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Hiten Prasad Dalal and Others Vs. Abhay Dharmasi Narottam and Another

Court : Mumbai

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 161, 243, 313, 315 and 342-A; Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992 - Sections 6; Prevention of Corruption Act, 1988 - Sections 2, 13(1) and 13(2); Evidence Act, 1872 - Sections 10; Indian Penal Code (IPC), 1860 - Sections 120-B, 409, 411, 467, 468 and 471

Reported in : 1998(5)BomCR822; 1998BomCR(Cri)43

his defence on oath which the said accused No. 3 has sought as provided under section 315 of the Criminal Procedure Code. By and large the grounds for such opposition as contained in all these applications and/or reasons or justifications … of and in the light of provisions as contained in section 315 of Cri.P.C. (hereinafter referred to as Code) its scope, amplitude, meaning, implications and consequences and which section gives the right to the accused of examining … case of Tribhuvan nath v. The State of Maharashtra, reported in A.I.R. 1973 S.C.p. 450 directly on the issue. However since 6 out of 12

Mandvi Co-op. Bank Ltd. Vs. Nimesh B. Thakore

Court : Supreme Court of India

Subject : BankingCriminal

Acts : 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)

Reported in : 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 … High Court 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 … give his evidence on affidavit subject to the provisions contained in Sections 315 and 316 of the Code.6. Coming then to the question (B), the

Abdul Nazar Vs. Dileepkumar

Court : Kerala

Subject : Criminal

Acts : Negotiable Instruments Act, 1881 - Sections 138, 139 and 357(3); Code of Criminal Procedure (CrPC) , 1973 - Sections 315 and 315(1)

Reported in : III(2005)BC28; 2004CriLJ4707; 2004(3)KLT264

as directed above. Criminal - conviction - Section 138 of Negotiable Instruments Act, 1881 and Section 315 of Criminal Procedure Code, 1973 - petition against conviction under Section 138 - no Court can comment on failure, omission or refusal … above. Criminal - conviction - Section 138 of Negotiable Instruments Act, 1881 and Section 315 of Criminal Procedure Code, 1973 - petition against conviction under Section 138 - no Court can comment on failure, omission or refusal

Central Bureau of Investigation, Bank Securities and Fraud Cell Vs. Mu ...

Court : Mumbai

Subject : Criminal

Acts : Notaries Act, 1952 - Sections 8; Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992 - Sections 9(4); Code of Criminal Procedure (CrPC) , 1973 - Sections 154, 161, 313, 315, 345 and 482; Indian Penal Code (IPC), 1860 - Sections 21, 109, 120-B, 405, 409, 411, 420, 467, 468 477 and 1208; Evidence Act, 1872 - Sections 3, 8, 9, 10, 74, 76, 78, 105 and 114; Prevention of Corruption Act, 1988 - Sections 13(2); Indian Companies Act, 1956 - Sections 617; Prevention of Corruption Act, 1958 - Sections 2 and 19; Reserve Bank of India, 1934 - Sections 45-I; Banking Regulation Act, 1949 - Sections 5, 11(1), 21 and 35; Maharashtra Co-operative Societies Act, 1960; Indian Companies Act, 1956 - Sections 234, 235, 240 and 242(1); Constitution of India

Reported in : 1999(3)BomCR189

Maharashtra and another), reported in A.I.R. 1973 S.C. 450. That was a case which arose under the Old Criminal Procedure Code, of 1898, relevant provision being section 342(A) which is identical to section 315 of the new Code. In … and user of such documents under sections 120B, 420 and/or 409, 411, 467, 468, 477A of Indian Penal Code and sections 13(1)(c) and 13(1)(d) read with section 13(2) of the Prevention of Corruption Act. The accused are

State of Karnataka, by Deputy Superintendent of Police, Indi Sub-divis ...

Court : Karnataka

Subject : Criminal

Acts : Evidence Act, 1872 - Sections 45; Indian Penal Code (IPC), 1860 - Sections 34, 148, 149, 302, 342, 436 and 506; Code of Criminal Procedure (CrPC) , 1973 - Sections 157, 160 to 168, 313, 315 and 428

Reported in : 2006(5)KarLJ85

undue importance. The Apex Court in the case reported in 2004 SCC (Cri.) 851 has observed as thus:Criminal Procedure Code, 1973 - Sections. 157, 160 to 168 - Investigation -- Defective investigation - Effect of - Not fatal … case reported in 2004 SCC (Cri.) 851 has observed as thus:Criminal Procedure Code, 1973 - Sections. 157, 160 to 168 - Investigation -- Defective investigation … case reported in 1968 (Vol. 1) SC 312 that it is only where the accused gives evidence under Section 315 of Cr.PC that his statement can be read as evidence proper. Therefore, the position in law is that

Afzal Pasha Vs. Mohamed Ameerjan

Court : Karnataka

Subject : Miscellaneous

with Section 315 CrPC and proceed with the pending case in accordance with law. Code of Criminal Procedure, 1973 Section 315, Section 482 Negotiable Instruments Act, 1881 Section 138 Affidavit Evidence Trial Court rejected Application filed by Petitioner-Accused under

Mohammed Ajmal Mohammad Amir Kasab Alias Abu Mujahid and Others Vs. St ...

