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Associated Cement Co. Ltd. Vs. Keshvanand

Court : Supreme Court of India

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 247, 249 and 256; Code of Criminal Procedure (CrPC) , 1898 - Sections 247; Indian Penal Code (IPC) - Sections 11

Reported in : 1998IAD(SC)69; AIR1998SC596; 1998(1)ALD(Cri)374; IV(2007)BC153(SC); [1998]91CompCas361(SC); 1998CriLJ856; 1998(1)Crimes88(SC); JT1998(4)SC268; (1998)119PLR812; RLW1998(1)SC

of acquittal was passed. Criminal - non-appearance of complainant - Sections 247, 249, 256, 386 and 401 of Criminal Procedure Code, 1973, Sections 247 and 259 of Criminal Procedure Code, 1898 and Section 11 of Indian Penal Code, 1860 … necessary, the Magistrate may dispense with his attendance and proceed with the case.' 15. Section 256 of the CrPC, 1973 (for short 'the new Code') is the corresponding provision to Section 247 of the old Code. The main

Kushal Kumar Talukdar Vs. Chandra Prasad Goenka

Court : Guwahati

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1974 - Sections 256 and 302; Negotiable Instruments Act, 1881 - Sections 138

recommendations, Section 256, which finally emerged under the Code of Criminal Procedure, 1973. reads as follows :'256. Non-appearance or death of complainant.- (1) If the … to note that Section 256, as it exists today, is an outcome of several material changes introduced into Section 247 of the Code of Criminal Procedure, 1809. Section 247, as it, originally, appeared in the old Code i.e., … easy way out must give way to judicial justness.45. On an examination of all the relevant provisions of the Criminal Procedure Code, the proposition that criminal proceedings abate on the death of the complainant appears to be legally unfounded and … of the N.I. Act, is legally sustainable under Section 256 of the Code of Criminal Procedure?6. The above question, in turn, brings us to a

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

The State of Maharashtra Vs. Chandrakant Annappa Shyanbhag and anr.

Court : Mumbai

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 244, 245, 246 and 247; Railway Property (Unlawful Possession) Act, 1966 - Sections 3; Railway Protection Force Act, 1957 - Sections 20(1), 20(2) and 20(3); Constitution of India - Article 21(5)

Reported in : 1993(2)BomCR211

(2) and 20 (3) of Railway Protection Force Act, 1957 and Sections 244, 245, 246 and 247 of Criminal Procedure Code, 1973 - question whether an act complained of is one purported to be done in execution of his … a case filed on a private complaint and is triable as a warrant case. Chapter XIX of the Code of Criminal Procedure deals with trial of warrant cases. Sections 238 to 243 provide for procedure in respect … original accused Nos. 1 and 3 are convicted for an offence under section 3 of the Railway Property (Unlawful Possession) Act, 1966 (hereinafter referred to,

Babu Rao, Mysore District. Vs. Nanjunda Settaru Mysore District

Court : Karnataka

Subject : Criminal

Acts : Negotiable Instruments Act, 1881 - Sections 138, 142; Code Of Criminal Procedure (CrPC) 1973 - Sections 256, 200, 302(2)

allowed in part. [ANAND BYRAREDDY, J.] Negotiable Instruments Act, 1881 - Sections 138, 142; Code Of Criminal Procedure (CrPC) 1973 - Sections 256, 200, 302(2) -- The complainant, however, died soon thereafter. The complainants son filed an application … sub-section (2) of Section 256 introduced in the Code of 1973. Sub-section (1) more or less corresponds to Section 247 of the old Code. In a summons case, when the complainant is absent on the date of hearing, … the complainant, whether any other person could be permitted to prosecute the complaint and under what provisions of Criminal Procedure Code?2) If it is held that any person could be permitted to prosecute the complaint who is the competent

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 … both the witnesses who were subjected 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 discharged the accused. Against the said … of Criminal Procedure. In as much as, sections 244, 245, 246 and 247 constitute a Code and section 245(1) alone cannot be read. In this

