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Viswanatha Shenoy Vs. Smt. Radhabai

Court : Karnataka

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 145, 145(4) and 274

Reported in : ILR1985KAR2449

Magistrate,Kundapur, for fresh disposal in accordance with law in the light of the observations made in the order. CRIMINAL PROCEDURE CODE, 1973 (Central Act No. 2 of 1974) - Section 145 -- Evidence means 'evidence' within the meaning of … Revision Petition one under Section 397 read with Section 482 of the Code of Criminal Procedure, 1973, (for short 'the Code') by the member of … is in effect breach of the provisions contained in sub-section (4) of Section 145 and also violative of Section 274 of the Code. In support of his contention, he relied on a decision of this Court in Ramachandra

Gayathri Vs. Ramesh

Court : Karnataka

Subject : Family

Acts : Family Courts Act, 1984 - Sections 7, 7(2) and 10(2); Code of Criminal Procedure (CrPC) , 1973 - Sections 125, 126, 126(2) and 274

Reported in : II(1993)DMC197; ILR1993KAR1857; 1993(2)KarLJ447

set aside solely on the ground that the procedure adopted is in direct contravention of Section 126 of the Criminal Procedure Code (for short 'the Code') and in that view of the matter it would not open to this Court … adopted is in direct contravention of Section 126 of the Criminal Procedure Code (for short 'the Code') and in that view of the matter it … maintenance of wife, children and parents) of the Code of Criminal Procedure, 1973;'It is undisputed that the petition has been filed by the appellant for … is completely unknown to the provisions of the Code and evidence has to be recorded as prescribed by Section 274 of the Code which relates to record in summons cases and inquiries. If the party against whom the

A. Krishna Reddy Vs. State and Another

Court : Andhra Pradesh

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 206(2), 236(1), 260, 262(2), 263, 264, 265, 274, 281, 313, 322, 325, 326(3) and 353; Essential Commodities Act, 1955 - Sections 12-AA

Reported in : 1999(6)ALD279; 1999(2)ALD(Cri)720

proceed with the case according to law.6. Revision is allowed. Criminal - enquiry - Section 326 (3) of Criminal Procedure Code, 1973 and Section 12-AA (f) of Essential Commodities Act, 1955 - petition filed to conduct de novo enquiry … way and the provisions of Sections 262(2), 265 (both inclusive) of the Code, shall, as far as, apply to such trial. In the instant case … requirement gets increased when, it is kept in mind that provisions like Section 281 regarding examination of accused, Section 274 regarding making memorandum of the substance of the evidence only and Section 353 or Section 264 regarding writing

Smt. Aruna @ Suvarna and anr. Vs. Marilingappa

Court : Karnataka

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 125, 126, 126(2), 145 to 148, 274, 397, 401 and 446

Reported in : ILR2009KAR3728

with the order of the Learned Sessions Judge. CODE OF CRIMINAL PROCEDURE, 1973 - Section 125--Petition under--Sub-Section 2 of Section 126--Recording of evidence under--Procedure to … cases. The procedure that is prescribed for recording of evidence in summon case is to be found in Section 274 of the Criminal Procedure Code. The said Section reads as under;Section 274. Record in summons-cases and inquiries.-(1) In … this petition filed under Section 397 R/w Section 401 of Criminal Procedure Code is whether the evidence by way of affidavit is permissible in respect … the evidence by way of affidavit is permissible in respect of maintenance proceedings initiated under Section 125 of the Criminal Procedure Code.2. The facts in brief are that the petitioners herein claiming to be wife and daughter respectively of the

Friends Union Oil Mills and ors. Vs. Income-tax Officer and ors.

Court : Kerala

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 271(1), 271(4A), 274(2), 277 and 279(1A); Indian Penal Code (IPC), 1860 - Sections 193 and 196; Code of Criminal Procedure (CrPC) , 1973 - Sections 195(1), 220, 245(2), 401, 468(2), 473 and 482; Economic Offences (Inapplicability of Limitation) Act, 1974 - Sections 2

Reported in : [1977]106ITR571(Ker)

Act, such a clause was unnecessary. The words 'under the provisions of that Code' only mean provisions of the Criminal Procedure Code, 1973 (Act 2 of 1974). This provision has been specifically enacted to give effect to the protection contemplated … under Section 277 of the Income-tax Act of 1961 and Sections 193 and 196 of the Indian Penal Code. The first accused is a firm and accused Nos. 2 to 7 are its partners. In paragraph 2 … the purpose of imposition of penalty. This is provided for in Section 274(2) of the Act. This is when concealment exceeds a sum of Rs.

Hari Singh and anr. Vs. State of U.P. and ors.

