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K.V. Baby Vs. Food Inspector and anr.

Court : Kerala

Subject : CriminalFood Adulteration

Acts : 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

Reported in : 1994CriLJ3421

by Magistrate, prescribed under Chapter XX of the Code of Criminal Procedure, 1973. The relevant provisions regarding the trial of summons cases by the Magistrate … 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 … under Section 242 of the Code, wherein evidence of the prosecution has to be taken first. Thereafter, under Section 243 of the Act, evidence for defence has to be taken. Under Section 243(2) of the Code, if the

Mahendra Singh and ors. Vs. State of Rajasthan

Court : Rajasthan

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 243(2), 319 and 482; Indian Penal Code (IPC) - Sections 302

Reported in : RLW2003(2)Raj849; 2002(3)WLN585

is dismissed after confirming the order dated 6.2.2002 passed by the learned Addl. Sessions Judge No. 2, Hanumangarh. Criminal Procedure Code, 1973 - Sections 243(2), 482--Summoning of defence witnesses--Many opportunities provided to accused to summon defence witnesses--Four of them … passed by the learned Addl. Sessions Judge No. 2, Hanumangarh. Criminal Procedure Code, 1973 - Sections 243(2), 482--Summoning of defence witnesses--Many opportunities provided to accused … order cannot be called/termed to be illegal and against the provisions of law.11. Proviso to Sub-clause 2 of Section 243 Cr.P.C. further makes it clear that no doubt Magistrate shall issue such process unless he considers that such

G. Someshwar Rao Vs. Samineni Nageshwar Rao and anr.

Court : Supreme Court of India

Subject : CriminalBanking

Acts : Negotiable Instruments Act, 1881 - Sections 138; Evidence Act, 1872 - Sections 45 and 73; Constitution of India - Article 21; Code of Criminal Procedure (CrPC) , 1973 - Sections 243 and 243(2)

Reported in : 2009(10)SCALE268; 2009(5)LHSC349

own merits. No hard and fast rule can be laid down therefor.10. Section 243 of the Code of Criminal Procedure, 1973 provides for grant of an opportunity to the defendant to lead evidence in his defence as also … Baskar (supra), this Court held as under:12. Section 243(2) is clear that a Magistrate holding an inquiry under CrPC in respect of an offence triable by him does not exceed his powers under Section 243(2) if, in

Onkar Lal Vs. State of Rajasthan

Court : Rajasthan

Subject : CriminalConsumer

Acts : Prevention of Food Adulteration Act, 1954 - Sections 7, 16 and 13(2)

Reported in : RLW2004(2)Raj934; 2003(4)WLC172

he was prejudiced in his defence. It may be mentioned here, that under Section 243 and 247 of the Criminal Procedure Code, the right to produce evidence in defence is made available to the accused after the prosecution has produced … the provisions contained in Sections 243/247 of the Code of Criminal Procedure, 1973. In our opinion, the law laid down in Ram Dayal's case (supra), … Rules do not take away right of accused to produce evidence in his defence under Section 247 of CrPC--Provision of Section 13(2) of P.F.A. Act is only directory in nature--In view of right to be defended and

Narayan Rajaram Wani Vs. the State of Maharashtra

Court : Mumbai

Subject : Food Adulteration

Reported in : (1978)80BOMLR356; 1978MhLJ679

a complete code in itself. We cannot ignore the fact that under Sub-section (2) of Section 243 of the Criminal Procedure Code, 1973, if the accused after he has entered upon his defence, applies to the Magistrate to issue any … that the application of the accused is not tenable under any law or under the provisions of the Code of Criminal Procedure. The Public Prosecutor concluded his objections by pointing out that if the accused wanted to

Prem Raj Vs. State of Rajasthan and ors.

Court : Rajasthan

Subject : Criminal

Acts : Evidence Act - Sections 137 to 161 and 165; Code of Criminal Procedure (CrPC) , 1973 - Sections 242, 242(3), 243, 311 and 482

Reported in : 1999CriLJ819; 1999(2)WLC89

A of the Chapter 19 is applicable. Section 242 of the Cr.P.C. deals with Evidence for the Prosecution. Section 243 of the Cr.P.C. deals with evidence for offence. Sub-section (3) of Section 242 of the Criminal Procedure Code, … the learned counsel for the petitioner and the learned Public Prosecutor.2. By this petition under Section 482 of the Criminal Procedure Code, 1973, learned counsel for the petitioner has prayed that the order dated 5th March, 1997 passed by the … Public Prosecutor.2. By this petition under Section 482 of the Criminal Procedure Code, 1973, learned counsel for the petitioner has prayed that the order dated

Sri Ranjit Kumar Bagchi Vs. the State of West Bengal and ors.

