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State of Karnataka Vs. Adimurthy Alias B. Moorthy
Supreme Court of India
May-11-1983
CriminalElectricity
Electricity Act, 1910 - Sections 50; Indian Electricity Act, 1910 - 39; Indian Penal Code (IPC), 1860 - Sections 379; Code of Criminal Procedure (CrPC) , 1973 - Sections 16, 248(1) and 379
AIR1983SC822; 1983(31)BLJR679; 1983CriLJ1077; 1983(2)Crimes228(SC); 1983(1)SCALE627; (1983)3SCC268; [1983]3SCR249
Magistrate however acquitted the respondent of the offence with which he was charged under Section 248(1) of the CrPC, 1973 on the ground that the prosecution had failed to establish that P.W. 1 Syed Ameer had been authorized … would hardly make a difference. The phrase 'by notification in the Official Gazette' occurs in Section 6(1) of the Criminal Law Amendment Act, 1952 and it is also occurred in. Section 16 of the Criminal Law Amendment Act, … emphasis on the circular issued by the General Manager laying down the procedure to be followed in launching prosecutions of theft of electricity which was … the Indian Electricity Act, 1910 read with Section 379 of Indian Penal Code, 1980.2. The prosecution case in brief was as follows. On August 25,
Tag this Judgment! AI Brief & AskMohammad GiasuddIn Vs. State of Andhra Pradesh
Supreme Court of India
May-06-1977
Criminal
Indian Penal Code (IPC), - Sections 420; Code of Criminal Procedure (CrPC) , 1973 - Sections 235(2), 248(2), 357 and 360
AIR1977SC1926; 1977CriLJ1557; (1977)3SCC287; [1978]1SCR153
1975 B.C., insited 'on an eye for an eye, a tooth for a tooth'.15. Referring to the earlier Criminal Procedure Code and its deficiency in regard to sentencing, this Court observed in Tejani : 1974CriLJ313 :Finally comes the post-conviction … as a scientific curative for crimogenic factors than on the blind jail term set out in the Penal Code and that may be why western researchers are now seeking Indian yogic ways of normalising the individual and … pharisaic, fulfilment of the pre-sentencing provision in Section 248(2) Cr. P. C. 1973. The opportunity contemplated in the Sub-section has a penological significance of far-reaching
Tag this Judgment! AI Brief & AskK. Narayana and anr. Vs. State of Andhra Pradesh
Andhra Pradesh
Mar-27-1997
Criminal
Indian Penal Code (IPC), 1860 - Sections 302 and 439; Code of Criminal Procedure (CrPC) , 1973 - Sections 4, 4(1), 4(2), 5, 5(2), 27, 190, 248, 439 and 482; Narcotic Drugs Psycho. Sub. Act - Sections 37
1997(1)ALD(Cri)712; 1997(1)ALT(Cri)817; 1997CriLJ3258
Penal Code, 1860, Sections 4, 4 (1), 4 (2), 5 (2), 27, 190, 248, 439 and 482 of Criminal Procedure Code, 1973 and Section 37 of Narcotic Drugs Psychotropic Substances Act - police officer filed charge sheet against petitioner … Y. Bhaskar Rao, J. 1. This petition under Section 482 of the Code of Criminal Procedure is filed to quash the proceedings in C.C. No. 94 of 1995 on the file
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Krishnappa Vs. State of Karnataka
Karnataka
Feb-13-1986
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 211(7) and 248(3)
ILR1986KAR1219
the default sentence are set aside. With the said modification in the sentence, the revision petition is dismissed. CRIMINAL PROCEDURE CODE, 1973 (Central Act No. 2 of 1974) - Sections 248(3) & 211(7) -- Additional charge to be framed … framed an additional charge regarding the previous convictions as required under Section 248(3) and Section 211(7) of the Code of Criminal Procedure and that if the accused pleaded not guilty to the said charge he ought to
Tag this Judgment! AI Brief & AskChandidas S/O Balwantrao Deshpande Vs. State of Maharashtra and anr.
Mumbai
Jan-10-2001
Service
Maharashtra Civil Services (Pension) Rules, 1982 - Rule 10 and 10(4); Constitution of India - Articles 14, 16, 226 and 311
2001(3)ALLMR865; 2001(3)BomCR122
Deshpande and, therefore, the learned Judge acquitted the petitioner in accordance with the provisions of section 248(1) of the Criminal Procedure Code, 1973, of the offences for which the petitioner was charged with.5. After the decision in the above-said criminal … The petitioner was charged for the offence punishable under sections 409, 420 and 467 of the Indian Penal Code. Needless to mention, these charges do definitely refer to the criminal breach of trust alleged to have been
Tag this Judgment! AI Brief & AskThe State (Tamil Nadu) Vs. Veerappan and ors.
