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P.N. Udani Vs. Corporation of Chennai Rep. by Its Assistant Engineer, ...

Court : Chennai

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 482; Madras City Municipal Corporation Act, 1919, Sections 236, 239(2) and 244A; Development Control Rules; Tamil Nadu Town and Country Planning Act

Reported in : 2000(2)CTC226

the file of learned XX Metropolitan Magistrate, Chennai has-preferred the petition under section 482 of the Code of Criminal Procedure, to quash the, proceedings.2. The case in brief is as follows:-The petitioner is the owner of property situated … XX Metropolitan Magistrate, Chennai has-preferred the petition under section 482 of the Code of Criminal Procedure, to quash the, proceedings.2. The case in brief is … respondent. When W.P.No.7685 of 1998 was filed, the petitioner has stated that the respondent has issued notice under Section 236 of the City Municipal Corporation Act (hereinafter referred to as 'the acts') stating that the requirements have not

K. Neelakanta Rao and Another Vs. State of Andhra Pradesh

Court : Andhra Pradesh

Subject : Customs

Acts : Customs Act, 1962 - Sections 111, 112-A and 135; Code of Criminal Procedure (CrPC) , 1973 - Sections 236, 273, 403 and 482; Foreign Exchange Regulation Act, 1973 - Sections 13 and 67; Sea Customs act, 1878 - Sections 167; Imports and Export (Control) Act, 1947 - Sections 5; Constitution of India - Article 20(2)

Reported in : 2000(4)ALD540; 2000(1)ALD(Cri)751; 2001(74)ECC554; 2000(122)ELT7(AP)

reference to Section 403 of Cr.PC and held as follows:'in order to get the benefit of Section 403, Criminal Procedure Code or Article 20(2), it is necessary for an accused person to establish that he had been tried by … as follows:'in order to get the benefit of Section 403, Criminal Procedure Code or Article 20(2), it is necessary for an accused person to establish … read with Sections 13 and 67 of the Foreign Exchange Regulation Act, 1973 and also liable to pay penalty in respect of the same.3. Thus, … other offence for which a different charge from the one made against him might have been made under Section 236 or for which he might have been convicted under Section 273. It has been repeatedly held by this

Priya Sharan Maharaj Alias Yadavendra Parashar and Others Vs. State of ...

Court : Mumbai

Subject : Criminal

Acts : Constitution of India - Article 21; Indian Penal Code (IPC), 1860 - Sections 34, 71, 109, 114, 218, 363, 366, 376, 392, 409, 420 and 477A; Code of Criminal Procedure (CrPC) , 1973 - Sections 157, 161, 173, 211, 212, 216, 217, 218, 219, 220, 221, 222, 223, 226, 227, 228, 229, 230, 231, 232, 233, 234, 234(1), 235, 235(1), 236, 237, 239, 253, 253(1), 254, 255, 256, 257, 258, 277, 325, 349, 360, 397, 397(1), (2) and (3), 464 and 482

Reported in : 1995CriLJ3683

acquittal, discharge or conviction. So far as the Code of Criminal Procedure, 1973 is concerned, it has got a wide and diverse area of jurisdiction … Code, viz. Section 219, (corresponding old Section 234), Section 220, (corresponding old Section 235), Section 221, (corresponding old Section 236) and Section 222, (corresponding old Section 237). 15. Section 219, of the Code of Criminal Procedure reads as … order, the present revision is not tenable as it is barred under the provision of section 397(2) of the Criminal Procedure Code. A reliance has been placed on the case of V. C. Shukla v. State through C.B.I. : 1980CriLJ690 … charged for the offence punishable under S. 376 of the Indian Penal Code (on five occasions) and other applicants were charged for the offences punishable

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. … under the Constitution for establishing an independent judiciary is very clear. Article 236(b) defines 'judicial service' to mean district Judges and Judges subordinate thereto. under

Anna Reddy Sambasiva Reddy and ors. Vs. State of Andhra Pradesh

Court : Supreme Court of India

Subject : Criminal

Acts : Indian Penal Code (IPC) - Sections 34, 114, 149, 302, 307, 307, 326 and 341; Code of Criminal Procedure (CrPC) , 1898 - Sections 210(2), 221 to 223, 225, 226, 227, 228, 232, 233, 234, 235, 236, 237, 238, 251A(4), 535 and 537; Code of Criminal Procedure (CrPC) , 1973 - Sections - 215, 216, 218, 221, 313 and 464

