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Ananda Shetty and anr. Vs. Aithu Poojary and ors.
Karnataka
Aug-24-1998
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 323
1999CriLJ177; ILR1998KAR3829
this argument, the learned Counsel for respondents 1 & 2 has drawn my attention to the commentary of Criminal Procedure Code, 1973, of Section 323 by D.D. Basu at pages 804 and 805 II Edition which deals with Section … the learned Counsel for respondents 1 & 2 has drawn my attention to the commentary of Criminal Procedure Code, 1973, of Section 323 by D.D. Basu at pages 804 and 805 II Edition which deals with Section
Tag this Judgment! AI Brief & AskDaljit Singh and ors. Vs. State of Punjab Through Secretary Home Affai ...
Supreme Court of India
Jul-27-2006
Criminal
Probation of Offenders Act, 1958 - Sections 3, 4 and 12; General Clauses Act - Sections 8(1); Indian Penal Code (IPC), 1860 - Sections 34, 307, 323 and 324; Code of Criminal Procedure (CrPC) , 1973 - Sections 360, 360(10) and 361
JT2006(7)SC98; 2006(7)SCALE421; (2006)6SCC159
the Probation of Offenders Act, 1958 (in short the 'Probation Act') and Section 360 of the Code of Criminal Procedure Code, 1973 (in short the 'Code').Per contra learned Counsel for the respondent-State submitted that looking at the gravity of … punishable under Section 307 read with Section 34 of the Indian Penal Code, 1860 (in short the 'IPC'). They were also convicted in terms of … and sentenced to undergo rigorous imprisonment for one year each. Further each was convicted for offence punishable under Section 323 read with Section 34 IPC. The accusation which led to the trial of the accused person was that
Tag this Judgment! AI Brief & AskBal Kishan S/O Sh. Harbans Lal, New Delhi Vs. Local Health Authority, ...
Delhi
Jul-17-2002
CriminalFood Adulteration
Prevention of Food Adulteration Act - Sections 7, 14A, 15, 16, 16(1)(A), 20, 20(2) and 21; Code of Criminal Procedure (CrPC) , 1973 - Sections 29 and 323; Code of Criminal Procedure (CrPC) , 1898 - Sections 347; Indian Penal Code (IPC) - Sections 320
99(2002)DLT339; 2002(64)DRJ445
penalties - Notwithstanding anything contained insection 29 ofthe Code of Criminal Procedure, 1973 (2 of 1974), it shall be lawful for any Metropolitan Magistrate or … try such cases of offences unless the same is committed to it by the court of Sessions. However, Section 323 of the Code of Criminal Procedure permits a Magistrate to commit the case to a court of Sessions … provision for punishment to be awarded by a Magistrate irrespective of the limitations placed upon his powers under the Criminal Procedure Code it amounts to an abrogation of the general law and the provisions of section 347 of the Criminal … the case to a Court of Sessions as required under Section 209, CrPC. It is only a case which appears to the Magistrate to be
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Manjappa Vs. State of Karnataka
Supreme Court of India
May-18-2007
Criminal
Probation of Offenders Act, 1958 - Sections 360; Children Act, 1960; Indian Penal Code (IPC) - Sections 323, 325 and 504; Code of Criminal Procedure (CrPC) , 1973 - Sections 357(1), 360 and 361; Constitution of India - Article 136
2007CriLJ3220; JT2007(7)SC226; 2007(II)OLR(SC)402; 2007(7)SCALE513; (2007)6SCC231
Benefit of probation-Entitlement - Sections 323, 325 and 504 of Indian Penal Code, 1860 and Section 360 of Criminal Procedure Code, 1973 - Appellant intentionally insulted complainant by abusing him in filthy language and intentionally voluntarily caused simple hurt … by the Judicial Magistrate, First Class, Bhatkal for offences punishable under Sections 323, 325 and 504, Indian Penal Code (IPC) in Criminal Case No. 2488 of 1997. The accused pleaded 'not guilty' to the charge. 4. The
Tag this Judgment! AI Brief & AskDilbag Singh Vs. State of Punjab
Supreme Court of India
Jan-25-1979
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 235(2), 248(2) and 360; Indian Penal Code (IPC) - Sections 34, 302, 304, 323 and 324
AIR1979SC680; 1979CriLJ636; (1979)2SCC103; [1979]2SCR1134
re-socializing the criminal. The sentence hearing for which the Criminal Procedure Code, 1973 provides in Section 248(2) and Section 235(2) has hardly received the serious … experience, from police arrest to prison trauma. The focus in this case is on the sentencing alternatives in the Criminal Procedure Code; and the grievance pressed by counsel, when traditional grounds on the merits failed, was that the compassion of … in this case is on the sentencing alternatives in the Criminal Procedure Code; and the grievance pressed by counsel, when traditional grounds on the merits … and awarded two years' rigorous imprisonment and a fine of Rs. 1000/-. In addition he was convicted under Section 323 I.P.C. for causing hurt to the daughter of the deceased and on this count punished with R.I. for
Tag this Judgment! AI Brief & AskRekha Patel Vs. Pankaj Verma and ors.
