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K.V. Baby Vs. Food Inspector and anr.
Kerala
Mar-09-1994
CriminalFood Adulteration
Prevention of Food Adulteration Act, 1954 - Sections 2B, 13, 13(1), 13(3), 13(5), 20, 243 and 254; Evidence Act, 1872 - Sections 4; Code of Criminal Procedure (CrPC) , 1973 - Sections 233, 233(3), 234(3), 238 to 243, 243(2), 243(3), 244 to 250, 251 to 259, 311, 312 and 482; Code of Criminal Procedure (CrPC) , 1898 - Sections 216 and 244; Indian Penal Code (IPC) - Sections 272 to 276; Kerala Criminal Practice Rules, 1982 - Rules 206, 207, 210, 210(2) and 210(4); Service Rules
1994CriLJ3421
them at the expense of the State. But in respect of trial before a Court of Session, under Section 233 of the Code of Criminal Procedure, 1973, there is no such corresponding provision like Section 243(3) and Section … petitioner/accused has questioned the validity of the said order in this proceedings under Section 482 of Code of Criminal Procedure.3. According to the petitioner, the direction issued by the trial Court to pay the batta to summon the … validity of the said order in this proceedings under Section 482 of Code of Criminal Procedure.3. According to the petitioner, the direction issued by the
Tag this Judgment! AI Brief & AskKammari Brahmaiah and ors. Vs. Public Prosecutor, High Court of A.P.
Supreme Court of India
Feb-03-1999
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 225, 232, 233, 237, 238, 255(1), 271(1), 313, 464, 535 and 537; Indian Penal Code (IPC), 1860 - Sections 34, 114, 148, 149, 302 and 325
AIR1999SC775; 1999(1)ALD(Cri)366; 1999(1)ALT(Cri)143; 1999CriLJ1134; JT1999(1)SC259; 1999(1)SCALE235; (1999)2SCC522; [1999]1SCR361
535 and 537 are combined as Section 464 in Criminal Procedure Code 1973) and observed that 'the Code is a code of procedure and, like … under Section 302 read with 149,5. For deciding this contention, we would first refer to Section 464 of the Criminal Procedure Code which reads as under :Effect of omission to frame, or absence of , or error in, charge - … contention, we would first refer to Section 464 of the Criminal Procedure Code which reads as under :Effect of omission to frame, or absence of … to be observed that Section 535 of the Code is mandatory in its terms, just as mandatory as Section 233. If it be accepted that an absence of a charge would, but for its provisions, render a conviction
Tag this Judgment! AI Brief & AskK. Moidu Vs. State of Kerala
Kerala
Jun-26-2009
Criminal
Kerala High Court Act - Sections 3; Code of Criminal Procedure (CrPC) , 1973 - Sections 227, 228, 231, 232, 232(1), 233, 233(1), 233(3), 234, 243, 243(1), 247, 313, 342, 465 and 537; Code of Criminal Procedure (CrPC) , 1898 - Sections 289, 289(1), 289(2), 289(3), 289(4) and 290; Indian Penal Code (IPC) - Sections 306
2009CriLJ4045; 2009(2)KLJ744
by a Sessions Court after closing fee evidence of the prosecution under Section 231 of the Code of Criminal Procedure, 1973 (for short 'the Cr.PC.') and before proceeding to hear arguments under Section 234 Cr.P.C? What is the … after closing fee evidence of the prosecution under Section 231 of the Code of Criminal Procedure, 1973 (for short 'the Cr.PC.') and before proceeding to … 'called upon to enter on his defence and adduce any evidence he may have in support thereof under Section 233(1) Cr.P.C. The learned Counsel argues that these stipulations of Sections 232 and 233 Cr.P.C. are mandatory. The breach
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Ali Vs. State of Kerala
Kerala
Mar-15-2001
NarcoticsCriminal
Narcotic Drugs and Psychotropic Substances Act, 1985 Sections 21; Code of Criminal Procedure (CrPC) , 1973 - Sections 233 and 313
2001(2)ALT(Cri)25
unless wanted for some other case. Criminal - right to enter defence - Sections 233 and 313 of Criminal Procedure Code, 1973 and Section 21 of Narcotic Drugs and Psychotropic Substances Act, 1985 - discrepancies coupled with absence of … for some other case. Criminal - right to enter defence - Sections 233 and 313 of Criminal Procedure Code, 1973 and Section 21 of Narcotic Drugs and Psychotropic Substances Act, 1985 - discrepancies coupled with absence of
Tag this Judgment! AI Brief & AskSopan Namdeo Hadke Vs. the State of Maharashtra
Mumbai
Feb-04-1985
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 91, 227, 228 and 233
(1985)87BOMLR282; 1985MhLJ505
during the course of the prosecution evidence itself unless for the contingency as envisaged herein above.21. Rule discharged. Criminal Procedure Code, 1973 (II of 1974), Sections 227, 228, 91, 173(5), 209, 207, 233 - Case instituted on police report … if the documents cannot be used till the accused is called upon to enter on his defence under Section 233 of the Code of Criminal Procedure in the Sessions Court at which point of time he is entitled … scope of provisions contained in Ss. 91, 227 and 228 of the Code of Criminal Procedure and the facts of the case, His Lordship proceeded.)7.
