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Feb 07 2003

Yogendra Bhagatram Sachdev Vs. the State of Maharashtra and Shri Shamb ...

Court : Mumbai

Decided on : Feb-07-2003

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 294, 313, 391, 397, 428, 428(1) and 482; Negotiable Instruments Act - Sections 138 and 139; Code of Civil Procedure (CPC) - Order 41, Rule 27

Reported in : 2003(2)ALD(Cri)21; III(2003)BC158; 2003BomCR(Cri)810

of thisCourt. Criminal - additional evidence - Sections 294, 313, 391, 397, 428, 428 (1) and 482 of Criminal Procedure Code, 1973, Sections 138 and 139 of Negotiable Instruments Act and Order 41 Rule 27 of Code of Civil … A.S. Aguiar, J.1. By this application, presumably under Section482 of the Code of Criminal Procedure, 1973, theapplicant seeks to invoke the exercise of powersvested … for examination ofdefence witnesses and issue of witness summons, butthe learned Magistrate did not consider the saidapplication invoking Section 294 of the Code ofCriminal Procedure, 1973.18. It is further pointed out that the documentsExhibits D-1 to D-4 suggest

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Apr 09 2009

Akhtar and ors. Vs. State of Uttaranchal

Court : Supreme Court of India

Decided on : Apr-09-2009

Subject : Criminal

Acts : Uttar Pradesh Reorganization Act, 2000 - Sections 35; Indian Penal Code (IPC) - Sections 147, 148, 149, 302, 307 and 324; Code of Criminal Procedure (CrPC) , 1973 - Sections 294, 294(3), 378(3) and 379

Reported in : 2009(57)BLJR1481; JT2009(5)SC408; 2009(5)SCALE447; (2009)13SCC722; 2009(4)LC1721(SC); 2009AIRSCW3831

before Allahabad High Court on 29.09.1989 in which leave was granted under Section 378(3) of the Code of Criminal Procedure, 1973 (in short 'the CrPC') on 21.05.1992. However, the said appeal came to be transferred for its disposal … So the genuineness and authenticity of the documents stands proved and shall be treated as valid evidence under Section 294 of the CrPC. It is settled position of law that if the genuineness of any document filed by

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Sep 03 1982

Tokh Ram Vs. the State (Delhi Administration) and ors.

Court : Delhi

Decided on : Sep-03-1982

Subject : PropertyCriminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 294, 391 and 391(1)

Reported in : 22(1982)DLT434

of October, 1982. a) The case examined the exercise of power to order retrial under Section 386 of the Criminal Procedure Code, 1973 - The Appellate Court ordered retrial of the case after recording the additional evidence and re-examining the … to them. (2) During the course of preliminary enquiry under Section 202, Code of Criminal Procedure, 1973 (for short the Code) the complainants placed on … trial by oversight inadvertence. So a prayer was made that the same be admitted in evidence either under Section 294 or Section 311 (Section 311 quoted wrongly) of the Code by way of additional evidence. The prayer was

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Jun 20 2006

Chandrasekhar Mohanty Vs. Japani Sahoo

Court : Orissa

Decided on : Jun-20-2006

Subject : Criminal

Acts :   Indian Penal Code (IPC) - Sections 161, 294, 323 and 506; Code of Civil Procedure (CPC) - Sections 468; Code of Criminal Procedure (CrPC) , 1973 - Sections ; 467 to 473; Constitution of India - Article 21

Reported in : 2006(II)OLR133

rejection on the ground of limitation.5. In the Code of Criminal Procedure 1973, Chapter XXXVI has been added prescribing limitation for taking cognizance of certain … Ors. reported in : AIR1986Pat254 in support of such submission.4. It is well settled that the object of Criminal Procedure Code in putting a bar of limitation on prosecution was to prevent litigants from filing vexatious complaint cases or … such the order taking cognizance was hit by Section 468 of the Code of Criminal Procedure and is liable to be quashed. It was also … so to do in interest of justice - In instant case cognizance had been taken for offences under Section 294 and 323 of IPC - Period of limitation for taking cognizance for offences under Section 294 and 323

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Feb 19 1999

Ashok Kaushik Vs. State

Court : Delhi

Decided on : Feb-19-1999

Subject : Criminal

Acts : Constitution of India - Articles 226 and 227; Code of Criminal Procedure (CrPC), 1973 - Sections 91, 294 , 311 and 482

Reported in : 1999IIAD(Delhi)639; 78(1999)DLT423; 1999(49)DRJ202

court on 4.3.1999 unless an earlier date is fixed there. 27. Trial court record be sent back forthwith. Criminal Procedure Code, 1973 - Section 482, 294 & 311--Quashing of proceedings--Summoning of accused-Exercise of powers by trial court is permissible … ORDERJ.B. Goel, J.1. In this petition under Section 482 of the Code of Criminal Procedure (for short 'the Code') and Articles 226 and 227 of the Constitution of India, the

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Jun 10 1985

Divisional Manager, New India Assurance Co. Ltd. Vs. D. Latcha Naidu

Court : Andhra Pradesh

Decided on : Jun-10-1985

Subject : Company

Acts : Indian Penal Code (IPC), 1860 - Sections 109, 351, 418, 420 and 465; Code of Criminal Procedure (CrPC) , 1973 - Sections 202, 294, 319, 319(1) and 482

