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Dombivli Municipal Council Vs. Sundrabai Khimji Chedha (Smt.) and Khim ...
Mumbai
Dec-02-1981
CriminalLimitation
Maharashtra Municipalities Act, 1956 - Sections 137, 139, 296(2) and 299; Code of Criminal Procedure (CrPC) , 1973 - Sections 473; Limitation Act, 1963 - Sections 3, 4 to 24 and 29(2); Maharashtra Municipalities (Amendment) Act, 1965 - Sections 296, 296(2) and 299; Limitation (Amendment) Act, 1965 - Sections 5
1982(1)BomCR126; (1982)84BOMLR109
Along with the complaint by way of precaution, the petitioner complainant filed an application under section 473 of the Criminal Procedure Code, requesting the Court for taking cognizance of the offence after condoning the delay in instituting the said criminal … petitioner complainant filed an application under section 473 of the Criminal Procedure Code, requesting the Court for taking cognizance of the offence after condoning the … true facts a notice was sent to the respondent on August 8, 1973 and , therefore, the complaints which are filed on January 2, 1979 … that the complaint filed by the petitioner is time-barred and the prosecution is barred by the provisions of section 296(2) of the Maharashtra Municipalities Act, 1965 as it is fell beyond statutory period of six months. It is
Tag this Judgment! AI Brief & Askindo International Ltd., a Company Incorporated Under the Provisions o ...
Mumbai
Jul-15-2005
Criminal
Negotiable Instruments Act, 1881 - Sections 138, 141, 145, 145(1) and 145(2); Negotiable Instruments (Amendment and Miscellaneous Provisions) Act, 2002; Evidence Act; Code of Criminal Procedure (CrPC) , 1973 - Sections 296, 296(2) and 296(1)
2005CriLJ208
of the said Act of 1881 reads thus:' Evidence on affidavit-(1). Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the evidence of the complainant may be given by him on affidavit and may, … of 1881 reads thus:' Evidence on affidavit-(1). Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the evidence of the complainant … 8 SCC 573, State of Punjab v. Naib Din, wherein the Apex Court has considered the provisions of Section 296(2) of the said Code of 1973. It must be stated that Sub-section (1) of Section 296 deals with
Tag this Judgment! AI Brief & AskState of Punjab Vs. Naib Din
Supreme Court of India
Sep-28-2001
Criminal
Opium Act - Sections 9; Code of Criminal Procedure (CrPC) , 1973 - Sections 296, 296(2) and 313
2001VIIIAD(SC)61; AIR2001SC3955; 2001ALLMR(Cri)2154(SC); 2001CriLJ4656; JT2001(8)SC189; 2001(6)SCALE532; (2001)8SCC578; 2002(1)LC229(SC)
the sample to the Chemical Examiner. When the respondent was examined under Section 313 of the Code of Criminal Procedure (for short 'the Code') he repudiated the allegation made against him and put forward a version that he … Chemical Examiner. When the respondent was examined under Section 313 of the Code of Criminal Procedure (for short 'the Code') he repudiated the allegation made … indispensable course to examine the police official who played only a formal role during investigation. In this context Section 296 of the Code can be read: '(1) The evidence of any person whose evidence is of a formal … has observed in Shivaji Sahabrao Bobade vs . State of Maharashtra : 1973CriLJ1783 that such an omission does not ipso facto vitiate the proceedings unless
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Muraleedharan Vs. Sreeram Investment Ltd.
Kerala
Jun-01-2005
CriminalLimitation
Negotiable Instruments Act, 1881 - Sections 138 and 142; Limitation Act, 1963 - Sections 5; Banking, Public Financial Institutions and Negotiable Instruments Law (Amendment) Act, 1988 - Sections 138; Negotiable Instruments (Amendment) Act, 2002; General Clauses Act, 1897; Code of Criminal Procedure (CrPC) , 1973 - Sections 296, 397 and 401
III(2006)BC316; [2006]129CompCas465(Ker); 2006(1)KLT131
Cognizance of offences: Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974)--(a) no court shall take cognizance of any offence punishable … in their respective affidavit and the counter affidavit. In this context a reference to the provisions contained in Section 296 in Chapter XXIII of the Code of Criminal Procedure which deals with evidence in inquiries and trials is … learned Magistrate is under challenge in this petition filed under Sections 397 and 401 of the Code of Criminal Procedure.4. The Negotiable Instruments Act 1881 was amended by the Banking, Public Financial Institutions and Negotiable Instruments Law (Amendment) … challenge in this petition filed under Sections 397 and 401 of the Code of Criminal Procedure.4. The Negotiable Instruments Act 1881 was amended by the
Tag this Judgment! AI Brief & AskUnited Ink and Varnish Co. Ltd. Vs. State of ors.
