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Aug 10 2004

Vishal and anr. Vs. State of M.P.

Court : Madhya Pradesh

Decided on : Aug-10-2004

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1974 - Sections 311

Reported in : 2005(1)MPHT17

be prepared to proceed with the matter- Civil Procedure Code, 1908, Section 148 and Order 17 Rule 1- Criminal Procedure Code, 1973, Sections 309 and 314(3).'13. Looking to the above mentioned authorities of the Supreme Court, the learned Trial … Addl. Sessions Judge, Indore in Sessions Trial No. 407/2003 thereby dismissing an application under Section 311 of the Code of Criminal Procedure filed by the applicants for recalling two witnesses for the prosecution named Sunil Kushwaha (P.W.

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Apr 30 1998

G. Saroja Vs. Sundaramoorthy and Three Others

Court : Chennai

Decided on : Apr-30-1998

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 -- Sections 154, 157, 159, 161, 162, 314, 397 and 401; Evidence Act, 1872 -- Sections 3 and 8; Indian Penal Code (IPC), 1860 -- Sections 302 and 506

Reported in : 1998(3)CTC179

whicheveris earlier. Criminal - murder - Sections 154, 157, 159, 161, 162, 314, 397 and 401 of Criminal Procedure Code, 1973, Sections 3 and 8 … ante-timed or ante-dated or investigation was not fair and forthright. The relevant provision contained in Section 157 of the Criminal Procedure Code is really designed to keep the Magistrate informed of a congnizable offence so as to enable the investigation, … P2. P.W.6 registered a case in Crime No.532/88 under Sections 302 and 506 Part II of Indian Penal Code, and prepared Express FIR under Ex.P8. Then he sent the same to the concerned court and superior officers. … observed in the decision reported in Akalu Ahir v. Ramdeo Ram, : 1973CriLJ1404 , that the reason why retrial should not be ordered is that

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Jul 29 1999

State represented by P.P., of High Court Vs. Dr. Joaquim Antonio D'Sil ...

Court : Mumbai

Decided on : Jul-29-1999

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 5(2), 87, 88 and 314; Code of Criminal Procedure (CrPC) , 1973 - Sections 313 and 378; Evidence Act, 1872 - Sections 73; Medical Termination of Pregnancy Act, 1971 - Sections 3 and 4; Indian Medical Council Act, 1956 - Sections 2

Reported in : 2000(5)BomCR609

of the Indian Penal Code stood proved - CODE OF CRIMINAL PROCEDURE, 1973 [C.A. No. 2/1974]. Section 41: [ Swatanter Kumar, CJ, Smt Ranjana Desai … injection after which she collapsed. This defence is found in answer to question 55 put under section 313 Criminal Procedure Code to the respondent. In this statement he has also stated that he has neither issued certificate Exhibit P.W. … 18 years while causing miscarriage under section 314 of the Indian Penal Code. The prosecution had examined 8 witnesses in support of the charge. The … J.1. The respondent was tried for the death of Sajida Bi aged 18 years while causing miscarriage under section 314 of the Indian Penal Code. The prosecution had examined 8 witnesses in support of the charge. The respondent

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Jul 31 2000

Dineshbhai Dhemenrai Vs. State of Gujarat

Court : Gujarat

Decided on : Jul-31-2000

Subject : CriminalNarcotics

Acts : Constitution of India - Articles 14, 19, 20(1), 20(3), 21, 21(2), 22, 22(1), 22A, 31, 32, 39A, 51-A, 71(1), 132(1), 134(1), 136(1) and 226; Code of Criminal Procedure (CrPC) , 1973 - Sections 20, 39-A, 41, 49, 50, 54, 55, 56, 57, 75, 76, 93, 94, 97, 100(4) to (8), 151, 162, 165, 167, 173(7), 191, 207, 208, 218, 228(2), 235(2), 238, 240(2), 243, 248(2), 273, 303, 304, 304(1) and (2), 309, 313, 314, 317, 327, 340, 351, 360, 363, 374, 379, 380, 386, 400, 436, 437, 439 and 479; Indian Penal Code (IPC), 1860 - Sections 303, 304 and 395; Legal Services Authorities Act, 1987 - Sections 12; Narcotics Drugs and Psychotropic Substances Act, 1985 - Sections 20; Poor Persons Defence Act, 1930; Legal Aid and Advice Act; Evidence Act, 1872 - Sections 101-104, 121 to 131, 138, 148, 149 and 165; Probatio