Rita Sengupta Vs. the State

Court : Kolkata

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 244, 245, 245(3) and 249; ;West Bengal Code of Criminal Procedure (CrPC) (Amendment) Act; ;Code of Criminal Procedure (CrPC) , 1898 - Sections 247, 253, 254 and 258; ;Constitution of India - Article 21; ;Indian Penal Code (IPC) - Sections 120B and 420

Reported in : (1993)1CALLT217(HC)

clear discharge or acquittal of the accused in; the perspective of amended Section 245 of the Code of Criminal Procedure, 1973.9. The revisionist has vindicated her grievance about the absence of element aforementioned liabling her to no penal … has no power to cancel under the Code the charge and reverse the proceedings to the stage of Section 247 which is analogus to Section 253 of the old Code and discharge the accused. It is undisputed that … offences under Section 420 read with Section 120B of the Indian Penal Code, 1860.3. While the petitioner was working as an employee of Anthropological Survey

Gautam Ranjan Basu and ors. Vs. Smt. Shanta Mukherjee and anr.

Court : Kolkata

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 200, 247, 256, 256(1), 256(2), 259, 302, 302(1), 302(2), 417(1), 482 and 495

Reported in : 1995CriLJ1131

on demise of original complainant as contemplated under Section 302 of the Code of Criminal Procedure, 1973. The fact giving rise to this revision is … of the complainant, the complaint filed by him cannot be dismissed nor the accused acquittpd or discharged under Section 247 or 259, Criminal Procedure Code. The decision of the Karnataka High Court in the case of Subanna Hegde … in : 1967CriLJ943 , wherein the Supreme Court, inter alia, has held that there is no provision in the Criminal Procedure Code or Chapter 18 thereof about acquittal or discharge of accused on failure of complainant to attend, which is

Swapan Kumar Bose and ors. Vs. Pradip Mukherjee and ors.

Court : Kolkata

Subject : CivilCriminal

Acts : Constitution of India - Articles 14, 21, 226;; Code of Criminal Procedure (CrPC) , 1973 - Sections 4, 154, 200, 244 and 247;; West Bengal Land Reforms Act, 1955 - Sections 4;; Mines and Minerals (Regulations and Development) Act, 1957 - Sections 21, 21(4), 22, 26(1) and (2);; West Bengal Mines and Minerals Rules, 1973

Reported in : (1999)2CALLT415(HC)

warrant case and procedure for trial of warrant case on private complaint as provided in section 244 to section 247 Criminal Procedure Code shall be required to be followed by a Magistrate trying the offence under section 4. … Reforms Act has not laid down the procedure of criminal prosecution and in view of section 4 of the Criminal Procedure Code the provision of the same shall be attracted and the complaint had to be made before a Magistrate … criminal prosecution and in view of section 4 of the Criminal Procedure Code the provision of the same shall be attracted and the complaint had … the provisions not only by the West Bengal Mines and Minerals Rules, 1973 read with provisions of the Act but also in the light of

Samir Ganguly Vs. Intelligence Officer, Narcotic Control Bureau, Easte ...

Court : Kolkata

Subject : Criminal

Acts : Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 36, 36A, 36A(1), 36C, 36D(1) and 366A(1); ;Narcotic Drugs and Psychotropic Substances (Amendment) Act, 1988; ;Code of Criminal Procedure (CrPC) , 1973 - Sections 3 and 244 to 247

Reported in : 2005CriLJ3276

otherwise that on police report, the procedure laid down under Sections 244 to 247 of the Code of Criminal Procedure should be followed in the instant case. It is the grievance of the petitioner that since the learned … case instituted otherwise that on police report, the procedure laid down under Sections 244 to 247 of the Code of Criminal Procedure should be followed in the instant case. It is the grievance of the petitioner that … Section 3, shall, notwithstanding anything contained in the Code of Criminal Procedure, 1973, be tried by a Court of Session. So far as application of