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Kammari Brahmaiah and ors. Vs. Public Prosecutor, High Court of A.P.

Court : Supreme Court of India

Subject : Criminal

Acts : 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

Reported in : 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 … the larger bench has elaborately discussed the provisions of Section 232, 233, 237 238, 535 & 537 of the Criminal Procedure Code 1898 (Section 232, … 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 - … 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 -

Dineshbhai Harishbhai Sonkusare Vs. State of Gujarat

Court : Gujarat

Subject : Criminal

Acts : 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

Reported in : 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 … J.R. Vora, J.1. 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 of 2002 pending before Learned Principal

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 … 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 : '(1) When a person is accused … 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

Shamurailatpam Gopal Sharms Vs. Public Prosecutor (Districts), Manipur ...

Court : Guwahati

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 420, 499, 500 and 501; Code of Criminal Procedure (CrPC) , 1973 - Sections 197, 199(2), 237(1), 245(2) and 482; Constitution of India - Article 164

the learned Sessions Judge for his discharge under Section 245(2) read with Section 237(1) of the Code of Criminal Procedure, 1973 and questioned the legality and validity of the continuance of the said proceeding. Before the learned Sessions … application before the learned Sessions Judge for his discharge under Section 245(2) read with Section 237(1) of the Code of Criminal Procedure, 1973 and questioned the legality and validity of the continuance of the said proceeding. Before

Shamurailatpam Gopal Sharms Vs. Public Prosecutor (Districts), Manipur ...

Court : Guwahati

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 420, 499, 500 and 501;; Code of Criminal Procedure (CrPC) , 1973 - Sections 197, 199(2), 237(1), 245(2) and 482;; Constitution of India - Article 164

the learned Sessions Judge for his discharge under Section 245(2) read with Section 237(1) of the Code of Criminal Procedure, 1973 and questioned the legality and validity of the continuance of the said proceeding. Before the learned Sessions … application before the learned Sessions Judge for his discharge under Section 245(2) read with Section 237(1) of the Code of Criminal Procedure, 1973 and questioned the legality and validity of the continuance of the said proceeding. Before

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 … the High Court Judge. It would be useful to refer to Article 237 of the Constitution of India.237. Application of the provisions of this Chapter

Universal Music India Ltd. and anr. Vs. Union of India (Uoi)

Court : Delhi

Subject : Intellectual Property Rights

Acts : Companies Act, 1956 - Sections 4D, 10A to 10D, 79, 111(4), 237, 397, 398, 399, 399(1), 399(2), 399(3), 399(4), 399(5), 401, 402 and 642; Copyright Act, 1957 - Sections 33; Industrial Disputes Act, 1947 - Sections 10; Code of Civil Procedure (CPC) - Sections 86, 92, 92(1) and 92(2); Code of Criminal Procedure (CrPC) , 1973 - Sections 195 and 197; Companies (IInd Amendment) Act, 2003 - Sections 44; Constitution of India - Article 226; Army Act, 1950 - Sections 19; Army Rules, 1954 - Rule 14; Land Acquisition Act - Sections 17(4); Foreign Exchange Regulation Act; Electricity Act, 1910 - Sections 4(1); Border Security Force Act, 1968; Bombay Provincial Municipal Corporation Act, 1949; Minimum Wages Act, 1948 - Sections 5(1); Arbitration and Conciliation Act, 1996 - Sections 11, 11(4),

Reported in : [2008]87SCL51(Delhi)

of Section 195 and Chapter XVI of the Code of Criminal Procedure, 1973 and every proceeding before the Bench shall be deemed to a judicial … of Sections 193 and 228 of the Indian Penal Code and for the purposes of Section 196 of the Criminal Procedure Code.18. It is noteworthy that Sub-section 5 of Section 10E specifically provides that, without prejudice to the provisions … several comparable statutory provisions which inter alia, include, Section 92 of the Code of Civil Procedure; Section 10 of the Industrial Disputes Act, 1947; Section … by the legislative in Section 399(4).28. It is noteworthy that the statutory scheme contains a similar power under Section 237 of the Companies Act. This section again empowers the Central Government to appoint investigators to investigate the force

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 … 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 … Procedure, 1898 and observed:29. We do not agree with either view. In our opinion, the cases contemplated by Section 237 are just as much a departure from Section 233 as are those envisaged in Sections 225, 226, 227,

Shimbu Imports and Exports (Private) Limited (In Liquidation) Vs. Avin ...

Court : Karnataka

Subject : Company

Acts : Companies Act, 1956 - Sections 2(11), 10, 193, 194, 237, 391, 394, 395, 397 to 407, 425 to 560, 622, 624 and 629; Companies (Amendment) Act, 1960; Companies Act, 1913 - Sections 171; Companies (Court) Rules, 1959 - Rule 9; Code of Criminal Procedure (CrPC) , 1898; Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 4 and 26; Indian Penal Code (IPC), 1860

Reported in : 2007(4)KarLJ583

is held as follows.--Under Section 4 of the Code of Criminal Procedure, 1973, the general law is that all offences under the Indian Penal Code, … an offence unless it is authorised by law and in view of the provisions of Section 4 of the Criminal Procedure Code, the provisions of Criminal Procedure Code would be applicable for trial of offence under the Indian Penal Code … any offence against this Act and Section 624 of the Act, which stipulates that notwithstanding anything in the Code of Criminal Procedure, 1898 (5 of 1898), every offence against this Act shall be deemed to be non-cognizable … being the jurisdiction conferred.-- (a) in respect of companies generally, by Sections 237, 391, 394, 395 and 397 to 407, both inclusive;(b) in respect of

State of U.P. and ors. Vs. Smt. Janki Devi Pal

Court : Supreme Court of India

Subject : Constitution

Acts : Uttar Pradesh Kshetra Panchayat and Zila Panchayat Adhiniyam, 1961 - Sections 2, 16, 29 and 237; Uttar Pradesh Kshetra Panchayat and Zila Panchayats (Removal of Pramukhs, Up-Pramukhs, Adhyakshas and Upadhyakshas) Enquiry Rules, 1977 - Rule 4, 4(1); Constitution of India - Article 136; Code of Criminal Procedure (CrPC) , 1973 - Sections 20, 23, 23(1) and 23(2)

Reported in : AIR2003SC1825; JT2003(2)SC201; 2003(2)SCALE201; (2003)3SCC117; [2003]1SCR1075; (2003)1UPLBEC908

'District Magistrate' has been defined to mean 'the district magistrate appointed under Section 20 of the Code of Criminal Procedure, 1973. Section 20 of the Code Criminal Procedure, 1973' contemplates the State Government appointing as many persons as … defined to mean 'the district magistrate appointed under Section 20 of the Code of Criminal Procedure, 1973. Section 20 of the Code Criminal Procedure, 1973' … and Upadhyakshas) Enquiry Rules, 1977 (hereinafter 'Enquiry Rules', for short) framed in exercise of the powers conferred by Section 237 read with Section 16 and 29 of the act provide as under:ActSection 29. "Removal of Adhyaksha or Upadhyaksha.