Reported in : (2001)1GLR603

Conviction Appeal, on hand.2. In this appeal under Section 374 of the Code of Criminal Procedure, 1973, the appellant-original-accused has assailed the legality and validity … well in the Legal Services Authorities Act, 1987, over and above the provisions made in Section 304 of the Criminal Procedure Code, 1973.41. It would be fruitful to mention the steps suggested in England to assist the unaided and unrepresented … etc. of Cr.P.C.);xxi. Right to submit written arguments at conclusion of the trial in addition to oral submission (Section 314 of Cr.P.C.);xxii. Right to be heard about the sentence upon conviction (Sees. 235(2) and248(2) of Cr.P.C.);xxiii. Right to

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Oct 30 2007

V.R. Eswaramoorthy Vs. Suriya Chakra Spinning Mills Pvt. Ltd. by Its M ...

Court : Chennai

Decided on : Oct-30-2007

Subject : BankingCriminal

Acts : Negotiable Instruments Act - Sections 138; Code of Criminal Procedure (CrPC) , 1973 - Sections 216, 314, 319 and 482; Indian Penal Code (IPC) - Sections 304 and 420; Evidence Act - Sections 3

Reported in : 2007(5)CTC473

read out and explained by Magistrate (See Sohoni's Code of Criminal Procedure, 1973, 19th Edn., Vol.3, page 2514). As there is no material to hold … has been reserved, the petitioner filed a petition in C.M.P. No. 1384 of 2007 under Section 216 of the Criminal Procedure Code (in short 'Cr.P.C.')praying to alter / add a charge under Section 420 Indian Penal Code (in short 'IPC') … C.M.P. No. 1384 of 2007 under Section 216 of the Criminal Procedure Code (in short 'Cr.P.C.')praying to alter / add a charge under Section 420 … revision petitioner after the examination of all the witnesses were completed, after filing of the written arguments under Section 314 Cr.P.C, and when the case was posted for delivering judgment. Learned Counsel for the respondents further submitted that

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Mar 13 1991

Mangila Bibi Vs. Noor HossaIn and Another

Court : Kolkata

Decided on : Mar-13-1991

Subject : FamilyCriminal

Acts : Muslim Women (Protection of Rights on Divorce) Act, 1986 - Section 3;; Constitution of India - Article 314;; Code of Criminal Procedure (CrPC) , 1973 - Sections 125 and 125(1)

Reported in : AIR1992Cal92

wilful neglect and subsequently made an application before a competent Magistrate under S. 125 of the Code of Criminal Procedure, 1973 contending thatalthough divorced, she could still claim maintenance, looking to the enlarge meaning of 'wife' as given … cruelty and wilful neglect and subsequently made an application before a competent Magistrate under S. 125 of the Code of Criminal Procedure, 1973 contending thatalthough divorced, she could still claim maintenance, looking to the enlarge meaning of … her only in certain circumstances. Mr. Habibullah has drawn inspiration from Article 314 of Mulla's Mahomedan Law to argue that the power to give divorce … of marriage as noted in the Kabinnama, she made an application under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986,

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Sep 09 2008

State of U.P. Vs. Awdhesh

Court : Supreme Court of India

Decided on : Sep-09-2008

Subject : Criminal

Acts : Delhi Special Police Establishment Act, 1946; Indian Penal Code (IPC), 1860 - Sections 302, 314, 323, 395, 396, 397 and 447; Code of Criminal Procedure (CrPC) , 1973 - Sections 372 to 394, 417, 418, 423 and 423(1); Code of Criminal Procedure (CrPC) , 1898 - Sections 417