Reported in : 2009(3)LHSC1878; 2009AIRSCW4091; AIR2009SC2661; 2009(57)BLJR2609; 2009(6)SCALE223; 2009(6)LC2718(SC)

in respect of the particular offence. Such a case is not covered by Sections 236 and 237 of the Criminal Procedure Code. The framing of a specific and distinct charge in respect of every distinct head of criminal liability constituting … legal position holds good after enactment of the Code of Criminal Procedure, 1973 as well in the light of Sections 215, 216, 218, 221 and … show that the accused formed unlawful assembly. The learned Counsel invited our attention to Section 464 of the Code of Criminal Procedure and submitted that in the present case, neither in the grounds of appeal before this

Smt. Padma Sahu Vs. State of Orissa and anr.

Court : Orissa

Subject : Criminal

Acts : National Security Act, 1980 - Sections 3(2) and 12(1); Code of Criminal Procedure (CrPC) , 1973 - Sections 110; Constitution of India - Article 236

Reported in : 88(1999)CLT461; 1999CriLJ4269

were given at the police station implicating the detenu. A case under Section 110 of the Code of Criminal Procedure, 1973 (in short,'Cr.P.C.') was registered against the detenu. Though detenu has been described as anti social with ill … implicated reports were given at the police station implicating the detenu. A case under Section 110 of the Code of Criminal Procedure, 1973 (in short,'Cr.P.C.') was registered against the detenu. Though detenu has been described as anti … A. Pasayat, Actg. C.J.1. In this application for habeas corpus under Article 236 of the Constitution of India, 1950 (in short, the 'Constitution'), Padma Sahu,

Col. B.S. Sarao Vs. Securities and Exchange Board of India

Court : Delhi

Subject : CompanyCriminal

Acts : Securities and Exchange Board of India Act, 1992 - Sections 11, 11AA, 11B, 11C, 12(1B), 24(1), 27 and 27(1); Negotiable Instruments Act 1881 - Sections 138 and 141; Companies Act, 1956; Code of Criminal Procedure (CrPC) , 1973 - Sections 482; Securities and Exchange Board of India (Collective Investment Schemes) Regulations, 1999 - Regulations 5(1), 68(1), 68(2), 73, 73(1) and 74;S.D. Bhattacharya v. SEBI and Ors. C.W. No. 3352 of 1998; Pepsi Foods v. Special Judicial Magistrate AIR 1998 SC 128; S.M.S. Pharmaceuticals v. Neeta Bhalla AIR 2005 SC 3512; G.S. Rajgarhia v. Air Force Naval Housing Board 2004 (3) JCC (NI) 236; Everest Advertising Pvt. Ltd. v. State 2005 (4) LRC 95 (Del); Mahender Prasad Singh Ratra v. N.K. Metals 75 (1998) DLT 155; N. Rangachari v. Bharat Sanchar Nigam Ltd

Reported in : [2008]143CompCas541(Delhi); (2008)3CompLJ242(Del); [2009]89SCL137(Delhi)

ORDERS. Muralidhar, J.1. These petitions under Section 482 of the Code of Criminal Procedure, 1973 (`CrPC') seeking the quashing of criminal complaints filed against several plantation companies by the Securities and Exchange … Pharmaceuticals v. Neeta Bhalla : 2005CriLJ4140 , G.S. Rajgarhia v. Air Force Naval Housing Board 2004 (3) JCC 236, Everest Advertising Pvt. Ltd. v. State 2005 (4) LRC 95 (Del) and Mahender Prasad Singh Ratra v. N.K.

Tirumala Devi Eada and Others Vs. the State of Andhra Pradesh, Law (La ...

