 and 47; Bombay Prevention of Adulteration Act, 1925 - Sections 14 and 16

Reported in : 1999(5)BomCR519; 1999BomCR(Cri)519; (1999)3BOMLR394; 1999CriLJ4449; 1999(2)MhLj650

is stayed for a period of twelve weeks from today.Issuance of certified copy is expedited.84. Application dismissed. [A] Criminal Procedure Code, 1973 - Section 245(1) r/w Section 34 of the Drugs and Cosmetics Act, 1940 - Framing of charge … to cross-examination, has passed a detailed order under section 245(1) of the Code of Criminal Procedure, 1973 whereby the learned Additional Chief Metropolitan Magistrate had … 20 of the Drugs and Cosmetics Act, 1940?D. Whether there was any breach of the statutory provisions under section 23 of the Drugs and Cosmetics Act, 1940 as well as Rules 46 and 57 of the Drugs and

Gulam Abbas and ors. Vs. State of Uttar Pradesh and ors.

Court : Supreme Court of India

Subject : Constitution

Acts : Constitution of India - Articles 32, 137 and 141; Code of Criminal Procedure (CrPC) , 1973 - Sections 6, 8, 19, 20, 21, 22, 23, 26, 35, 106, 107, 129, 132, 133, 143, 144, 144(1), 144(2), 144(5), 145, 148, 397 and 476; Code of Civil Procedure (CPC), 1908 - Sections 11 - Order I, Rule 8; Bombay Police Act, 1951 - Sections 37; Uttar Pradesh Muslim Wakfs Act, 1936 - Sections 5(1), 5(2), 28, 29 and 38; Uttar Pradesh Muslim Wakfs (Amendment) Act, 1960 - Sections 28 and 29

Reported in : AIR1981SC2198; 1981CriLJ1835; 1981(3)SCALE1707; (1982)1SCC71; [1982]1SCR1077

derivative title. 23. The next question that arises for consideration is whether an Order made under Section 144 Criminal Procedure Code is judicial or quasi-judicial order or whether it is passed in exercise of an executive power in performance … Law Commission has been implemented to a great extent. The Law Commission in its 37th Report ion the CrPC 1898 made several recommendations in, this behalf to which we might usefully refer, At page, 15 of the … rendered infructuous and the controversy remained undecided. However, when in the year 1973 on the occasion of Barawafat the City Magistrate, Varanasi by his order

J.G. Sinkar and ors. Vs. State of Maharashtra and ors.

Court : Mumbai

Subject : Civil

Acts : Constitution of India - Articles 137, 145 and 226; Code of Civil Procedure (CPC), 1908 - Sections 141 - Order 47; Saurashtra Land Reforms Act, 1951; Code of Criminal Procedure (CrPC) , 1898 - Sections 369 and 424; Code of Criminal Procedure (CrPC) , 1973; Foreign Exchange Regulation Act, 1947 - Sections 23-C(1) and 23-C(2)

Reported in : AIR1981Bom184; 1981MhLJ18

same position has been reiterated in the amended Code of Criminal Procedure, 1973 (Act II of 1974). We do not think that this judgment can … the Supreme Court held that the controlling provisions are only those contained in Sections 369 and 424 of the Criminal Procedure Code of 1898. This section expressly takes away the right of any criminal Court either to alter or review … the nature of the proceeding before the Court? Is it civil, criminal or something entirely different Whether the Code of Civil Procedure applies to the proceeding before this Court? It appears that Section 141 of the Code … Supreme Court was considering its previous decision under the provisions of Section 23-C (1) of the Foreign Exchange Regulation Act, 1947. It had also interpreted

M. China Gopalakrishna Vs. the State of A.P. Rep. by Its Deputy Supdt. ...

Court : Andhra Pradesh

Subject : Criminal

Acts : Prevention of Corruption Act, 1988 - Sections 7, 10, 11, 13, 13(1), 13(2), 15, 17, 19 and 30(2); Prevention of Corruption Act, 1947 - Sections 5A and 6; Prevention of Corruption (Amendment) Act; Scheduled Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989 - Sections 23; Scheduled Castes and Schedule Tribes (Prevention of Corruption) Rules, 1995 - Rule 7; A.P. Forest Produce Transit Rules, 1970 - Rule 5(3); Code of Criminal Procedure (CrPC) , 1973 - Sections 8(1) and 239

Reported in : 2003(2)ALD(Cri)795; 2004CriLJ3892

the time when the offence was alleged to have been committed.(3) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),- (a) no finding, sentence or order passed by a special Judge shall be reversed … offence was alleged to have been committed.(3) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),- (a) no finding, sentence or … Pradesh, 2002(2) ALD(Crl) 206. In the said judgment a Division Bench of this High Court while dealing with Section 23 of Scheduled Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989 and Rule 7 held that the above

The State of Tamil Nadu and Another Vs. R. Gandhi, President, and Anot ...

Court : Chennai

Subject : Criminal

Acts : 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

Reported in : 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 … to be quashed by the writ 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 Taluk Tahsildars and Deputy Tahsildars including … 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

K.K.R. Nair Vs. Mohan Das and anr.

