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Mr. Uday Mohanlal Acharya Vs. State of Maharashtra, Through G.B.C.B.C. ...
Mumbai
Sep-04-2000
Criminal
Maharashtra Protection of Interest of Depositors (Financial Establishment) Act, 1999 - Sections 3, 4, 7, 8, 9. 10, 12, 13, 14, 16, 57 and 167(2); Code of Criminal Procedure (CrPC) , 1973 - Sections 5, 62, 127, 128, 129, 130, 173, 309, 436, 437, 439 and 450; Bombay Police Act, 1951 - Sections 96(1); Constitution of India - Article 254(1); Indian Penal Code (IPC), 1860 - Sections 6, 406 and 420; Narcotic Drugs and Psychotropic Substance Act, 1985; Terrorist and Disruptive Activities Prevention Act, 1987 - Sections 20(4);
2001CriLJ4563
person, shall follow the procedure prescribed in the Code of Criminal Procedure, 1973 (2 of 1974), for the trial of warrant cases by Magistrates.(2) The … Criminal Procedure Code, 1973 came into force on 1st April, 1974. Article 254(1) of the Constitution of India provides that if any provision of a … the accused in custody for commission of an offence under Section 3. Section 13(2) expressly incorporates provisions of Criminal Procedure Code to the proceedings before Designated Court as far as may be applicable. The proviso to sub-section (2) of … C. R. No. 36 of 1999 for the offences under sections 406 and 420 of the Indian Penal Code read with section 3 of the Act of 1999. The Petitioner is said to have surrendered on 17th
Tag this Judgment! AI Brief & AskK.V. Baby Vs. Food Inspector and anr.
Kerala
Mar-09-1994
CriminalFood Adulteration
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
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 … substance of accusation was stated to the accused and he has not pleaded guilty to the charge, under Section 254 of the Code, the Magistrate to proceeded to hear the prosecution and take all such evidence as may
Tag this Judgment! AI Brief & AskB.M. Arif Vs. Boston Tea (India) Ltd., Rep. by Its Director
Karnataka
Mar-26-2004
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 254(1) and 351(1)
II(2005)BC33; 2005CriLJ375; ILR2004KAR2382; 2004(5)KarLJ439
The Lower Court Records shall be sent back immediately. CRIMINAL PROCEDURE CODE, 1973 (CENTRAL ACT NO. 2 OF 1974) - SECTIONS 254(1) AND 315(1) -DEFENCE … Court for reasons to be recorded, permits him to appear as his own witness at a later stage.6. The Criminal Procedure Code does not contain such provision similar to Order XVIII Rule 3A of the CPC. The present case is … himself as a witness and that there is no bar in the Code of Criminal Procedure on examining a defence witness, before the accused offers … Mangalore, passed an order on 27.11.2003 holding that the question of issuing summons to a defence witness under Section 254(2) of Cr.P.C. arises only after the examination of the accused. In that view of the matter, he ordered
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
The 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. … have been acquitted in these cases states as follows:"If the Magistrate, upon taking the evidence referred to in Section 254 and such further evidence, if any, as he may, of his own motion, cause to be produced, finds
Tag this Judgment! AI Brief & AskBipinchandra Parshottamdas Patel (Vakil) Vs. State of Gujarat and ors.
Supreme Court of India
Apr-14-2003
ConstitutionFood Adulteration
Gujarat Municipalities Act, 1963 - Sections 40, 40(1), 40(2) and 40(3); Indian Penal Code (IPC) - Sections 143, 147, 148, 149 and 307; Arms Act - Sections 25(C); Bombay Police Act - Sections 135; Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 167, 170, 173, 190, 209, 228, 251, 254(1), 262, 319 and 319(1); Prevention of Corruption Act, 1947; Bombay Prohibition Act, 1949; Prevention of Food Adulteration Act, 1954 - Sections 16(1), 16A and 20A
AIR2003SC2256; (2003)2GLR1577; JT2003(4)SC35; 2003(4)SCALE17; (2003)4SCC642; [2003]3SCR533; 2003(2)LC1116(SC)
from the stage of Section 228 of the Code of Criminal Procedure, 1973. An investigation and/or an inquiry, the learned senior counsel would contend, cannot … that the provision is intended to cover detention in prison during trial under provisions of any law including the criminal procedure code. As rightly pointed out by the Division Bench of the High Court, the word 'trial' cannot be given … detention in judicial custody for alleged offences under Sections 307,143, 147, 148 and 149 of the Indian Penal Code read with Section 25(c) of theArms Act and under Section 135 of the Bombay Police Act. To the … which were marked as C.R. No. 257 of 2001 and C.R. No. 254 of 2001 for commission of alleged offences under Sections 307, 143, 147,
Tag this Judgment! AI Brief & AskJohn Hamilton Christian Vs. Blue Bird Agency and ors.
Gujarat
Jan-12-2001
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 251, 254(1), 255(2), 313, 360 and 397; Bombay Provincial Municipal Corporations Act, 1949 - Sections 398 and 401; Surat Municipal Corporation Octroi Rules - Rules 6, 13(1), 13(2), 21 and 28;
(2001)3GLR1929
learned Judicial Magistrate, First Class (Municipal), Surat has by filing this Criminal Revision Application under Section 397 of the Criminal Procedure Code, 1973 (for short 'Cr. P.C.') challenged the correctness, legality and propriety of judgment dated 26th August, 1987 rendered … First Class (Municipal), Surat has by filing this Criminal Revision Application under Section 397 of the Criminal Procedure Code, 1973 (for short 'Cr. P.C.') challenged the correctness, legality and propriety of judgment dated 26th August, 1987 rendered … as well as witnesses produced in support of prosecution as per Section 254(1) of the Cr. P.C. It further appears that the complainant produced and
Tag this Judgment! AI Brief & AskSunil Vassudev Pednekar Vs. Bicholim Urban Co-operative Bank Ltd.
