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K. Hashim Vs. State of Tamil Nadu

Court : Supreme Court of India

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 28, 120A, 120B, 489A, 489B, 489C, 489D and 489E; Code of Criminal Procedure (CrPC) , 1973 - Sections 164, 293 and 306; Evidence Act, 1872 - Sections 10, 114 and 133; Court of Criminal Appeal Act, 1907

Reported in : AIR2005SC128; 2005CriLJ143; JT2004(10)SC478; 2004(9)SCALE422; (2005)1SCC237

dismissed. Criminal - Indian Penal Code, 1860 - Sections 28, 120A, 120B, 489A, 489B, 489C, 489D, 489E - Criminal Procedure Code (Cr.PC), 1973 - Sections 164, 293, 306 - Evidence Act, 1872 - Sections 10, 114, 133 - Offence … 120B read with Section 489A, 489C and 489D of the Indian Penal Code, 1860 (in short the 'IPC').3. The prosecution accusations as unfolded during trial … and, therefore, his evidence was really of no assistance to the prosecution. The effect of Explanation 2 of Section 28 IPC has not been considered in the proper perspective. Even if it is accepted that an expert's evidence

Dr. Sunil Clifford Daniel Vs. State of Punjab

Court : Supreme Court of India

Subject : Criminal

Acts : Indian Penal Code (IPC), (IPC) 1860 - Sections 302, 201, 364; Special Marriage Act, 1954 - Section 28; Code Of Criminal Procedure (CrPC), 1973 - Sections 311, 313, 162(2)

claimed trial. The prosecution examined 15 witnesses and two court witnesses were also examined under Section 311 of Criminal Procedure Code, 1973 (hereinafter called as `Cr.P.C.’).O. After the conclusion of the trial and appreciation of the evidence in full, … convicting the appellant under Sections 302 and 201 of the Indian Penal Code, 1860 (hereinafter referred to as the ‘IPC’), and awarded him a sentence … June 1994.B. As per the appellant, a petition for divorce by mutual consent was filed on 20.2.1996, under Section 28 of the Special Marriage Act, 1954 in the Court of the District Judge, Ludhiana, and both parties therein,

Praveen Kumar Vs. the State of Bihar

Court : Patna

Subject : Motor VehiclesCriminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 482; Motor Vehicles Act, 1988 - Sections 88 and 196; Bihar Motor Vehicle Taxation Act, 1994 - Sections 28(7); Bihar Reorganisation Act, 2000 - Sections 2, 67 and 67(1); Jharkhand Motor Vehicles Taxation Act, 2001

and the impugned order is modified to this extent.15. With the aforesaid direction this application is disposed of. Criminal Procedure Code, 1973, Section 482 - Bihar Motor Vehicle Taxation Act, 1994, Section 28 (7)--Motor Vehicles Act, 1988, Section 106--Bihar … I.P. Singh, J. 1 This is an application under Section 482 of the Code of Criminal Procedure, 1973 (in short the Code). It has come up for admission. It is directed against

Satheesh Vs. Enquiry Commissioner and Special Judge

Court : Kerala

Subject : Criminal

Acts : Prevention of Corruption Act, 1988 - Sections 2; Kerala Guruvayur Devaswom Act, 1978 - Sections 28(4); Indian Penal Code; Code of Criminal Procedure (CrPC) , 1973 - Sections 154 amd 156(3)

Reported in : 2003(3)KLT480

(4) of Kerala Guruvayur Devaswom Act, 1978, Indian Penal Code, 1860 and Sections 154 and 156 (3) of Criminal Procedure Code, 1973 - Special Court has to examine available materials so as to satisfy itself that complaint which is … public servants within the meaning of Section 21 of the Indian Penal Code. After the completion of the audit, the audit report is given to … shall approach the court to rectify or to set aside the order.6. Our attention is also invited to Section 28 of the Act. Sub-section (4) of Section 28 of the Act says that every person authorised by the

Mohandas Vs. Enquiry Commissioner and Special Judge

Court : Kerala

Subject : Criminal

Acts : Guruvayoor Devaswom Act, 1978 - Sections 28(4); Prevention of Corruption Act - Sections 2; Indian Penal Code (IPC) - Sections 3, 4, 13(1), 406 and 409; Code of Criminal Procedure (CrPC) , 1973 - Sections 154, 156, 156(3) and 190

Reported in : 2004CriLJ509; 2004(1)KLT873

findings contained in the impugned order. Criminal - enquiry - Sections 156 and 190 of Criminal Procedure Code, 1973, Section 2 of Prevention of Corruption Act, 1988, Section 28 of Guruvayoor Devaswom Act, 1978 and Sections 3, 4, … jurisdiction of the Court of the Special Judge, Thrissur (for short the 'Special Court') under Section 190 of the Criminal Procedure Code, the prayer made therein is to forward the complaint to the Vigilance and Anti-corruption Department for enquiry. Section … public servants within the meaning of Section 21 of the Indian Penal Code. After the completion of the audit, the audit report is given to

Goondla Venkateswarlu Vs. State of A.P. and anr.