Reported in : 2008(12)SCALE288; 2008AIRSCW6344; 2008(4)Crimes30; 2008(6)Supreme505; 2008(5)LH(SC)3550

observed inter-alia as follows:This Court obviously did not and could not add a condition to Section 417 of the Criminal Procedure Code. The words were intended to convey the idea that an appellate court not only shall bear in mind … the respondent for offence punishable under Section 396 of the Indian Penal Code, 1860 (in short the `IPC') as was recorded by learned Vth Additional … for life by the said judgment; but he was acquitted of the charge relatable to offence punishable under Section 314 IPC.2. Background facts in a nutshell are as under:A dacoity was committed on 9.5.1973 at about mid day

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Feb 17 1998

Vijay Shankar Mishra Vs. State of U.P. and ors.

Court : Allahabad

Decided on : Feb-17-1998

Subject : CriminalConstitution

Acts : Narcotic Drugs and Psychotropic Substances Act; Terrorism and Destructive Activities (Prevention) Act; Government of India Act, 1935 - Sections 241(2); General Clauses Act, 1897 - Sections 21; Bombay Municipal Corporation Act - Sections 314; Income Tax Act - Sections 269UD and 276A; Constitution of India - Articles 14, 16(1), 141, 162, 226, 309, 310, 311, 311(2) and 313; Prevention of Corruption Act, 1988 - Sections 2, 5, 13(1)(E) and 13(2); Contempt of Courts Act; Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 24, 24(4), 34 and 321; Code of Civil Procedure (CPC) , 1908 - Sections 2(7); Uttar Pradesh State Law Officers Rules, 1942 - Rules 2, 4, 4(1), 4(2), 10, 13 and 14; Uttar Pradesh Crown Law Officers Rules, 1942; Uttar Pradesh Forest Service Rules, 1952 - Rule 27; Audi Alt

Reported in : 1999CriLJ521

on the date when Chapter XXI was inserted. It is a case of incorporation of Section 24 of Criminal Procedure Code, 1973, as it was, then in force. Prior to deletion of the words 'after the consultation of the … to the High Court for prior consultation under Section 24 of the Code of Criminal Procedure, as existed prior to the deletion of the words … of natural justice.83. In Olga Telis v. Bombay Municipal Corporation : AIR1986SC180 while dealing with the provisions of Section 314 of the Bombay Municipal Corporation Act, in which vast powers were given to the Municipal Corporation to remove

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Sep 19 2005

State of Mizoram Vs. Vanlalchhanga

Court : Guwahati

Decided on : Sep-19-2005

Subject : Criminal

Acts : Indian Penal Code (IPC) - Sections 341, 376 and 376(2); Code of Criminal Procedure (CrPC) , 1973 - Sections 313, 313(1), 314 and 342

subject as follows:As these circumstances were not put to the appellants in their statement under Section 313 of the Criminal Procedure Code they must be completely excluded from consideration, because the appellants did not have any chance to explain them. … the appellants in their statement under Section 313 of the Criminal Procedure Code they must be completely excluded from consideration, because the appellants did not … accused as that a material. To do so, would be prejudice the evidence without hearing the prosecution under Section 314 of the Code. Therefore, no, matter how weak of scanty prosecution evidence is in regard to certain incriminating

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Sep 19 2005

Rohlupuia Vs. State of Mizoram

Court : Guwahati

Decided on : Sep-19-2005

Subject : Criminal

Acts : Indian Penal Code (IPC) - Sections 307; Code of Criminal Procedure (CrPC) , 1973 - Sections 313, 313(1), 314 and 342

subject as follows:As these circumstances were not put to the appellants in their statement under Section 313 of the Criminal Procedure Code they must be completely excluded from consideration because the appellants did not have any chance to explain them. … examined at all the accused in terms of Section 313 of the Code of Criminal Procedure (in short, the 'Code'). What needs to be noted … the accused as that material. To do so, would be prejudice the evidence without hearing the prosecution under Section 314 of the Code. Therefore, no matter how weak of scanty prosecution evidence is in regard to certain incriminating

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