Reported in : [1987]62CompCas736(AP)

state that there are ample provisions in the Code of Criminal Procedure, 1973, in which the court can take cognizance against persons who have not … the judicial Magistrate, First Class, Srikakulam, are liable to be quashed by this court under section 482 of the Criminal Procedure Code. 6. In Delhi Municipality v. Ram Kishan Rohtagi, : 1983CriLJ159 , it was held that the inherent powers … Shivalingappa Konjalgi, : 1976CriLJ1533 , where the scope of sections 202 and 294 of the present Code was considered and while laying down the guidelines … of the judicial Magistrate, First Class, Srikakulam, under sections 109, 418, 420 and 465 of the Indian Penal Code against Y. S. S. Viswanadham, agent, New India Assurance Co. Ltd., Srikakulam, Sri K. Sriramachandramurthy, Inspector, New India

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Apr 24 2009

Ratan Singh Vs. State of M.P. and anr.

Court : Supreme Court of India

Decided on : Apr-24-2009

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 482; Indian Penal Code (IPC), 1860 - Sections 148, 149, 294, 302, 307, 323, 325, 333 and 341

Reported in : AIR2010SC597; JT2009(6)SC166; (2009)12SCC585; 2009AIRSCW7170

under Section 482 of the Code. Criminal - Framing of charge - Quashing of - Sections 482 of Criminal Procedure Code, 1973(Cr.P.C.) - Sections 148, 149, 294, 307, 323 and 341 - Respondent was accused of having committed various … No. 2. The High Court by the impugned order accepted the petition filed under Section 482 of the Code of Criminal Procedure, 1973 (in short the `Code'). Respondent No. 2 had filed the petition questioning framing of

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May 29 2008

Avnish Bajaj Vs. State

Court : Delhi

Decided on : May-29-2008

Subject : Criminal

Acts : Information Technology Act, 2000 - Sections 67 and 85; ;Negotiable Instruments Act, 1881 - Sections 138 and 141; ;Customs Act, 1962 - Sections 140; ;Employees' Provident Fund (Miscellaneous Provision) Act, 1952 - Sections 14A; Essential Commodities Act, 1955 - Sections 3 and 10; Iron and Steel Control Order, 1956; ;Communications Decency Act; ;Telecommunications Act, 1996; ;Child Online Protection Act, 1998; ;Children Internet Protection Act, 2003; ;Criminal Justice and Public Order Act, 1994; ;Protection of Children Act, 1978; ;Protection of Children (Amendment) Act, 1994; ;Indian Penal Code (IPC) - Sections 32, 35, 292, 292(1), 292(2), 294, 405 and 406; Code of Criminal Procedure (CrPC) , 1973 - Sections 91, 190(1), 173(2), 204, 319 and 482; Water (Prevention and Control

Reported in : 150(2008)DLT769; 2008(105)DRJ721

67 of the Information Technology Act 2000 (IT Act). This petition under Section 482 of the Code of Criminal Procedure 1973 ('CrPC') also raises questions concerning the criminal liability of directors for the offences attributable to a company, … did not even prima facie cause publication of the obscene material. 8.1 As far as the offence under Section 294 is concerned, the learned Counsel for the prosecution did not dispute the contention of the learned Counsel for

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Jan 03 2005

Mukesh Dhirubhai Ambani Vs. State of Orissa and anr.

Court : Orissa

Decided on : Jan-03-2005

Subject : Criminal

Acts : Negotiable Instruments Act - Sections 11 and 141; Code of Criminal Procedure (CrPC) , 1973 - Sections 155(2), 156(1), 202 and 482; Indian Penal Code (IPC) - Sections 34, 294, 323, 334, 423 and 506

Reported in : 2005CriLJ2902; 2005(I)OLR234

B.P. Das, J.1. This is an application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter 'Cr.P.C') with a prayer to quash the proceeding in I.C.C. No. 237 of 2003 pending in … B.P. Das, J.1. This is an application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter 'Cr.P.C') with a prayer to quash the … or with fine which may extend to one thousand rupees, or with both.'So far as the offence under Section 294, I.P.C. is concerned, there is nothing in the complaint petition to show that the petitioner had ever come

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May 19 2005

Sunil Gupta Vs. State of M.P.

Court : Madhya Pradesh

Decided on : May-19-2005

Subject : Criminal

Acts : Constitution of India - Article 141; Code of Criminal Procedure (CrPC) , 1973 - Sections 348, 438 and 439; Indian Penal Code (IPC) - Sections 34, 294, 327, 341, 409 and 420

Reported in : 2005(3)MPHT272; 2005(3)MPLJ467

the accused/applicants Sunil Gupta and Takeshwar Sahu had filed the applications under Section 438 of the Code of Criminal Procedure, 1973 (for short 'Cr.PC'), before this Court, as they apprehended their arrest in connection with Crime No. 31/2005 … are that the accused/applicants Sunil Gupta and Takeshwar Sahu had filed the applications under Section 438 of the Code of Criminal Procedure, 1973 (for short 'Cr.PC'), before this Court, as they apprehended their arrest in connection with … at Police Station, Bahoriband, Distt. Katni for the offences punishable under Sections 294, 341 and 327 of the Indian Penal Code, and in Crime No.

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