Court : Andhra Pradesh

Subject : Criminal

Acts : Contempt of Courts Act, 1971 - Sections 12, 12(1) and 23; Bombay Rents, Hotel and Lodging House Rates Control Act; West Bengal Premises Rent Control (Temporary Provisions) Act, 1950; Limitation Act, 1908 - Schedule - Article 182(2); Limitation Act, 1963; Contempt of Court Rules, 1980; Constitution of India - Articles 136, 215 and 227; Code of Civil Procedure (CPC), 1908 - Sections 2(2), 115 and 129 - Order 41, Rule 5(1); Code of Criminal Procedure (CrPC) , 1973

Reported in : 1990CriLJ1641

Constitution of India, Sections 2(2), 115, 129, Order 41 Rule 5(1) of Code of Civil Procedure, 1908 and Criminal Procedure Code, 1973 - writ petition against order of termination from service - petition allowed and order of termination quashed … the Act read with Arts 215 and 227 of the Constitution of India and S. 129 of the Code of Civil Procedure, framed the contempt of Court Rules, 1980 for short, 'the Rules', published in the Gazette … of the Act. This Court, in exercise of the power under S. 23 of the Act read with Arts 215 and 227 of the Constitution … the Supreme Court, the Judge or Judges has/have power and jurisdiction under Section 12 of the Act. The reason is obvious. In an appropriate case,

Daphira Wallang and Another Vs. Inspector of Customs HPU and Others

Court : Karnataka

Subject : Land Acquisition

from producing several exhibits and material objects. The statements of the accused were recorded under Section 313 of the Criminal Procedure Code, 1973 (Hereinafter referred to as ihe 'C.PC', for brevity). Thereafter, the prosecution and the accused having been heard, … record to superior official as well as exercise of Section 100 of CrPC was included by the legislature. The effect conferred upon the previously mandated … export from India to Netherland, Spain, UK, narcotic drug namely, Heroin and thereby committed  the offence punishable under Section 23(C) of NDPS Act? c) That on the said date, time and place accused No.1 and accused No. 2

Amery Pharmaceuticals and anr. Vs. State of Rajasthan

Court : Supreme Court of India

Subject : Criminal

Acts : Drugs and Cosmetics Act, 1940 - Sections 18A, 23(4), 25, 27 and 32A; Code of Criminal Procedure (CrPC) , 1973 - Sections 319 and 482; Evidence Act, 1872 - Sections 4; Indian Constitution - Article 21

Reported in : AIR2001SC1303; 2001(1)ALD(Cri)612; 2001(2)ALT(Cri)18; 2001CriLJ1686; 2001(2)Crimes33(SC); JT2001(3)SC497; 2001(2)SCALE483; (2001)4SCC382; [2001]2SCR449; 2001(2)LC1061(SC); (2001) 4 SCC 3824

- spurious drug - Sections 27 and 32A of Drugs and Cosmetics Act, 1940 and Section 482 of Criminal Procedure Code, 1973 - complaint filed against appellant for offences punishable under Section 27 - appellants moved to High Court … thereafter moved the High Court of Rajasthan under Section 482 of the Code of Criminal Procedure by focussing on the contention that there was non-compliance … send or give one portion of the sample to the appellants and thereby the mandatory provision contained in Section 23(4)(iii) of the Act was not complied with. The Sessions Judge repelled the said contention as well as certain

Mustufa Suleman Kuskiwala Vs. State of Gujarat

Court : Gujarat

Subject : Criminal

Acts : Essential Commodities Act, 1955 - Sections 3 and 7; Probation of Offenders Act, 1958 - Sections 4, 6 and 18; Prevention of Food Adulteration Act; Essential Commodities Act, 1958; Criminal Procedur Code , 1973 - Sections 360 and 361; Indian Penal Code; Gujarat Essential Article (Licence, Control and Stock Declaration), Order, 1981 - Sections 18(4), 18(7), 26 and 23

Reported in : (2007)3GLR2597

scheme of Section 360 read with Section 361 of Criminal Procedure Code, 1973. The appellant-accused shall execute the bond of good conduct before the concerned … learned Special Judge and as regards the conviction part is concerned, had granted benefit of Section 360 of Criminal Procedure Code to an accused who found guilty of the offence punishable under the Essential Commodities Act. In subsequent decision … given the benefit of Probation of Offenders Act under the provisions of Section 360 and 361 of the Code of Criminal Procedure, because though minimum punishment is prescribed for the offence held proved against the accused, there … sentence passed by the learned Additional Sessions Judge, Sabarkantha at Himmatnagar, on 23rd March, 1995, in Summary (Criminal Case) No. 11 of 1987 whereby the

Shantibhai J. Vaghela and anr. Vs. State of Gujarat and ors.

Court : Supreme Court of India

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 304, 304A, 299, 300; Juvenile Justice (Care and Protection) Act, 2000 - Section 23; Code Of Criminal Procedure (CrPC), 1973 - Section 160

304, 304A, 299, 300; Juvenile Justice (Care and Protection) Act, 2000 - Section 23; Code Of Criminal Procedure (CrPC), 1973 - Section 160 -- While the aforesaid inquiry/investigation was continuing, the appellants - Shantibhai J. Vagehla and Prafulbhai … AM of 04.07.2008. In the course of the aforesaid inquiry/investigation summons under Section 160 of the Code of Criminal Procedure were issued to Journalists of different newspapers as well as the electronic media to gather information with regard