Court : Andhra Pradesh

Subject : Education

(4), Karnataka Administrative Services (Tahsildars) Recruitment (Special) Rules 1975, Bar Council of India Rules 1975 - Rule 49, Criminal Procedure Code 1973 - Sections 24, 25 and 25(1), A.P. State Prosecution Service Rules 1992 - Rules 3 to 8, … the proviso to Article 309 of the Constitution of India read with Sections 24 and 25 of the Code of Criminal Procedure, 1973. There are seven categories of posts in A.P. State Prosecution Service in which the … service mentioned therein is the service pertaining to Courts. That apart, Art. 236 (2) defines the expression "judicial service" to mean a service consisting exclusively … A.P. State Gazette is immaterial. At the outset, we may refer to Section 8 of the Information Technology Act, 2000: “8. Publication of rule, regulation,

Jodhraj Baid Vs. State of Mizoram and ors.

Court : Guwahati

Subject : Criminal

Acts : Prevention of Corruption Act, 1988 - Sections 3, 3(2), 5, 7, 12, 13(1) and 13(2); Terrorist and Disruptive Activities (Prevention) Act, 1987 - Sections 9, 9(4) and 9(6); Code of Criminal Procedure (CrPC) , 1973 - Sections 1(2), 3, 3(4), 3(5), 6 to 7, 9, 9(2), 9(3), 9(5), 10 to 15, 20, 20(1), 24, 25, 28, 29(1), 32, 33, 154 to 164, 169 to 173, 175 to 176, 199, 237, 375, 376, 436, 438 to 450; Indian Penal Code (IPC) - Sections 120B; Administer Justice Rules, 1937 - Rules 1, 2, 8, 9, 10, 11, 14, 14A, 15 and 19; Administration of Justice Rules, 1953 - Rule 9; Administrative of Justice Rules, 1953; Mizoram Judicial Service Rules, 1986; Mizoram Judicial Service (Amendment) Rules, 1989; Constitution of India - Articles 21, 32, 50, 217(1), 217(2), 226, 233, 233(1), 233(2), 234, 235, 236, 237, 309

variety of offices which are connected with the administration of justice in one way or the other. Under the Criminal Procedure Code, 1973 powers on Judicial Magistrate can be conferred on any person who holds or has held any office … Sessions Judge or an Additional Sessions Judge or an Assistant Sessions Judge under the Code of Criminal Procedure, 1973. Section 5 of the Act prescribes the procedure and powers of the Special Judge and he is to follow … or an Additional Sessions Judge or an Assistant Sessions Judge under the Code of Criminal Procedure, 1973.Thus it will be seen that a person shall … 5 belongs is not a 'Judicial Service' within the meaning of Article 236(b) of the Constitution.Reacting to the interpretation in respect of Section 3(5) of

Jonnalagadda Samrajyam and ors. Vs. Registrar, the Special Court Const ...

Court : Andhra Pradesh

Subject : Property

Acts : Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 - Sections 1(3), 1(3A), 2, 3, 4, 5, 7, 7A, 8, 8(1), 8(2), 8(8), 9, 10, 11, 12, 13, 14, 15, 17, 17A, 17B, 21; Societies Registration Act, 1860; Andhra Pradesh Charitable and Hindu Religious Endowments Act, 1966 - Sections 76(1); Urban Land Ceiling and Regulation Act, 1976 - Sections 2; Criminal Procedure code 1973 - Sections 12; Indian Penal Code (IPC) - Sections 9, 13, 14 and 21; Societies Registration Act, 1860; Companies Act; Indian Succession Act - Sections Sections 223, 236 and 276; Code of Civil Procedure (CPC) , 1908; Andhra Pradesh Civil Courts Act, 1972; Andhra Pradesh Land Grabbing (Prohibition) Rules - Rule 15; Andhra Pradesh Land Grabbing (Prohibition) Act 2006; Constitution of India - Articles 141, 226 and 227

Reported in : 2006(6)ALD176; 2006(5)ALT690

Procedure, 1908 Central Act 5 of 1980 [the Code of Criminal Procedure, 1973] or in the Andhra Pradesh Civil Courts Act, 1972, Act 9 of … 11 confers power on the Special Court to try the offences notwithstanding anything contained in the Code of Criminal Procedure. Section 12 prohibits other criminal Courts from taking cognizance of an offence punishable under the Act, except with … proof. Section 11 confers power on the Special Court to try the offences notwithstanding anything contained in the Code of Criminal Procedure. Section 12 prohibits other criminal Courts from taking cognizance of an offence punishable under the … resisted that application was not maintainable. Having regard to Sections 223 and 236 of the Indian Succession Act, which expressly prohibit grant of a probate