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Karpoori Thakur Vs. Baikunth Nath Dey and anr.
Supreme Court of India
Jan-12-1988
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 320 and 482; Indian Penal Code (IPC), 1860 - Sections 467, 468 and 471
1988(36)BLJR368; JT1988(1)SC112; 1990Supp(1)SCC136
whoever it is.5. The appeal is disposed of accordingly. Criminal - prosecution - Sections 320 and 482 of Criminal Procedure Code, 1973 and Sections 467, 468 and 471 of Indian Penal Code, 1860 - Court quashed prosecution against respondent … of the case, we have considerable doubt whether the High Court could have under Section 482 of the CrPC, 1973 adverted to paragraph 63 of the Case Diary or relied upon the letter addressed by the parties to
Tag this Judgment! AI Brief & AskGhousia Sultana Alias Ghousia Begum and Etc. Etc. Vs. Mohd. Ghouse Bai ...
Andhra Pradesh
Feb-12-1996
Criminal
Constitution of India - Articles 32, 136 and 142; Indian Penal Code (IPC), 1860 - Sections 307, 325, 409, 452 and 498A; Code of Criminal Procedure (CrPC) , 1973 - Sections 320, 320(1), 320(2), 320(9), 321, 397(2) and 482
1996(1)ALD(Cri)534; 1996(1)ALT940; 1996(1)ALT(Cri)608; 1996CriLJ2973; II(1996)DMC115
Penal Code, 1860 and Sections 320, 320 (1), 320 (2), 320 (9), 321, 397 (2) and 482 of Criminal Procedure Code, 1973 - whether High Court in its inherent power under Section 482 can grant permission to parties to … other offences punishable under the provisions of the Negotiable Instruments Act, 1881 and not under the Indian Penal Code. Be that as it may. The nature of offence does not appear to be of any significance for
Tag this Judgment! AI Brief & AskGurcharan Singh Bhawnani Vs. State and anr.
Delhi
Oct-12-2001
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 320, 320(9), 321, 357 and 482; Indian Electricity Act, 1910 - Sections 39 and 44; Indian Penal Code (IPC), 1860 - Sections 379; Constitution of India - Articles 142 and 226; Code of Criminal Procedure (CrPC) , 1898 - Sections 561A
2002CriLJ744; 94(2001)DLT813; 2003(67)DRJ191
offences which are non-compoundable by exercising power under Section 482 of the Code of Criminal Procedure, 1973 (in short, the Code,) reference has been made … Code under which the heirs of the deceased filed the application for compensation corresponds to Section 561A of the Criminal Procedure Code, 1898. It saves the inherent powers of the High Court to make such orders as may be necessary … submitted that even though there may be bar for compounding of offences in terms of Sub-section (9) of Section 320 of the Code, yet there is no bar for exercise of power under Section 482 of the Code
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Bankat and anr. Vs. State of Maharashtra
Supreme Court of India
Nov-25-2004
Criminal
Indian Penal Code (IPC), 1860 - Sections 34, 325 and 326; Bombay Probation of Offenders Act; Code of Criminal Procedure (CrPC) , 1973 - Sections 320, 320(1), 320(2) and 320(9); Constitution of India - Article 142
AIR2005SC368; 2005(1)ALD(Cri)800; 2005CriLJ646; JT2004(10)SC471; 2005(2)MhLj707; 2004(9)SCALE679; (2005)1SCC343
Criminal - Indian Penal Code, 1860 - Sections 34, 325, 326 - Bombay Probation of Offenders Act - Criminal Procedure Code (Cr.PC), 1973 - Sections 320, 320(1), 320(2), 320(9) - Constitution of India - Article 142 - Conviction of … order.9. It was further submitted that though the offence under Section 326 is not compoundable in terms of Section 320(9) of the Code of Criminal Procedure, 1973 (in short the 'Code') this Court can exercise jurisdiction under Article … Sections 325 and 326 read with Section 34 of the Indian Penal Code, 1860 (in short the 'IPC').3. For offence relatable to Section 326 read
Tag this Judgment! AI Brief & AskVicky Malhotra and ors. Vs. State and anr.