Supreme Court of India
Mar-03-2008
Criminal
Dowry Prohibition Act, 1961 - Sections 3 and 4; Indian Penal Code (IPC), 1860 - Sections 323, 498A, 504 and 506; Code of Criminal Procedure (CrPC) , 1973 - Sections 46(1), 437(3), 438 and 439; Constitution of India - Article 226
I(2008)DMC607; JT2008(3)SC471; 2008(I)OLR(SC)757; 2008(3)SCALE497; (2008)4SCC17; 2008(2)AICLR462; 2008(2)Supreme293; 2008(3)LH(SC)1813
Learned Counsel for the appellant submitted that virtually there has been exercise of power under Section 438 of the Criminal Procedure Code, 1973 (in short 'The Cr.P.C.'). It is pointed out that in the State of U.P., Section 438 Cr.P.C. … registered for alleged commission of offences punishable under Sections 498A, 323, 504 and 506 of the Indian penal Code, 1860 (for short 'The IPC') and Sections 3/4 of the Dowry Prohibition Act, 1961 (for short 'The Dowry
Tag this Judgment! AI Brief & AskSubhojit Datta Vs. State of Bihar
Patna
May-09-2007
Criminal
Indian Penal Code (IPC) - Sections 406, 409 and 467; Code of Criminal Procedure (CrPC) , 1973 - Sections 29, 30, 32, 34, 106, 323, 325, 325(1), 325(3), 347(1), 357, 386, 389, 390, 391, 392, 397, 401, 401(1), 401(4), 421 and 431
case, by exercising suo motu power of revision is still extant under Section 397 read with Section 401 Criminal Procedure Code, 1973, inasmuch as the High Court can 'by itself' call for the record of proceedings of any inferior … than the maximum sentence he or the Chief Judicial Magistrate could inflict.9. I am of the opinion that Section 323 of the Code of Criminal Procedure, hereinafter referred to as the 'Code' takes care of this contingency, same … holding him guilty of offence under Section 409 of the Indian Penal Code and inflicting the sentence of rigorous imprisonment for seven years and fine
Tag this Judgment! AI Brief & AskJohar and ors. Vs. Mangal Prasad and anr.
Supreme Court of India
Jan-30-2008
Criminal
Indian Penal Code (IPC) - Sections 34, 120B, 148, 149, 193, 196, 302 and 323; Code of Criminal Procedure (CrPC) , 1973 - Sections 378, 378(4), 397, 401, 401(3), 417, 421, 421(3), 423, 423(4), 439, 439(1) and 439(4); Constitution of India - Article 142
AIR2008SC1165; 2008(2)ALD(Cri)105; 2008CriLJ1627; JT2008(2)SC112; 2008(2)SCALE122; (2008)3SCC423; 2008AIRSCW1106; 2008(1)Crimes375; (2008)2SCC(Cri)89; 2008(2)LH(SC)806
Acquittal - High Court - Revisional jurisdiction - Sections 397, 401 of the Code of Criminal Procedure, 1973 (CrPC, 1973) - Sections 34, 323 of the Indian Penal Code, 1860 (IPC, 1860) - Appellants were convicted for commission … the impugned judgment which is in the teeth of Sub-section (3) of Section 401 of the Code of Criminal Procedure, 1973. 6. Ms Vibha Datta Makhija, the learned Counsel appearing on behalf of the respondent-State, on the other
Tag this Judgment! AI Brief & AskSmt. Jancy Nelson D'soza, Vs. Mr. Nelson D'Souza and
Mumbai
May-02-2003
Criminal
Indian Penal Code (IPC) - Sections 141, 146, 147, 148, 149, 319, 323, 334, 498A, 504 and 506; Code of Criminal Procedure (CrPC) , 1973 - Sections 205
2004CriLJ1690
case and he is at liberty to pray for exemption as indicated by provisions of Section 205 of Criminal Procedure Code, 1973, keeping in view the old age of applicant No. 2. The observations made by this Court against … punishable under provisions of Sections 147, 148, 149, 323 of Indian Penal Code. A complaint was presented in the said Court against the present applicants … It defines that whoever causes bodily pain, disease or infirmity to any person is said to cause hurt. Section 323 of I.P.C. provides that whoever except in the case provided for by Section 334, of I.P.C. voluntarily causes
Tag this Judgment! AI Brief & AskKommineni Sanjeeva Rao Vs. S.i. of Police and ors.
Andhra Pradesh
Feb-18-1997
Criminal
Constitution of India - Articles 21, 51A and 226; Indian Penal Code (IPC), 1860 - Sections 34, 192, 304, 323, 324, 342 and 448; Code of Criminal Procedure (CrPC) , 1973 - Sections 173(2)
1997(1)ALD(Cri)852; 1997CriLJ3109
to Shri P. J. S. Purushotham, Zonal Inspector, C.I.D., Vijayawada and to submit report under Section 173 of Criminal Procedure Code, 1973 before the proper Court for the alleged offences against the persons, who according to the investigation, are … P. J. S. Purushotham, Zonal Inspector, C.I.D., Vijayawada and to submit report under Section 173 of Criminal Procedure Code, 1973 before the proper Court for the alleged offences against the persons, who according to the investigation, are … Excise staff noted above are liable to be punished under Sections 448, 323, 324, 342, 192, 304 Part-I and 34 IPC r/w 3(VIII) of the
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