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Oct 23 2008

Vinod Sequiera Vs. Bahunji Alias G.M. Hassan Kunhi

Court : Karnataka

Decided on : Oct-23-2008

Subject : Criminal

Acts : Negotiable Instruments Act, 1881 - Sections 138; Code of Criminal Procedure (CrPC) , 1973 - Sections 200, 256 and 273

Reported in : ILR2009KAR184; 2009(1)KarLJ75:2008(5)KCCR3364

relevant for the purpose of this appeal are as under:The appellant filed the complaint under Section 200 of the Criminal Procedure Code, 1973 against the respondent for taking action under Section 138 of the Act alleging that the respondent borrowed … under:The appellant filed the complaint under Section 200 of the Criminal Procedure Code, 1973 against the respondent for taking action under Section 138 of the … absent and in the absence of the accused, the proceedings could not have been continued.8. The provisions of Section 273 of the Cr. P.C. contemplate that the evidence has to be recorded in the presence of the accused.

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Nov 04 2004

Jimmy Jahangir Madan Vs. Bolly Cariyappa Hindley (Dead) by Lrs.

Court : Supreme Court of India

Decided on : Nov-04-2004

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 205, 273 and 302; Negotiable Instruments Act - Sections 138; Code of Criminal Procedure (CrPC) , 1898 - Sections 495; Advocates Act, 1961 - Sections 30, 32 and 33; Power of Attorney Act - Sections 2

Reported in : AIR2005SC48; 2005(1)ALD(Cri)305; I(2005)BC16; [2005]126CompCas385(SC); 2005CriLJ112; 2004(5)CTC420; 2005(1)KarLJ492; 2004(3)KLT850(SC); (2005)141PLR209; RLW2005(2)SC185; 20

of the complainant to file fresh applications under Section 302 of the Code as stated above. Criminal - Criminal Procedure Code (CrPC), 1973 - Sections 2, 205, 273 , 302 - Negotiable Instruments Act - Section 138 - Power of attorney

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Jan 31 1994

Directorate of Enforcement Vs. Deepak Mahajan and Another

Court : Supreme Court of India

Decided on : Jan-31-1994

Subject : Criminal

Acts : Foreign Exchange Regulation Act, 1973 - Sections 35; Constitution of India - Articles 20(3) and 22; General Clauses Act, 1897 - Sections 3(42) and 273; Indian Penal Code (IPC), 1860 - Sections 26, 29, 50, 61, 190(1), 192 and 202(1); Code of Criminal Procedure (CrPC) , 1974 - Sections 2(4), 4(2), 41, 42, 43, 44, 106, 113, 117, 156, 167, 173, 176, 398, 436, 437, 438 and 439;Customs Act - Sections 2, 45, 46, 62, 104 and 151; Evidence Act - Sections 24, 25 and 27; Code of Criminal Procedure (CrPC) , 1898 - Sections 45, 46, 56, 58 and 135; Code of Criminal Procedure (CrPC) (Amendment) Act (Crpc), 1978 - Sections 309 and 344; Sea Customs Act, 1878 - Sections 171A and 154; Police Act, 1961

Reported in : AIR1994SC1775; 1994(2)ALT(Cri)173; 1994(2)BLJR912; [1995]82CompCas103(SC); 1994CriLJ2269; 1994(1)Crimes892(SC); 1994(46)ECC255; 1994(70)ELT12(SC); JT1994(1)SC290; 1994(3)SCC440; [1994] 1 SCR 445

taken to a Magistrate.The Committee feel that Sub-Clause (3) being merely a repetition of the provisions of the Criminal Procedure Code, 1898 should be omitted.135. The view of the Committee expressed above can be taken as a guide in … words are not defined except an inclusive meaning of the word 'accused' is given in the Explanation to Section 273 of the Code of 1973, of course, confined only to the mode of taking and recording evidence in … jurisdiction to authorise detention of that person Under Section 167(2) of the CrPC ?2. As a preclude to the judgment, we would like to state