Delhi
Nov-09-2006
Criminal
Dowry Prohibition Act - Sections 3 and 4; Indian Penal Code (IPC) - Sections 307; Arms Act - Sections 25 and 27; Code of Criminal Procedure (CrPC) , 1973 - Sections 320 and 482; Constitution of India - Article 226
II(2007)DMC830; 2009(93)DRJ22
to quash the FIR is not limited by Section 320 of the Code of Criminal Procedure, 1973. In Daulat Zia's case (Supra) a Division Bench … judgments, he has contended that the power of this Court to quash the FIR is not limited by Section 320 of the Code of Criminal Procedure, 1973. In Daulat Zia's case (Supra) a Division Bench of this Court … and all consequent proceedings pursuant thereto are also ordered to be dropped. Indian Penal Code, 1860Section 307 - Criminal Procedure Code, 1973--Sections 320 and 482--Dowry Prohibition Act--Sections 3 and 4--Arms Act--Sections 25 and 27--Quashing of complaint, Dispute between husband
Tag this Judgment! AI Brief & AskMathai Vs. State of Kerala
Supreme Court of India
Jan-12-2005
Criminal
Indian Penal Code (IPC) - Sections 320, 324, 325, 326 and 335; Code of Criminal Procedure (CrPC) , 1973 - Sections 397 and 401
AIR2005SC710; 2005(1)ALD(Cri)610; 2005CriLJ898; [2005(1)JCR213(SC)]; JT2005(2)SC365; 2005(1)KLT19(SC); (2005)3SCC260
appeal is accordingly disposed of. Criminal - Indian Penal Code - Sections 320, 324, 325, 326, 335 - Criminal Procedure Code (CrPC), 1973 - Sections 397, 401 - Grievous hurt - Conviction under - Validity - Prosecution of appellant for causing … and the immediately preceding two Sections to the case of 'hurt'. 14. 'Grievous hurt' has been defined in Section 320 IPC, which read as follows:'320 Grievous Hurt - The following kinds of hurt only are designated as 'grievous'-First
Tag this Judgment! AI Brief & AskNarender Kumar and Another Vs. State (N.C.T.) of Delhi
Delhi
Aug-16-2001
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 320, 320(9) and 482; Indian Penal Code (IPC), 1860 - Sections 34, 147, 148, 149, 323, 325, 326, 408 and 452
94(2001)DLT534; 2001(60)DRJ286
in the said two tables can be compounded and non else, sub-section (9) of section 320 of the code of Criminal procedure, 1973 imposes a legislative ban in the following terms:- '(9) No offence shall be compounded … 408 IPC which is compoundable. Petition thus deserves to be dismissed being without merit.6. Petition is, thereforee, dismissed. Criminal Procedure Code, 1973 - Section 320--Compounding of offences--Charge sheet filed for some of the offences are non-compoundable--Quashment of FIR thereof
Tag this Judgment! AI Brief & AskRaja Ram Kashyap and ors. Vs. State of U.P. and anr.
Supreme Court of India
Apr-24-2009
Criminal
Indian Penal Code (IPC), 1860 - Sections 406 and 420; Code of Criminal Procedure (CrPC) , 1973 - Sections 320 and 320(2)
JT2009(8)SC119; 2009(6)SCALE412
can be taken.5. The appeal is disposed of accordingly. Criminal - Compounding of offence - Section 320 of Criminal Procedure Code, 1973(Cr.P.C.) - Sections 406 and 420 of Indian Penal Code, 1860(IPC) - Appeal filed with prayer that parties … settled their dispute and want to compound the offence i.e., Sections 406 and 420 of the Indian Penal Code, 1860 (in short the 'Act'), the court should have permit it to be in terms of Sub-section (2)
Tag this Judgment! AI Brief & AskRajeshwar Nath Bhargava and Others Vs. State and Others
Delhi
Aug-31-2001
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 320, 320(9) and 482; Indian Penal Code (IPC), 1860 - Sections 120-B, 326, 419, 420 and 468
94(2001)DLT82
be compounded and none else. Sub-section (9) of Section 320 of the Code of Criminal Procedure, 1973 imposes a legislative ban in the following terms:- … is dismissed. The case debated on impermissibility in compound ability of non compoundable offences under Sections 320&482 of the Criminal Procedure Code, 1973, in relevance to quashing of the first information report - The compromise was reached among respondent No. … with section 120-B IPC on 30 the January 1997 and some of these offences are not compoundable under section 320 Cr.P.C. and are serious in nature. The question of compound ability of non-compoundable offences came to be considered
Tag this Judgment! AI Brief & AskGian Singh Vs. State of Punjab and anr
Supreme Court of India
Sep-24-2012
Criminal
Indian Penal Code (IPC), (IPC) 1860 - Sections 420, 120-B, 34, 149, 498-A, 406, 471; Code Of Criminal Procedure (CrPC), 1973 - Sections 482, 320
(2012)10SCC303; [2012] 8 SCR 753
Indian Penal Code, (IPC) 1860 - Sections 420, 120-B, 34, 149, 498-A, 406, 471; Code Of Criminal Procedure (CrPC), 1973 - Sections 482, 320 -- The High Court must exercise the inherent power very sparingly. The High Court … think, it should be considered that the only powers possessed by the court are those expressly conferred by the Criminal Procedure Code and that no inherent power had survived the passing of the Code.19. In Khushi Ram v. Hashim and … of non-compoundable offences. One of us, Honble Mr. Justice Markandey Katju, was a member to the last two decisions.Section 320, Cr.P.C. mentions certain offences as compoundable, certain other offences as compoundable with the permission of the Court, and
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