Delhi
Oct-20-2000
Criminal
Negotiable Instruments Act, 1881 - Sections 138/141, 200 and 510A; Public Financial Institutions & Negotiable Instruments Laws (Amendment) Act, 1988 - Sections 138, 139 to 142; Code of Criminal Procedure (CrPC) , 1973 - Sections 251, 260 and 296; Indian Penal Code (IPC), 1860 - Sections 417 and 420; Code of Civil Procedure (CPC), 1908 - Sections 30 - Order XIX, Rules 1 and 2
2001IIAD(Delhi)783; 89(2001)DLT367; 2001(57)DRJ402
Cognizance of offences.- Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974)(a) no court shall take cognizance of any offence punishable … the statements of other formal witnesses can be taken by the Court by way of affidavits as per Section 296 of the Code of Criminal Procedure which is similar to Section 30(c) and Order XIX Rules 1 & … Section 138 is to be taken by the court of M.M., notwithstanding anything contained in the Code of Criminal Procedure.7. Section 142 of the Act reads as under:142. Cognizance of offences.- Notwithstanding anything contained in the Code of … be taken by the court of M.M., notwithstanding anything contained in the Code of Criminal Procedure.7. Section 142 of the Act reads as under:142. Cognizance
Tag this Judgment! AI Brief & AskMandvi Co-op. Bank Ltd. Vs. Nimesh B. Thakore
Supreme Court of India
Jan-11-2010
BankingCriminal
Negotiable Instruments Act, 1881 - Sections 138 to 142 and 143 to 147; Negotiable Instruments (Amendment and Miscellaneous Provisions) Act, 2002; Negotiable Instruments Laws (Amendment) Act, 1988; Information Technology Act, 2000; Evidence Act, 1891 - Sections 113A, 137 and 165; Code of Criminal Procedure (CrPC) , 1973 - Sections 251, 254, 262 to 265, 273, 294, 296, 296(2), 315, 316 and 482; Indian Penal Code (IPC), 1860 - Sections 137 and 498A; Constitution of India - Article 20(3)
2010(1)BomCR614; JT2010(1)SC259; 2010(I)OLR(SC)306; 2010(1)SCALE188; (2010)3SCC83; [2010]98SCL139(SC); 2010(1)LC454(SC)
try cases summarily.(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), all offences under this Chapter shall be tried by … had before it a large number of writ petitions and applications under Section 482 of the Code of Criminal Procedure. Most of those petitions were filed on behalf of the accused but a few were also at the … large number of writ petitions and applications under Section 482 of the Code of Criminal Procedure. Most of those petitions were filed on behalf of … as designed under Sections 143 to 147.23. Mr. Ranjit Kumar next submitted that Section 145(2) was identical to Section 296(2) of the Code of Criminal Procedure and this Court, in its decision in State of Punjab v. Naib
Tag this Judgment! AI Brief & AskPeacock Industries Ltd., Vs. Budhrani Finance Ltd. and State of Mahara ...
