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Medchel Chemicals and Pharmaceuticals Pvt. Ltd. Vs. Dr. D.C. Mallik an ...
Chennai
Apr-01-1998
CompanyCommercial
Code of Criminal Procedure (CrPC) , 1973 - Sections 197 and 258; Companies Act, 1956 - Sections 284 and 617; Negotiable Instruments Act, 1881 - Sections 138; Indian Penal Code (IPC), 1860 - Sections 34, 120B, 209, 211, 406, 420 and 511
[1998]94CompCas259(Mad)
separate petitions, viz., Crl. M. Ps. Nos. 2377 to 2380 of 1996, in each of the complaints under Section 258 of the Criminal Procedure Code, 1973, to discharge them on various grounds. In these petitions, it is alleged … appointed by the office bearers of the MMTC who can be removed by them and Section 197 of the Criminal Procedure Code, 1973, is not attracted for sanction, and, therefore, he dismissed M. P. No. 1056 of 1996, totally and … 406, 420 and 511 read with Section 34 of the Indian Penal Code, 1860. Therefore, there were two sets of complaints, one set by the
Tag this Judgment! AI Brief & AskState of Gujarat Vs. Maganlal Gordhandas Merchant
Gujarat
Feb-23-1994
Labour and Industrial
Constitution of India - Article 20; Factories Act, 1948 - Sections 92; Gujarat Factories Rules, 1963 - Rules 94, 95(1) and 110A; Code of Criminal Procedure (CrPC) , 1973 - Sections 258, 397 and 401; Contravention of Fectories Rules
1995CriLJ1581; (1994)1GLR799; (1995)ILLJ206Guj
Rules 94, 95 (1) and 110A of Gujarat Factories Rules, 1963 and Sections 258, 397 and 401 of Criminal Procedure Code, 1973 - jurisdiction conferred under Section 258 is to stop proceedings at any stage - consequence of such … acquittal appeals arise from the orders stopping the proceedings of various criminal cases under Section 258 of the Code of Criminal Procedure, 1973 (II of 1974) and since some common questions of importance arise, they are dealt
Tag this Judgment! AI Brief & AskB.R. Bathla Vs. Central Bureau of Investigation
Karnataka
Nov-17-1987
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 239 to 249, 250, 250(1), 250(2) and 258
ILR1988KAR406
making the accusation against the accused or any of them.The learned author Shri Durga Das Basu in his Criminal Procedure Code, 1973, (1979 Edition) has stated also on pages 625 and 626 as:-'1. The conditions for calling upon the … at all to put accusations to the accused and that the accused were entitled to be discharged under Section 258 Cr.P.C. The Special Judge thought that before he could make any order on I.A.Nos. 17 to 19 and … (3), the provisions of Sections 68 and 69 of the Indian Penal Code shall, so far as may be, apply.(5) No person who has been
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Ashok Kumar Vs. Kailash Chandra
Rajasthan
Jul-04-2002
Criminal
Negotiable Instruments Act, 1881 - Sections 138 and 142; Code of Criminal Procedure (CrPC) , 1973 - Sections 258 and 482
I(2003)BC412; 2003CriLJ284; RLW2003(3)Raj1944; 2002(4)WLC637; 2002(5)WLN198
Magistrate. The petition under Section 482, Cr.P.C. is misconceived and is liable to bedismissed and is hereby dismissed. Criminal Procedure Code, 1973 - Section 482--Negotiable Instruments Act, 1881--Sections 138 & 142--Quashing of Criminal Proceeding--Dishonour of cheque--Held, extra ordinary jurisdiction … 142--Quashing of Criminal Proceeding--Dishonour of cheque--Held, extra ordinary jurisdiction under Section 482, CrPC can be used for advancement of justice and not for the remedy … be examined and the complaint cannot be quashed at this initial stage.14. As far as the applicability of Section 258, Cr.P.C. is concerned, the said section is reproduced as below:'258. Power to stop proceedings in certain cases.-.--In any
Tag this Judgment! AI Brief & AskState of Rajasthan Vs. Ikbal Hussen
Supreme Court of India
Sep-08-2004
Criminal
Indian Penal Code (IPC), 1860 - Sections 279, 304A, 337 and 338; Constitution of India - Articles 14, 21, 226 and 227; Code of Criminal Procedure (CrPC) , 1973 - Sections 258, 309, 311 and 482
2004(2)ALD(Cri)868; JT2004(8)SC369; 2004(7)SCALE627; (2004)12SCC499; 2005(1)LC96(SC)
Sections 279, 304A, 337 and 338 - Constitution of India - Articles 14, 21, 226 and 227 - Criminal Procedure Code (CrPC), 1973 - Sections 258, 309, 311 and 482 - Right to speedy Trial - Production of respondent for commission … High Court at Jodhpur holding that the trial against the respondent for alleged commission of offences punishable under Sections 279, 337, 338 and 304A of the Indian Penal Code, 1860 (in short the 'IPC'), could not be
Tag this Judgment! AI Brief & AskA.R. Antulay Vs. Ramdas Sriniwas Nayak and anr.