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Feb 26 2010

Dilipsinh S/O Ramsinh Bhatia Vs. the State of Maharashtra

Court : Mumbai

Decided on : Feb-26-2010

Subject : Food Adulteration

Acts : Prevention of Food Adulteration Act, 1954 - Sections 2, 7, 14, 14A, 16(1AAA), 16(4), 20, 20(2) and 23; ;Indian Penal Code (IPC) - Section 273; ;Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of the Trade and Commerce, Production, Supply and Distribution) Act, 2003; ;Person Act, 1861; ;Code of Criminal Procedure (CrPC) , 1973 - Section 26; ;Prevention of Food Adulteration Rules, 1955 - Rule 32

Reported in : 2010(112)BomLR1249,2010CriLJ2014

Matched in: Advocate C.R. Deshpande and; Rashmi Hardas, Advs. Suryawanshi, A.P.P. in Criminal Writ Petition No. 76/2010 and; B.R. Khekale, A.P.P. in Criminal Writ

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Aug 30 2007

Jigga Vs. State by R.F.O., Koppa Range

Court : Karnataka

Decided on : Aug-30-2007

Subject : Criminal

Acts : Karnataka Forest Act - Sections 34, 86 and 87; Code of Criminal Procedure (CrPC) , 1973 - Sections 273, 313, 317, 317(1) and 386

Reported in : ILR2007KAR4321; 2008(3)KarLJ67

in the light of the observations made above. Code of Criminal Procedure, 1973 - Section 273-Trial in the presence of the accused under-Conducting of-Exceptions-Evidence recorded … out of the Court while the evidence was being recorded. The learned Counsel for the appellant refers to Section 273 of the Code of Criminal Procedure which requires that except as otherwise expressly provided, all evidence taken in … case was posted to 09.02.2007. On 09.02.2007 the accused was examined under Section 313 of the Code of Criminal Procedure and the case was posted for arguments. After hearing the arguments, the judgment was pronounced on 23.02.2007.4. Since … 09.02.2007. On 09.02.2007 the accused was examined under Section 313 of the Code of Criminal Procedure and the case was posted for arguments. After hearing

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Jul 21 1994

Kaveri Alias Benga and anr. Vs. the State

Court : Orissa

Decided on : Jul-21-1994

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 205, 205(1), 205(2), 273, 291, 292, 293, 299, 313 and 317

Reported in : 78(1994)CLT881; 1995CriLJ224

first class, Banpur for dispensing with their personal attendance in terms of Section 205 of the Code of Criminal Procedure, 1973 (in short, the 'CrPC').Theprayerwas rejected primarily on the ground that petitioners were shown as absconders in the … appointed with permission of the Court to act in such proceeding. Both Sub-section (1) of Section 205, and Section 273, of the Cr PC provide for exemption of an accused from personal attendance; but they refer to different

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Apr 11 2000

K. Neelakanta Rao and Another Vs. State of Andhra Pradesh

Court : Andhra Pradesh

Decided on : Apr-11-2000

Subject : Customs

Acts : Customs Act, 1962 - Sections 111, 112-A and 135; Code of Criminal Procedure (CrPC) , 1973 - Sections 236, 273, 403 and 482; Foreign Exchange Regulation Act, 1973 - Sections 13 and 67; Sea Customs act, 1878 - Sections 167; Imports and Export (Control) Act, 1947 - Sections 5; Constitution of India - Article 20(2)

Reported in : 2000(4)ALD540; 2000(1)ALD(Cri)751; 2001(74)ECC554; 2000(122)ELT7(AP)

reference to Section 403 of Cr.PC and held as follows:'in order to get the benefit of Section 403, Criminal Procedure Code or Article 20(2), it is necessary for an accused person to establish that he had been tried by … as follows:'in order to get the benefit of Section 403, Criminal Procedure Code or Article 20(2), it is necessary for an accused person to establish … read with Sections 13 and 67 of the Foreign Exchange Regulation Act, 1973 and also liable to pay penalty in respect of the same.3. Thus, … against him might have been made under Section 236 or for which he might have been convicted under Section 273. It has been repeatedly held by this Court that adjudication before a Collector of Customs is not a