Tag this Judgment! AI Brief & AskJagriti Devi Vs. State of H.P.
Supreme Court of India
Jul-06-2009
Criminal
Indian Penal Code (IPC), 1860 - Sections 299, 300, 302 and 304; Code of Criminal Procedure (CrPC) , 1973 - Sections 233 and 313
AIR2009SC2869; JT2009(8)SC648; 2009(9)SCALE48; 2009AIRSCW5206; 2009(4)LHSC2727
recording of evidence of the prosecution witnesses, the accused-appellant was examined under Section 313 of the Code of Criminal Procedure, 1973 (for short 'the CrPC'). In the said examination, the accused-appellant did not deny having caused fatal injuries … the deceased in exercise of her right of private defence. The accused-appellant also filed a written statement under Section 233 of the Cr.PC in which she stated that on the fateful day, there was altercation between her and
Tag this Judgment! AI Brief & AskSmt. Mallamma Vs. the State of Karnataka
Karnataka
Nov-07-2003
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 66, 233 and 482
ILR2004KAR157
attendance of the witness - Dr. Krishnappa and then proceed with the case in accordance with law. (A) CRIMINAL PROCEDURE CODE, 1973 (CENTRAL ACT No. 2 OF 1974) - SECTIONS 66, 233 --BAILABLE WARRANT -- Returned with endorsement that … then proceed with the case in accordance with law. (A) CRIMINAL PROCEDURE CODE, 1973 (CENTRAL ACT No. 2 OF 1974) - SECTIONS 66, 233 --BAILABLE … of murder, in addition to other charges. At this stage it is necessary to quote the provisions of Section 233(3) of Cr.P.C.'If the accused applies for the issue of any process for compelling the attendance of any witness
Tag this Judgment! AI Brief & AskOmprakash Shivprakash Vs. K.i. Kuriakose and ors.
Kerala
Jun-10-1999
CriminalFood Adulteration
Prevention of Food Adulteration Act - Sections 2, 7, 14, 16(1), 19 and 20; Prevention of Food Adulteration Rules - Rules 44 and 80; Code of Criminal Procedure (CrPC) , 1974 - Sections 20, 233 to 239, 240, 244, 246, 319(1), 319(3) and 482
1999CriLJ3836
in Sub-section (3) of Section 319 of the Code of Criminal Procedure, 1973 (2 of 1974), or in Section 20 proceed against him as though … of accused persons in accordance with the provisions of the old Sections 233 - 239 of Criminal Procedure Code. On the other hand, there seems … a two judge bench of the Supreme Court, while considering the commencement of trial under general provisions of the Criminal Procedure Code, has no application to the commencement of trial of a case for the purpose of the special provision … petition before the Court under Section 19 of the Food Adulteration Act and under Section 319 of the Code of Criminal Procedure, seeking to implead the petitioner herein, as an accused in the case. The learned Magistrate,
Tag this Judgment! AI Brief & AskNyaju Niyaj Mohd. Vs. State of M.P.
Madhya Pradesh
Sep-15-1999
CriminalConstitution
Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 - Sections 5 and 8; Code of Criminal Procedure (CrPC) , 1973 - Sections 233(3), 252, 253, 254 and 254(1); Constitution of India - Articles 19 and 21
2000CriLJ768
said proceedings are to be conducted so far as possible in accordance with the procedure laid down by the Criminal Procedure Code, 1973 (hereinafter referred to as 'the Code'). Same words have been used in Sub-section (3) of Section 233 … to be conducted so far as possible in accordance with the procedure laid down by the Criminal Procedure Code, 1973 (hereinafter referred to as 'the Code'). Same words have been used in Sub-section (3) of Section 233
Tag this Judgment! AI Brief & AskMd. Sayeed Vs. the State of Jharkhand Through Superintendent of Police ...
Jharkhand
Apr-12-2006
Criminal
Prevention of Corruption Act, 1988 - Sections 22A; Code of Criminal Procedure (CrPC) , 1973 - Sections 233, 315 and 482
2006CriLJ4498; [2006(3)JCR282(Jhr)]
5(A)/2000 suffer from legal infirmities, contrary to the provisions of Sections 233 and 315 of the code of Criminal Procedure, 1973, apart from violation of principle of natural justice. Fair and impartial trial gives legal right to the … Case No. 5(A)/2000 suffer from legal infirmities, contrary to the provisions of Sections 233 and 315 of the code of Criminal Procedure, 1973, apart from violation of principle of natural justice. Fair and impartial trial gives legal … D.K. Sinha, J.1. The petitioner Md. Sayeed has preferred this petition under Section 482 Cr.P.C. for quashing/ setting aside the impugned orders dated 23.8.2005, 21.12.2005
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