Court : Allahabad

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) - Sections 7(2), 190, 200, 203, 204, 274, 275 and 482; Code of Criminal Procedure (CrPC) , 1898 - Sections 202(2A); Code of Criminal Procedure (CrPC) , 1973 - Sections 202, 202(2), 392 and 397; Indian Penal Code (IPC) - Sections 392, 394 and 397; U.P. Dacoity Affected Areas Act 1983 - Sections 7 and 8

Reported in : 1992CriLJ1802

while trying a scheduled offence, so far as may be, follow the procedure provided by the Code of Criminal Procedure 1973 for trial of Sessions Cases. Section 8 of the said Act states that notwithstanding anything contained in … offence, so far as may be, follow the procedure provided by the Code of Criminal Procedure 1973 for trial of Sessions Cases. Section 8 of … witnesses on oath 'in Sub-section (2) of Section 202, Cr. P.C. will have to be read along with Section 274 or 275, Cr. P.C. as the case may be. Memorandum containing substance of evidence or taking down of

Dambar Singh Vs. State of U.P. and ors.

Court : Allahabad

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 147, 148, 149, 302, 307, 324, 395, 396 and 397; Code of Criminal Procedure (CrPC) , 1974 - Sections 200, 202, 226, 227 and 228

Reported in : 2002CriLJ3578

is not exactly to be applied at the stage of Section 227 or 228 of the Code of Criminal Procedure, 1973. At this stage, even a very strong suspicion founded upon materials before the Magistrate which leads him … (para 10):-(1) That the Judge while considering the question of framing the charges under Section 227 of the Code has the undoubted power to sift and weigh the evidence for the limited purpose of finding out whether … of Legal Affairs, West Bengal v. Anil Kumar Bhunja, (1979) 4 SCC 274: 1979 Cri LJ 1390: AIR 1980 SC 52 were also approved (Para

State of Sikkim Vs. Aita Hang Subba @ Kaley

Court : Sikkim

Subject : Land Acquisition

the order of acquittal is founded; (2) The Code of Criminal Procedure, 1973 put no limitation restriction or condition on exercise of such power and … under Section 378 Cr. P.C. 8. Necessary leave under sub-section 3 of Section 378 of the Code of Criminal Procedure having been granted and processes issued, the Appeal was admitted for hearing which was finally heard on 26.06.2014. … at Namchi, by which the respondent/accused was acquitted of the charge under Section 302 of the Indian Penal Code (for short IPC ) for having caused the death of the deceased, Rajesh Chettri. 2. The facts of … and Ors. v. State through Inspector of Police : AIR 2013 SC 274, it was submitted that a heavy burden was cast upon the prosecution

Bimal Kumar Kundu and Sudip Ghosh Vs. State of West Bengal

Court : Kolkata

Subject : Criminal

Acts : Drugs and Cosmetics Act, 1940 - Sections 16, 17A, 17B, 18, 25, 27 and 32; ;Drugs and Cosmetics Rules - Rules 4 and 8; ;Indian Penal Code (IPC), 1860 - Sections 274, 275 and 279; ;Code of Criminal Procedure (CrPC) , 1973 - Section 465

Reported in : 2005(1)CHN548

submits chargesheet mentioning a wrong section and the learned Magistrate takes cognizance over that wrong section of offence, the criminal proceeding cannot be quashed for that erroneous taking of cognizance when the FIR and the materials in case … (in short SDJM), Serampore taking cognizance under Section 279 of Indian Penal Code (in short IPC) and Section 27 of the Drugs and Cosmetics Act, … taking cognizance under Section 279 of Indian Penal Code (in short IPC) and Section 27 of the … thousand rupees, or with both.'17. In West Bengal it was amended by W. B. Act No. 42 of 1973, Section 3(iii) (w.e.f. 29.4.1973) and in its application in West Bengal the words 'of either description for a term … 27 of the Act, 1940 for violation of Sections 9 and 17 of the said Act.16. Provisions of Section 274 of IPC runs as follows :'Whoever adulterates any drug or medical preparation in such a manner as to

Thangapandian Vs State Rep. by The Inspector of Police,

Court : Chennai

by The Inspector of Police, F-5, Choolaimedu Police Station, . ..Respondent(s) Prayer: Criminal Original Petition filed 482 of the Criminal Procedure Code, 1973, to enlarge the Petitioner on bail in the event of arrest in Crime No.253 of 2026 on … of Police, F-5, Choolaimedu Police Station, . ..Respondent(s) Prayer: Criminal Original Petition filed 482 of the Criminal Procedure Code, 1973, to enlarge the Petitioner on bail in the event of arrest in Crime No.253 of 2026 on … in the hands of the respondent police for the offences punishable under Sections 274, 275, 123 of B.N.S. and Section 24(1) of The Cigarettes and