Supreme Court of India
Feb-16-1984
Criminal
Criminal Law (Amendment) Act, 1952 - Sections 6, 6(1), 8, 8(1), 8(3) and 9; Code of Criminal Procedure (CrPC) , 1973 - Sections 24, 190, 193, 200, 202, 202(2), 225, 238 to 250, 252 to 258 and 321; Prevention of Corruption Act, 1947 - Sections 5A
AIR1984SC718; (1984)86BOMLR228; 1984CriLJ647; 1984(1)Crimes547(SC); 1984(1)SCALE239; (1984)2SCC500; [1984]2SCR914; AIR 1984 SC 7187
not for satisfying private lust or sense of vengennce. Proceeding along, it was stated that the scheme of Criminal Procedure Code clearly shows that serious offences are exclusively triable by a Court of Sessions and that even if a … police officer of a certain rank, what would have been the position in law.9. Chapter XII of the CrPC, 1973 bears the heading 'Information to the police and their powers to investigate.' Section 154 provides for information to … instituted otherwise than on police report by a Magistrate (Section 252 to 258 of 1898 CrPC). Section 252 requires that when accused is brought before
Tag this Judgment! AI Brief & AskKumudben Jayantilal Mistry Vs. State of Gujarat and anr.
Gujarat
Feb-19-2007
Criminal
Negotiable Instruments Act, 1881 - Sections 110A, 110A(3), 138 and 142; Negotiable Instruments (Amendment and Miscellaneous Provisions) Act, 2002 - Sections 138 to 148; Code of Criminal Procedure (CrPC) , 1973 - Sections 167(2), 258, 428, 465 and 482; Constitution of India - Article 227
I(2008)BC268; 2007CriLJ2182
question the order dated 22.1.1998 made below her application for discharge under Section 258 of the Code of Criminal Procedure, 1973 (for short, 'the Code'). It was contended in the application for discharge that the petitioner herein had … called into question the order dated 22.1.1998 made below her application for discharge under Section 258 of the Code of Criminal Procedure, 1973 (for short, 'the Code'). It was contended in the application for discharge that the
Tag this Judgment! AI Brief & AskState of Maharashtra Vs. Ram S/O Pandharinath Chidrawar
Mumbai
Apr-27-2006
Criminal
Essential Commodities Act, 1955 - Sections 3 and 7; Oil Seeds and Oils (Dealers and Millers) Licensing Order, 1977; Maharashtra Animal Preservation Act, 1976 - Sections 5 and 11; Code of Criminal Procedure (CrPC) , 1973 - Sections 227 and 258
2007CriLJ827; 2006(4)MhLj508
that in Summary trials there is no provision for discharging the accused. However, the Court can resort to Section 258 of the Code of Criminal Procedure, 1973 (hereinafter to be referred to as the Code) for stoppage of … pendency of the proceedings, original accused filed an application for discharge, Under Section 227 of the Code of Criminal Procedure. While dealing with this application, learned Special Judge found that in Summary trials there is no provision for … original accused filed an application for discharge, Under Section 227 of the Code of Criminal Procedure. While dealing with this application, learned Special Judge found
Tag this Judgment! AI Brief & AskP. Ramachandra Rao Vs. State of Karnataka
Supreme Court of India
Apr-16-2002
CriminalConstitution
Constitution of India - Articles 14, 19, 21, 32, 39A, 141, 142, 144, 226, 227 and 363; Prevention of Corruption Act, 1988 - Sections 13(1) and 13(2); ;Code of Criminal Procedure (CrPC) , 1973 - Sections 258, 309, 311, 437, 468 and 482; Indian Penal Code (IPC), 1860; Prevention of Corruption Act, 1947 - Sections 5(1) and 5(2); Terrorist and Disruptive Activities (Prevention) Act; Constitution of India (42nd Amendment) Act, 1976
AIR2002SC1856; 2002(1)ALD(Cri)792; 2002(2)ALT(Cri)133; 2002CriLJ2547; 2002(2)Crimes200(SC); (2002)2GLR1549; [2002(2)JCR273(SC)]; JT2002(4)SC92; 2002(2)KLT189(SC); 2002(3)Mh; (2002) 4 SCC 578
on the liens of Chapter XXXVI of the Code of Criminal Procedure, 1973. 31. The other reason why the bars of limitation enacted in Common … have limitation bars terminating trials and proceedings? is there no effective mechanisms available for achieving he same end? The Criminal Procedure Code, as it stands, incorporates a few provisions to which resort can be had for protecting the interest off … violative of Article 21. It was submitted that Section 468 of the Code of Criminal Procedure applied only to minor offences but the Court should … granting an adjournment or postponing of proceedings. This power to impose costs is rarely exercised by the Courts, Section 258, in Chapter XX of Cr.P.C. on Trial of Summons-cases, empowers the Magistrate trying summons cases instituted otherwise than
Tag this Judgment! AI Brief & AskMulchand Motilal Raka Vs. the State of Maharashtra and anr.
Mumbai
Sep-06-1995
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 258; Indian Penal Code (IPC), 1860 - Sections 279 and 337
1996(1)BomCR316
and proceedings, if received, be sent to the lower Court immediately. Criminal - procedure - Section 258 of Criminal Procedure Code, 1973 and Sections 279 and 337 of Indian Penal Code, 1860 - petitioner challenged Order discharging accused of … dis-charging the respondent No. 2-accused of the offences punishable under sections 279 and 337 of the Indian Penal Code by invoking provisions of section 258 of the Code of Criminal Procedure (for short, the Code).2. The petitioner
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