Mumbai
Jul-14-2006
Commercial
Negotiable Instruments Act, 1881 - Sections 9, 138 to 147 and 165; Negotiable Instruments (Amendment and Miscellaneous Provisions) Act, 2002 - Sections 138, 141, 142 and 143 to 147; Evidence Act - Sections 136, 141 and 142; The Banking, Public Financial Institutions and the Negotiable Instruments Laws (Amendment) Act, 1988 - Sections 138 to 142 and 143 to 149 ; Constitution of India - Articles 20(3), 226 and 227; Code of Criminal Procedure (CrPC) , 1973 - Sections 88, 204, 294, 296, 296(1), 296(2), 306, 307, 313, 315, 315(1), 316, 461 and 482
IV(2006)BC302; 2006(5)MhLj162
out an exception to the provisions of the Code of Criminal Procedure, 1973. A reference to the judgment of this Court in criminal Application No. … case the accused was given an opportunity to make a statement under Section 294 of the Code of Criminal Procedure (for short 'the Code'). Most of the cases in this group are arising from similar orders passed on … given an opportunity to make a statement under Section 294 of the Code of Criminal Procedure (for short 'the Code'). Most of the cases in … of the Supreme Court in State of Punjab v. Naib Din : 2001CriLJ4656 , wherein the provisions of Section 296(2) of the Code were under consideration, was considered and referred to by the learned Single Judge and he
Tag this Judgment! AI Brief & AskDeba Prasad Roy and anr., Vs. Regional Director, Department of Company ...
Kolkata
May-11-2007
Company
Companies Act, 1956 - Sections 173(2), 209A, 210(1), 210(3), 210(5), 211, 628, 633(1) and 633(2); ;Companies Rules; ;Companies Act, 1913 - Section 282; ;Code of Criminal Procedure (CrPC) , 1973 - Sections 4(2), 295 and 296; ;Indian Penal Code; ;Criminal Law; ;English Law
2007(4)CHN238,[2008]141CompCas140(Cal),(2008)1CompLJ416(Cal),[2008]83SCL280(Cal)
for such an enquiry. Section 4(2) of the Code of Criminal Procedure, 1973 ('Code' for short), provides that all offences under any other law (other … that the provisions could not be equated with a provision for discharge or acquittal under the Code of Criminal Procedure. The grounds on which an accused can seek to be excused under Section 633(1) of the Act are … was found that the provisions could not be equated with a provision for discharge or acquittal under the Code of Criminal Procedure. The grounds on which an accused can seek to be excused under Section 633(1) of … the Code to adduce such evidence through affidavits, namely, Sections 295 and 296 of the Code.26. In the Sanatan Ganguly v. State [1984] 56 Comp
Tag this Judgment! AI Brief & AskState of Maharashtra Vs. Mohammed Yusuf Noormohammed and ors.
Mumbai
Dec-20-1988
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 482; Indian Penal Code (IPC) - Sections 153, 296, 298 and 333
1989(1)BomCR1
Criminal - quashing of proceedings - Section 482 of Criminal Procedure Code, 1973 and Sections 153, 153A, 295A, 296, 298 and 505 of Indian Penal … having been impleaded in the said proceeding have moved this Court invoking inherent jurisdiction under section 482 of the Criminal Procedure Code for quashing of the said two complaints even though filed by private citizens. This in short is the … this Court invoking inherent jurisdiction under section 482 of the Criminal Procedure Code for quashing of the said two complaints even though filed by private … the provocation with the intention or likelihood to cause rioting. Similarly is the contention regarding the offences under section 296 of the Indian Penal Code which deals with disturbing religious assembly prescribing that any one who voluntarily causes
Tag this Judgment! AI Brief & AskRani Joseph Vs. Registrar of Companies
Kerala
Jun-02-1995
CompanyCriminal
Companies Act, 1956 - Sections 159, 162 and 220; Code of Criminal Procedure (CrPC) , 1973 - Sections 468 and 472
[2001]103CompCas928(Ker); 1995CriLJ3832
period of limitation if such period is applicable because the interest of justice so requires. Section 473 of the Criminal Procedure Code empowers a court to take cognisance of an offence after the period of limitation, if it is satisfied … of commission of the offence as it is barred by limitation. The provisions of Section 468 of the Code of Criminal Procedure, which deal with limitation regarding cognisance of the offence, are pressed into service to advance … for all.'(See the decision in State of Bihar v. Deokaran Nenshi, AIR 1973 SC 908 at 909 paragraph 5).9. To formulate the above expression which … A. L. Smith, agreeing with the view of Lord Lindley, said (page 296) :'If once a cause of action arises, and the acts complained of
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