Mumbai
Apr-13-2006
Criminal
Negotiable Instruments Act, 1881 - Sections 138; Code of Criminal Procedure (CrPC) , 1973 - Sections 202(2), 204, 204(1), 204(1A), 204(2), 244(1), 244(2), 252, 253, 254, 254(1), 254(2), 311 and 482
III(2007)BC777; 2006CriLJ3114
of witnesses as required under Sub-section (2) of Section 204 of the Code of Criminal Procedure, 1973, (Code, for short),3. Rule was issued on 10-8-2005 … trial of the accused and record his plea. The Court held that the provisions of Section 204 of the Criminal Procedure Code were not mandatory in nature and if before the list of witnesses is filed, the Magistrate issues a … to examine the said witness could not have been granted under Section 311 of the Code but under Section 254 of the Code. Sub-sections (1) & (2) which are relevant reads as follows:(1) If the Magistrate does not
Tag this Judgment! AI Brief & AskNaga People's Movement of Human Rights Vs. Union of India (UOi)
Supreme Court of India
Nov-27-1997
Criminal
Constitution of India - Articles 14, 22, 22(1), 22(2), 245, 246, 248, 254, 257A, 352, 355 and 356; Code of Criminal Procedure (CrPC) , 1973 - Sections 1(2), 130, 131, 144 and 197; Arms Act, 1959; Army Act, 1950; Assam Disturbed Areas Act; Armed Forces (Special Provisions) (Amendment) Act, 1972 - Sections 3; Armed Forces (Special Provisions) Act, 1958 - Sections 2, 3, 4, 5 and 6;
AIR1998SC465; 1998(1)ALD(Cri)220; JT1997(9)SC431; 1997(7)SCALE741; (1998)2SCC109; [1997]Supp5SCR469; AIR 1998 SC 431
is made for use of armed forces in the following provisions contained in Sections 130 and 131 of the Criminal Procedure Code, 1973 (for short Cr. P.C.) :-'Section 130. Use of armed forces to disperse assembly.- (1) If any such … validity of Section 197 of the CrPC, 1898 (which was in pari materia with Section 197 of the CrPC, 1973) was challenged on the ground of violation of Article 14 of the Constitution and it was urged that … liable to be struck down in view of the provisions of Article 254 of the Constitution. The validity of Sections 4 and 5 is also
Tag this Judgment! AI Brief & AskKanwardeepsingh Harbansingh Bedi Vs. the State of Maharashtra
Mumbai
May-07-2009
Criminal
Navy Act, 1957 - Sections 3(3), 3(13), 34 to 76, 77(1), 78, 78(1) and 93(1); Evidence Act - Sections 145; Army Act - Sections 125, 126 and 126(1); Naval Discipline Act; Indian Navi (Discipline) Act, 1934; Air Force Act; Prevention of Corruption Act - Sections 5(1) and 5(2); Code of Criminal Procedure (CrPC) , 1973 - Sections 4, 4(2), 5, 192, 193, 197(2), 209, 227, 240, 246(1), 252, 254, 255(1), 255(2), 256(1), 257, 374(2), 475 and 475(1); Code of Criminal Procedure (CrPC) , 1898 - Sections 549 and 549(1); Indian Penal Code (IPC) - Sections 120B, 302, 304A and 381; Criminal Courts and Court Martial (Adjustment of Jurisdiction) Rules, 1978 - Rules 3 to 9; Criminal Courts and Court Martial (Adjustment of Jurisdiction) Rules, 1952 - Rules 3 and 4
2010CriLJ315
257 of the Code of Criminal Procedure, 1973 (2 of 1974), or hear him in his defence under Section 254 of the said Code; or(b) frame in writing a charge against the accused under Section 240 or Sub-section … B.H. Marlapalle,J.1. This criminal appeal filed under Section 374(2) of the Code of Criminal Procedure, 1973, arises from the order of conviction and sentence passed in Sessions Case No. 79 of 1986 on … B.H. Marlapalle,J.1. This criminal appeal filed under Section 374(2) of the Code of Criminal Procedure, 1973, arises from the order of conviction and sentence
Tag this Judgment! AI Brief & AskLiberty Footwear Company Vs. Force Footwear Company and ors.
Delhi
Sep-18-2009
Intellectual Property Rights
Trade Marks Act, 1999 - Sections 83, 91(1), 92, 92(2), 92(3), 93, 100, 220(6), 254 and 255(5); Code of Civil Procedure (CPC) , 1908 - Sections 148 and 149; Indian Penal Code (IPC), 1860 - Sections 193, 196 and 228; Code of Criminal Procedure (CrPC) , 1973 - Sections 195; Companies (Court) Rules, 1959 - Rule 7; Intellectual Property Appellate Board (Procedure) Rules, 2003 - Rule 14 and 14(1)
2009(41)PTC474(Del)
the purpose of Section 196 of the Indian Penal Code, 1860 and Section 195 of the Code of Criminal Procedure, 1973.5. It is well settled that quasi judicial tribunals on procedural matters are entitled to adopt a procedure … IPAB shall not be bound by the procedure laid down in the Code of Civil Procedure, 1908 (hereinafter referred to as Code, for short) but … grant effective (Sutherland Statutory Construction, Third Edition, Articles 5401 and 5402). The powers which have been conferred by Section 254 on the Appellate Tribunal with the widest possible amplitude must carry with them by necessary implication all powers
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