Court : Kolkata

Subject : PropertyCivil

Acts : West Bengal Land Reforms Act, 1955 - Sections 4(2A), 4(2C), 4A(3), 4B, 4B(3), 4C, 9, 9(6), 14H, 14N, 14O, 14T, 17, 18, 19, 19(1), 19(6), 19B(2), 23B(2), 49(4), 51A(4), 51A(5), 54 and 55; ;Code of Civil Procedure (CPC) - Section 96; ;Code of Criminal Procedure (CrPC) , 1973 - Sections 372, 374, 375 and 376; ;Income Tax Act, 1961 - Section 243; ;Companies Act, 1956 - Section 483; ;West Bengal Panchayat (Gram Panchayat Administration) Rules, 1981 - Rule 19; ;Companies Act, 1913 - Section 202; ;West Bengal Land Reforms (Amendment) Act, 1986; ;West Bengal Panchayat Act, 1973- Section 23

Reported in : (2005)2CALLT134(HC),2005(4)CHN396

the language used in Section 96 of the Code of Civil Procedure, Section 372 of the Code of Criminal Procedure, 1973 read with Sections 374, 375 and 376. Reference was also made to Section 243 of the Income … such appeal is available and such factor is absent in Section 54. As regards Section 96 of the Code of Civil Procedure though the learned Judge in the case of Bidya Bhusan Mahapatra (supra) recorded that language

P. Venka Reddy S/O Venkateswar Reddy Vs. the Senior Divisional Securit ...

Court : Andhra Pradesh

Subject : Criminal

Acts : Railways Act, 1989 - Sections 154; Prevention of Corruption Act - Sections 13(1) and 22; Evidence Act, 1872; Code of Criminal Procedure (CrPC) , 1973 - Sections 243

Reported in : 2009(5)ALT644

be relevant to notice that Section 22 of the Prevention of Corruption Act has amended the Code of Criminal Procedure, 1973. The said code in the modified form, with particular reference to Section 243 of the said code, … it will be relevant to notice that Section 22 of the Prevention of Corruption Act has amended the Code of Criminal Procedure, 1973. The said code in the modified form, with particular reference to Section 243 of

Basudev Purohit Vs. Republic of India and anr.

Court : Orissa

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 242(3), 243, 243(2), 243(3), 312 and 432; Code of Criminal Procedure (CrPC) , 1898 - Sections 251A(7); Orissa Criminal court witnesses (Payment Expenses) Rules, 1963 - Rule 3

Reported in : 1995CriLJ3867

A. Pasayat, J.1. In this application under Section 432 of the Code of Criminal Procedure, 1973 (in short, the 'Code') essentially two pointer have been reised ffor consideration. First relates to legality of … A. Pasayat, J.1. In this application under Section 432 of the Code of Criminal Procedure, 1973 (in short, the 'Code') essentially two pointer have … defence witnesses is concerned, it is the case of the petitioner the direction is against the sprit of Section 243(3) of the Code. According to the learned counsel for opposite party no. I the direction is in order,

Hiten Prasad Dalal and Others Vs. Abhay Dharmasi Narottam and Another

Court : Mumbai

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 161, 243, 313, 315 and 342-A; Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992 - Sections 6; Prevention of Corruption Act, 1988 - Sections 2, 13(1) and 13(2); Evidence Act, 1872 - Sections 10; Indian Penal Code (IPC), 1860 - Sections 120-B, 409, 411, 467, 468 and 471

Reported in : 1998(5)BomCR822; 1998BomCR(Cri)43

his defence on oath which the said accused No. 3 has sought as provided under section 315 of the Criminal Procedure Code. By and large the grounds for such opposition as contained in all these applications and/or reasons or justifications … Counsel for accused No. 2 submitted that section 315 of the Code has to be read along with section 243 of the Code. He submitted that section 243 empowers the Court to examine and scrutinize the application made … provisions as contained in section 315 of Cri.P.C. (hereinafter referred to as Code) its scope, amplitude, meaning, implications and consequences and which section gives the … case of Tribhuvan nath v. The State of Maharashtra, reported in A.I.R. 1973 S.C.p. 450 directly on the issue. However since 6 out of 12