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Feb 22 2013

Ravindersingh @ Ravi Pavar Vs. State of Gujarat

Court : Supreme Court of India

Decided on : Feb-22-2013

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC), 1973 - Section 439; Indian Penal Code (IPC), 1860 - Sections 302, 307, 328, 272, 273, 201, 109, 114, 120B; Bombay Prohibition Act, 1949 - Sections 65(a)(b)(c)(d)(e), 66(1)(b), 67-1A, 72, 75, 81, 83

appeals filed by the State are allowed. [ P. SATHASIVAM; JAGDISH SINGH KHEHAR, JJ.] Code of Criminal Procedure (CrPC), 1973 - Section 439; Indian Penal Code (IPC), 1860 - Sections 302, 307, 328, 272, 273, 201, 109, 114, … 1281 of 2012 whereby the High Court dismissed his application filed under Section 439 of the Code of Criminal Procedure, 1973 (in short ‘the Code’) seeking regular bail in C.R. No. 252 of 2009 registered with Odhav Police

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Mar 13 1991

Shyam Prasad Reddy and ors. Vs. State of Andhra Pradesh and ors.

Court : Andhra Pradesh

Decided on : Mar-13-1991

Subject : Criminal

Acts : Prevention of Insults to National Honour Act, 1971 - Sections 2; Code of Criminal Procedure (CrPC) , 1973 - Sections 205, 205(1), 205(2), 215, 244, 273(2), 317, 342, 353(6), 482, 540-A(1) and 561-A; National Honour Act, 1971 - Sections 2

Reported in : 1991(2)ALT121; 1991CriLJ2299

205 (2), 215, 244, 273 (2), 317, 342, 353 (6), 482, 540 A (1) and 561 A of Criminal Procedure Code, 1973 - Magistrate issued summons for appearance of accused - accused filed petition under Section 205 (1) for … absence of accused in certain cases : (1) At any stage of an inquiry or trial under this Code, if the Judge or Magistrate is satisfied, for reasons to be recorded, that the personal attendance of the

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Jul 31 2000

Dineshbhai Dhemenrai Vs. State of Gujarat

Court : Gujarat

Decided on : Jul-31-2000

Subject : CriminalNarcotics

Acts : Constitution of India - Articles 14, 19, 20(1), 20(3), 21, 21(2), 22, 22(1), 22A, 31, 32, 39A, 51-A, 71(1), 132(1), 134(1), 136(1) and 226; Code of Criminal Procedure (CrPC) , 1973 - Sections 20, 39-A, 41, 49, 50, 54, 55, 56, 57, 75, 76, 93, 94, 97, 100(4) to (8), 151, 162, 165, 167, 173(7), 191, 207, 208, 218, 228(2), 235(2), 238, 240(2), 243, 248(2), 273, 303, 304, 304(1) and (2), 309, 313, 314, 317, 327, 340, 351, 360, 363, 374, 379, 380, 386, 400, 436, 437, 439 and 479; Indian Penal Code (IPC), 1860 - Sections 303, 304 and 395; Legal Services Authorities Act, 1987 - Sections 12; Narcotics Drugs and Psychotropic Substances Act, 1985 - Sections 20; Poor Persons Defence Act, 1930; Legal Aid and Advice Act; Evidence Act, 1872 - Sections 101-104, 121 to 131, 138, 148, 149 and 165; Probatio

Reported in : (2001)1GLR603

Conviction Appeal, on hand.2. In this appeal under Section 374 of the Code of Criminal Procedure, 1973, the appellant-original-accused has assailed the legality and validity … well in the Legal Services Authorities Act, 1987, over and above the provisions made in Section 304 of the Criminal Procedure Code, 1973.41. It would be fruitful to mention the steps suggested in England to assist the unaided and unrepresented … of Evidence Act);xiv. Right to insist that evidence be recorded in his presence except in some special circumstances (Section 273 of Cr.P.C., also Section 317 Cr.P.C.;)xv. Right to have due notice of the charges (Sees. 218, 228(2), 240(2),

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