Court : Supreme Court of India

Subject : Criminal

Acts : Andhra Pradesh General Sales Tax Act, 1957 - Sections 27, 28, 28(2), 28(3), 28(4) and 37; Code of Criminal Procedure (CrPC) , 1973 - Sections 155(2), 156(1), 197 and 482; General Clauses Act; Indian Penal Code (IPC), 1860 - Sections 380, 384, 448 and 506; Constitution of India - Article 226

Reported in : 2008(2)ALD(Cri)876; 2008(230)ELT202(SC); [2008(4)JCR31(SC)]; JT2008(9)SC521; 2009(I)OLR(SC)233; 2008(11)SCALE707; (2008)9SCC613; 2008AIRSCW5748; 2008(4)Crimes83; 2008(6)Supreme472; 2008(5)LH(SC)3405

Andhra Pradesh High Court dismissing the petition filed by the appellant under Section 482 of the Code of Criminal Procedure, 1973 (in short `Cr.P.C.'). The prayer was to quash the proceedings before learned Additional Judicial Magistrate, First Class, … dismissing the petition filed by the appellant under Section 482 of the Code of Criminal Procedure, 1973 (in short `Cr.P.C.'). The prayer was to quash … alleged acts had nothing to do with discharge of official duty.With reference to Sub-sections (3) and (4) of Section 28 it was observed by the High Court that the acts complained of are not encompassed by the said

R.M. Donde, Income-tax Officer Vs. Mukundrai Kuberdas Katakia and Anot ...

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 18, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 43, 133, 145, 276, 276B, 283, 285 and 286; Indian Penal Code (IPC), 1860 - Sections 193 and 467; Code of Criminal Procedure (CrPC) , 1973 - Sections 276, 278(5) and 378(5)

Reported in : (1988)90BOMLR502; [1989]176ITR381(Bom)

July 28, 1981. Counsel for the accused formulates this contention, vide, limitation, thus : Section 378(5) of the Code of Criminal Procedure, 1973, which governs these appeals, prescribes a period of six months for moving an application … and the appeals dismissed. Income-tax Act (Act XLIII of 1961), Sections 276(b), 285, 18, 43, 145, 194A - Criminal Procedure Code, 1973 (Act II of 1974), Section 378(5)--Limitation Act (Act XXXVI of 1963), Section 12(2)--Time spent in obtaining certified

Sunil Mehdiratta Vs. Union of India

Court : Delhi

Subject : Criminal

Acts : Companies Act, 1956; Customs Act, 1962 - Sections 18(2), 24, 28 and 111; Code of Criminal Procedure (CrPC) , 1973 - Sections 205, 273, 309, 309(1) and 309(2); Bombay Public Trusts Act, 1950

Reported in : 94(2001)DLT537; 2002(61)DRJ545; 2002(79)ECC767; 2002(146)ELT281(Del)

exercise of a discretionary power under section 309 Code of Criminal Procedure, 1973 (in short, Code). This Section provides that it from a short absence … hearing of a criminal case in exercise of its discretionary power under Section 309 of the Code of Criminal Procedure if the disposal of any proceeding under the Act which has a bearing on the proceedings before it … case in exercise of its discretionary power under Section 309 of the Code of Criminal Procedure if the disposal of any proceeding under the Act … issued by the authorities under the Customs Act, 1962 (in short, the Act) Earlier notices were issued under Section 28 of 111 of the Act. Same was subject matter of challenge in Crl Writ No. 1348/2001. The said

Essar Oil Limited and ors. Vs. Central Bureau of Investigation and anr ...

Court : Gujarat

Subject : Criminal

Acts : Indian Penal Code (IPC) - Sections 120B and 420; Prevention of Corruption Act, 1988 - Sections 13(1) and 13(2); Customs Act, 1962 - Sections 15(1), 28(1), 111, 112 and 114A; Police Act, 1861 - Sections 3 and 36; ; Official Secrets Act, 1923 - Sections 3 and 4; Delhi Special Police Establishment Act - Sections 6; Code of Criminal Procedure (CrPC) , 1973 - Sections 19(1), 91, 154,156, 169, 170, 173, 173(1), 173(2) to (6), 173(8), 190, 190(1), 482 and 491; Constitution of India - Articles 20(2), 226 and 227; Indian Penal Code (IPC) - Sections 34; Code of Criminal Procedure (CrPC) , 1898 - Sections 173

Reported in : 2010CriLJ224

of India read with Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.), the petitioners seek the following substantive reliefs:[A] Your Lordships may be … be any dispute about the filing of supplementary report in a case where report under Section 173(2) of the Criminal Procedure Code is filed in the Court being permissible under Section 173(8) of the Code, but no provision was brought … for the investigating agency to carry out further investigation under Section 173(8) CrPC after the final report under Section 173(2) has been submitted before the … payment of fine of Rs. 20 crores, confirmed a duty demand of Rs. 96,26,92,711/- under the proviso to Section 28(1) of Customs Act, 1962 and imposed penalties against M/s. EOL and the officers of the company and the

Daphira Wallang and Another Vs. Inspector of Customs HPU and Others

Court : Karnataka

Subject : Land Acquisition

from producing several exhibits and material objects. The statements of the accused were recorded under Section 313 of the Criminal Procedure Code, 1973 (Hereinafter referred to as ihe 'C.PC', for brevity). Thereafter, the prosecution and the accused having been heard, … record to superior official as well as exercise of Section 100 of CrPC was included by the legislature. The effect conferred upon the previously mandated … 2565 grams and attempted to export the same to other countries and thereby committed the offence punishable under Section 28 of the NDPS Act?". Point no.1(a) was answered partly in the affirmative and the other points in the