Chennai
Mar-24-1980
Criminal
Code of Criminal Procedure (CrPC) , 1974 - Sections 242, 242(2), 248, 253(1), 254(2), 255, 255(1) and 954
AIR1980Mad260
81 Cr. P. C. 1861, the Magistrate to issue a warrant.5. We shall first examine the provisions of the Criminal Procedure Code of 1973, which have relevance to this matter.6. Section 255(1), Cr. P. C., under which the accused have … a warrant.5. We shall first examine the provisions of the Criminal Procedure Code of 1973, which have relevance to this matter.6. Section 255(1), Cr. P. … second question which arises for determination by us incidentally is whether a Magistrate can acquit the accused under Section 248(1) Cr. P. C., if the prosecution does not apply for the issue of summons to any of the
Tag this Judgment! AI Brief & AskHarishchandra Sarjerao Gajbhiye Former Civil Judge, Junior Divisio and ...
Mumbai
May-02-2006
Criminal
Prevention of Food Adulteration Act, 1854 - Sections 16(1) and 16A; Code of Criminal Procedure (CrPC) , 1973 - Sections 245, 248 and 249; Maharashtra Civil Services (Discipline and Appeal) Rules 1979 - Rule 5; Constitution of India - Article 226
2006(4)ALLMR26; 2006(3)BomCR497; 2006(5)MhLj759
Procedure Code, 1973, was not applicable at that stage. Such an order was also not possible either under section 248 or under section 249 Criminal Procedure Code, 1973 because the alleged offences were punishable under sub-section (1) of … hearing. (c) the order of acquittal passed therein was not founded on the provisions of chapter XIX of the Criminal Procedure Code, relating to trial of warrant cases, instituted otherwise, than on Police reports, Section 245 Criminal Procedure Code, 1973, … not founded on the provisions of chapter XIX of the Criminal Procedure Code, relating to trial of warrant cases, instituted otherwise, than on Police reports,
Tag this Judgment! AI Brief & AskDilbag Singh Vs. State of Punjab
Supreme Court of India
Jan-25-1979
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 235(2), 248(2) and 360; Indian Penal Code (IPC) - Sections 34, 302, 304, 323 and 324
AIR1979SC680; 1979CriLJ636; (1979)2SCC103; [1979]2SCR1134
re-socializing the criminal. The sentence hearing for which the Criminal Procedure Code, 1973 provides in Section 248(2) and Section 235(2) has hardly received the serious … experience, from police arrest to prison trauma. The focus in this case is on the sentencing alternatives in the Criminal Procedure Code; and the grievance pressed by counsel, when traditional grounds on the merits failed, was that the compassion of … arrest to prison trauma. The focus in this case is on the sentencing alternatives in the Criminal Procedure Code; and the grievance pressed by counsel, when traditional grounds on the merits failed, was that the compassion of
Tag this Judgment! AI Brief & AskMuna Mallik Vs. Bishnu Mallik and anr.
Orissa
Sep-07-1994
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 239, 245, 248 and 321
1995(I)OLR254
Pasayat, J.1. Order of acquittal dated 7-7-1 992 passed in terms of Section 248(1) of the Code of Criminal Procedure, 1973 (in short, (Cr PC) by learned Judicial Magistrate, First Class. Kendrapara, is the subject-matter of challenge, learned … it is proper in the circumstances of the case.3. Coming to the plea of applicability of Section 248(1). CrPC. a reference to the provision itself is necessary. It reads as follows: '248. Acquittal or conviction; (1) If,
Tag this Judgment! AI Brief & AskTilak Raj Vs. the State
Delhi
May-11-1989
Excise
Punjab Excise Act, 1914 - Sections 61(1); Code of Criminal Procedure (CrPC) , 1973 - Sections 248(2)
39(1989)DLT7
case examined the exercise of power in context with grant of probation under Sections 360 & 361 of the Criminal Procedure Code, 1973 - It also examined the considerations for denial of grant of the benefit of probation - The … to the convict to address arguments on the point of sentence as required by Section 248(2) of the Code of Criminal Procedure 1973, held it to be a case where benefit of probation could not be given
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