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Likhama Ram Vs. State of Rajasthan and anr.

Court : Rajasthan

Subject : Criminal

Acts : Indian Arms Act - Sections 27; Code of Criminal Procedure (CrPC) , 1973 - Sections 228, 230, 231, 231(1), 231(2), 309, 309(1), 309(2), 311, 313 and 482; Indian Penal Code (IPC) - Sections 302; Code of Criminal Procedure (CrPC) , 1898 - Sections 344;

Reported in : 1998CriLJ2635; 1998(2)WLC350; 1997(2)WLN713

similar to the provisions of Section 309 of the Criminal Procedure Code 1973) was to be exercised in judicial manner and if the power was … the Forensic Science Laboratory and if they are of incriminating nature, he shall comply with the provisions of the Criminal Procedure Code so far as examination of the accused under Section 313 Cr. P.C. is concerned. If any objection is … incriminating nature, he shall comply with the provisions of the Criminal Procedure Code so far as examination of the accused under Section 313 Cr. P.C. … v. Himmata Ram. By his order dated 27-8-1997 the learned Additional Sessions Judge declined to grant adjournment under Section 309 Cr. P. C. for production of witnesses and rejected the application moved by the Additional Public Prosecutor for

Smt. Gian Kaur Vs. State of Punjab

Court : Supreme Court of India

Subject : CriminalConstitution

Acts : Constitution of India - Articles 14 and 21; Indian Penal Code (IPC), 1860 - Sections 107, 306 and 309; Probation of Offenders Act, 1958 - Sections 562; Code of Criminal Procedure (CrPC) ; Suicide Act, 1961; Code of Criminal Procedure (CrPC) , 1973 - Sections 360;

Reported in : AIR1996SC1257; 1996(1)ALD(Cri)102; 1996(1)ALT(Cri)535; 1996(2)BLJR809; 1996CriLJ1660; 1996(1)CTC454; (1996)2GLR563; (1996)2GLR563; JT1996(3)SC339; 1996(2)SCALE881; (1996)2S

Offenders Act, 1958 or Section 562 of the Code of Criminal Procedure, 1908 corresponding to Section 360 of the Criminal Procedure Code, 1973 : Mt. Bamkat v. Emperor :AIR (1934) Lah. 514; Emperor v. Dwarka Pooja :14 Bom. L.R. 146; … Singh were convicted by the Trial Court under Section 306, Indian Penal Code, 1860 (for short 'IPC') and each sentenced to six years R.I. and … of India and Anr. : 1994CriLJ1605 , by a Bench of two learned Judges of this Court wherein Section 309, IPC has been held to be unconstitutional as violative of Article 21 of the Constitution. It is urged

Thana Singh. Vs. Central Bureau of Narcotics.

Court : Supreme Court of India

Subject : Criminal

Acts : Narcotics Drugs and Psychotropic Substances Act (NDPS), 1985 - Section 37; Constitution of India - Articles 141, 32, 21; Code of Criminal Procedure(CrPC), 1973 - Sections 309(2), 24; Prevention of Corruption Act, 1988 - Section 22(c)

enacted a crucial amendment in the form of a fourth proviso to Section 309(2) of the Code of Criminal Procedure, 1973 (through Section 21 (b) of Act 5 of 2009) to tackle the problem, but the same awaits … The legislature enacted a crucial amendment in the form of a fourth proviso to Section 309(2) of the Code of Criminal Procedure, 1973 (through Section 21 (b) of Act 5 of 2009) to tackle the problem, but

Akil Alias Javed. Vs. State of Nct of Delhi

Court : Supreme Court of India

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 302, 392, 34, 354, 411, 376; Code Of Criminal Procedure (CrPC), 1973 - Sections 313, 231, 230, 309

JJ.] Indian Penal Code (IPC), 1860 - Sections 302, 392, 34, 354, 411, 376; Code Of Criminal Procedure (CrPC), 1973 - Sections 313, 231, 230, 309 -- Punishment for murder --  The learned counsel then contended that the … unlawful advantage. In this respect, it is relevant to refer to the provisions contained in Chapter XVIII of the Criminal Procedure Code whereunder Section 231 it has been specifically provided that on the date fixed for examination of witnesses as

Mr. Uday Mohanlal Acharya Vs. State of Maharashtra, Through G.B.C.B.C. ...