Court : Supreme Court of India

Subject : CriminalConstitution

Acts : Explosive Substance Act, 1908 ; Code of Criminal Procedure(CrPC) 1973 - Section 366, 164(1)(2)(4), 163, 162, 161(2), 304, 315, 226, 229, 313, 39; Unlawful Activities (Prevention) Act, 1967 - Section 16, 15; Explosives Act, 1884 ; Arms Act, 1959.; Indian Evidence Act, 1872 - Section 24, 25, 26, 27, 145, 32(1), 10; Constitution Of India - Article 20(3), 21, 22 (1), 156, 61, 219, 216, 217, 310, 309, 444, 3, 5, 7, 9, 10, 12, 14, 16, 18, 20, 22, 23, 25, 29, 32, 33, 427, 428, 517,; Prevention of Terrorism Act, 2002 - Sections 32, 52; Prevention of Corruption Act, 1947 - Section 5(1) (2),; Indian Penal Code(IPC) - Sections 161, 165, 120-B,109, 179, 121A, 122, 123, 124, 125, 126, 176; Legal Services Authorities Act, 1987 ; (THE) Terrorist and Disruptive Activities (TADA) Act, 43 of 1993 - Section 32,

Reported in : (2012)9SCC1; JT2012(8)SC4; 2012(4)KCCR271(SN); 2012AIRSCW4942; AIR2012SC3565; 2012(7)SCALE553

offence were comprehensively translated into the statutory scheme framed by Parliament; and that the relevant provisions of the Criminal Procedure Code, 1973, and the Indian Evidence Act, 1872, were crafted in such a way as to translate the Constitutional … Section 164 with the examination of the accused as a witness in support of his own case (under Section 315 CrPC), wherein the accused is examined on oath, and pointed out that the voluntary character of the judicial

Ajay Singh Vs. State of Maharashtra

Court : Supreme Court of India

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 302; Code of Criminal Procedure (CrPC) , 1973 - Sections 154, 313 and 315

Reported in : AIR2007SC2188; JT2007(8)SC638; 2007(8)SCALE461; 2007(2)LC0756(SC); 2007AIRSCW3845; (2007)3Crimes1(SC); 2007(1)LawHerald(SC)2046.

Sakkardara. The said report was taken down in the proforma prescribed under Section 154 of the Code of Criminal Procedure, 1973 (in short the 'Code') which is Exb. 19, by P.S.I. Kale (P.W. 11). P.S.I. Kale registered offence … as evidence and be duly considered at the trial. This position remains unaltered even after the insertion of Section 315 in the Code and any statement under Section 313 has to be considered in the same way as … alleged commission of offence punishable under Section 302 of the Indian Penal Code, 1860 (in short the 'IPC'). He was convicted by learned Ist Additional

Rajesh Chari Vs. Zuari Structural Works

Court : Mumbai

Subject : BankingCriminal

Acts : Negotiable Instruments Act, 1881 - Sections 118, 138 and 139; Code of Criminal Procedure (CrPC) , 1973 - Sections 313 and 315

Reported in : 2(2007)BC7

the accused that the accused was entitled to lead defence evidence under Section 315 of the Code of Criminal Procedure, 1973 (Code, for short).10. The records show that the statement of the accused under Section 313 of the … have informed the accused that the accused was entitled to lead defence evidence under Section 315 of the Code of Criminal Procedure, 1973 (Code, for short).10. The records show that the statement of the accused under Section

State of Punjab Vs. Hari Singh and ors.

Court : Supreme Court of India

Subject : NarcoticsCriminal

Acts : Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 15, 35 and 54; Code of Criminal Procedure (CrPC) , 1973 - Sections 205, 205(1), 233(2), 243(1), 247, 540A, 315, 317, 313 and 313(1); Code of Criminal Procedure (CrPC) , 1898 - Sections 342 and 342A; Indian Penal Code (IPC) - Sections 363

Reported in : AIR2009SC1966; JT2009(3)SC607; (2009)4SCC200:2009AIRSCW1596:2009(3)KCCR1733.

of procedure - Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 313 of the Criminal Procedure Code, 1973 - Respondents convicted by Trial Court under section 15 of NDPS Act for possessing 16 bags of … to any of them in their examination under Section 313 of the Code of Criminal Procedure, 1973 (in short, 'the Code'). It was also urged … be duly considered at the trial.24. Parliament, thereafter, introduced Section 342-A in the Old Code (which corresponds to Section 315 of the present Code) by which permission is given to an accused to offer himself to be examined