Court : Mumbai

Subject : Criminal

Acts : Maharashtra Protection of Interest of Depositors (Financial Establishment) Act, 1999 - Sections 3, 4, 7, 8, 9. 10, 12, 13, 14, 16, 57 and 167(2); Code of Criminal Procedure (CrPC) , 1973 - Sections 5, 62, 127, 128, 129, 130, 173, 309, 436, 437, 439 and 450; Bombay Police Act, 1951 - Sections 96(1); Constitution of India - Article 254(1); Indian Penal Code (IPC), 1860 - Sections 6, 406 and 420; Narcotic Drugs and Psychotropic Substance Act, 1985; Terrorist and Disruptive Activities Prevention Act, 1987 - Sections 20(4);

Reported in : 2001CriLJ4563

person, shall follow the procedure prescribed in the Code of Criminal Procedure, 1973 (2 of 1974), for the trial of warrant cases by Magistrates.(2) The … that now since the challan has been filed, obviously, custody of the accused is valid and governed by section 309 of the Code of Criminal Procedure and the accused cannot claim his release on bail under the proviso … the accused in custody for commission of an offence under Section 3. Section 13(2) expressly incorporates provisions of Criminal Procedure Code to the proceedings before Designated Court as far as may be applicable. The proviso to sub-section (2) of … for the offences under sections 406 and 420 of the Indian Penal Code read with section 3 of the Act of 1999. The Petitioner is

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 … postpone the 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

State of Rajasthan Vs. Ikbal Hussen

Court : Supreme Court of India

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 279, 304A, 337 and 338; Constitution of India - Articles 14, 21, 226 and 227; Code of Criminal Procedure (CrPC) , 1973 - Sections 258, 309, 311 and 482

Reported in : 2004(2)ALD(Cri)868; JT2004(8)SC369; 2004(7)SCALE627; (2004)12SCC499; 2005(1)LC96(SC)

Sections 279, 304A, 337 and 338 - Constitution of India - Articles 14, 21, 226 and 227 - Criminal Procedure Code (CrPC), 1973 - Sections 258, 309, 311 and 482 - Right to speedy Trial - Production of respondent for commission … concerned court to take up the matter on day to day basis, keeping in view the mandate of Section 309 of the Code of Criminal Procedure, 1973 (in short the 'Cr.P.C.').6. Appeal is accordingly allowed. Criminal - Indian

State of Uttar Pradesh Vs. Lakshmi Brahman and anr.

Court : Supreme Court of India

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 57, 84, 116, 125, 137, 138, 145, 146, 159, 167, 167(1), 167(2), 170, 190, 190(1), 193, 202, 204, 207, 209, 227, 309, 309(2), 437, 437(1) and 439; Code of Criminal Procedure (CrPC) (Amendment) Act, 1978; Indian Penal Code (IPC) - Sections 302

Reported in : AIR1983SC439; 1983CriLJ839; 1983(1)Crimes797(SC); 1983(1)SCALE274; (1983)2SCC372; [1983]2SCR537

60 days as contemplated by Sub-section 2 of Section 167 of 1973 Code prior to its amendment by the Criminal Procedure Code (Amendment) Act, 1978 which enlarges the period from 60 to 90 days where the investigation relates to an … other than the police custody? The High Court was of the opinion that since after the enactment of CrPC, 1973, the proceeding before the Magistrate under Chapter XVI of the Code would not be an enquiry within the … before committing the accused to Court of Sessions nor is he competent to try the accused and therefore Section 309 would not enable him to remand the accused to custody. In terms High Court held that in such

Kurra Dasaratha Ramaiah and ors. Vs. State of Andhra Pradesh

Court : Andhra Pradesh

Subject : Criminal

Acts : Customs Act - Sections 104 and 135; Code of Criminal Procedure (CrPC) , 1973 - Sections 109, 110, 167, 167(2), 209, 309, 437, 437(2), 437(3) and 439(2); ;Code of Criminal Procedure (CrPC) , 1898 - Sections 54(1) and 55(1), 57 and 61; Indian Penal Code (IPC), 1860 - Sections 44B, 120B, 147, 148, 149 and 302; ;Constitution of India - Article 22

Reported in : 1992(1)ALT269; 1992CriLJ3485

point. For instance, in cases where a person is sought to be proceeded against under Chapter VIII of the Criminal Procedure Code, it would be open to him to represent that circumstances have materially changed and a further remand has … well to notice the relevant statutory provisions. Section 41(1) of the Cr.P.C., 1973 corresponding to the Sections 54(1) and 55(1) of the old Code 1898, … stage the Magistrate has power to remand the accused to custody subject to the provisions of the Code. Section 309 is a general section dealing with the power of the Court to postpone or adjourn proceedings : it … 120B, 44B, 147, 148, 302 read with 149 of the Indian Penal Code, seeking enlargement on bail pending enquiry and trial, has gravitated from a

The State of Maharashtra and ors. Vs. Saeed Sohail Sheikh

Court : Supreme Court of India

Subject : Criminal

Acts : Maharashtra Control of Organised Crime Act, 1999; Maharashtra Prison (Discipline) Rules of 1963; Prisoners Act, 1900 - Section 29; Code Of Criminal Procedure (CrPC) 1973 - Sections 167, 309

Act, 1999; Maharashtra Prison (Discipline) Rules of 1963; Prisoners Act, 1900 - Section 29; Code Of Criminal Procedure (CrPC) 1973 - Sections 167, 309 -- It is total domain of Jail Authorities to transfer accused to other jails … the prison. Reference in this connection may be made to Sections 167 and 309 of the Code of Criminal Procedure, 1973. Section 167(2) empowers the Magistrate to whom an accused is forwarded whether or not he has jurisdiction