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Ansar Ahmad Through Zaki Ahmad Vs. State

Court : Delhi

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 329; Indian Penal Code (IPC), 1860 - Sections 506

Reported in : 1988(2)Crimes460; 34(1988)DLT223

Cr. P.C. The petition is disposed of accordingly. The case dealt with an application under Section 329 of the Criminal Procedure Code, 1973, for claim of unsound mind - The magistrate had issued arrest warrant against the claimant - The … (2) It appears that the accused is being prosecuted for offences under sections 506/323, of the Indian Penal Code. The accused who is the son of 22 the petitioner at the relevant time, it seems, was undergoing

Vishwanatha and anr. Vs. State of Karnataka and anr.

Court : Karnataka

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 318, 329, 330 and 331; India Penal Code (IPC), 1860 - Sections 84

Reported in : ILR2004KAR2828

as well as the concerned officer of the 'Social Service Complex', Hosur road, Bangalore for its -implementation. (A) CRIMINAL PROCEDURE CODE, 1973 (CENTRAL ACT NO. 2 OF 1974) - SECTION 318 - REFERENCE TO THE HIGH COURT - CIRCUMSTANCES … the proceedings being forwarded to the High Court under Section-341 of the Code of Criminal Procedure it was held, that the law does not contemplate … Cr.P. C. and on being prima facie satisfied that the accused is of un-sound mind passed order under Section 329 of Cr. P.C. Accordingly, the learned Sessions Judge stayed the trial for the initial period of two months

Abdullah Jhat and anr. Vs. State of Jammu and Kashmir and anr.

Court : Jammu and Kashmir

Subject : Criminal

Acts : Jammu and Kashmir Code of Criminal Procedure (CrPC) , 1989, Smvt. - Sections 269(2), 270, 374 and 465; ;Ranbir Penal Code (IPC) - Sections 302 and 376; ;Indian Penal Code (IPC) - Sections 300, 302 and 304; ;Code of Criminal Procedure (CrPC) , 1973 - Sections 161, 164, 173, 229, 271, 271(2), 329, 340A and 464

Reported in : 1999CriLJ3034

finding to that effect and shall postpone further proceedings in the case. This Section is pari materia with Section 329 of the Code of Criminal Procedure, 1973. This section relates to unsoundness of mind at the time of … Procedure, 1989 (J&K;) deals with lunatics with corresponding provision in Chapter XXV of the Code of Criminal Procedure, 1973. Section 464 provides for procedure in case of person committed before Court of Session or High Court being lunatic. … undoubtedly has resulted in miscarriage of justice and in the conviction of the appellant.5. Under Section 271(2) of the Criminal Procedure Code an accused person may be convicted on his plea of guilty. It is, however, a settled practice not … by Sessions Judge, Pulwama in terms of Section 374 of Criminal Procedure Code, 1989 (J . and K.) convicting the accused under Sections 302/376 Ranbir

Balu Ganpat Koshire Vs. State of Maharashtra

Court : Mumbai

Subject : Company

Acts : Indian Penal Code (IPC), 1860 - Sections 84 and 302; Code of Criminal Procedure (CrPC) , 1973 - Sections 313, 325, 329, 334, 335 and 335(1)

Reported in : 1983CriLJ1769

84 and 302 of Indian Penal Code and Sections 313, 325, 329, 334, 335 and 335 (12) of Criminal Procedure Code, 1973 - accused allegedly committed murder and pleaded insanity - accused undergoing mental treatment after incident - prosecution … of unsound mind. On receipt of this certificate, the trial Court straightway resumed and concluded the trial.7. Under Section 329, Cr.P.C., if at the trial of any person, it appears to the Court that such person is of … conviction being for an offence of murder punishable under S. 302. Penal Code, with a sentence of imprisonment for life imposed in that behalf.2. The

Sannatamma Vs. State of Karnataka

Court : Karnataka

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 84; Code of Criminal Procedure (CrPC) , 1973 - Sections 302, 313, 329 and 335

Reported in : 2004CriLJ2257; ILR2004KAR2286; 2004(5)KarLJ496

to pay an honorarium of Rs. 3,000/-to him. INDIAN PENAL CODE, 1860 - CHAPTER IV -- SECTION 84, CRIMINAL PROCEDURE CODE, 1973 (2/1974) -- SECTIONS 302, 335 -- Plea of insanity of mind of an accused -- Benefit of … the entire record, we see that the Trial Judge has also failed to take steps in pursuance of Section 329 Cr.P.C. and has proceeded to reject the plea of the accused of insanity and finding him guilty of … death with the requisite intention described in Section 299 of the Penal Code. This general burden never shifts and it always rests on the prosecution.

M. Jahir Hussain Vs. State rep.by The Inspector of Police

Court : Chennai Madurai

Subject : Criminal

made to prove the same before the trial Court, but the trial Court without invoking mandatory provision of section 329 of the Code of Criminal Procedure, 1973, has erroneously proceeded trial against the first accused and since even … M.O.1 have been marked. 8. When the accused have been questioned under Section 313 of the Code of Criminal Procedure, 1973 as respects the incriminating materials available in evidence against them, they denied their complicity in the crime. … 506(i); third charge against him under Section 302 of the Indian Penal Code and fourth charge against the accused 2 and 3 under Section 3(1)

Jamal UddIn Ahmad Vs. Abu Saleh NajmuddIn and anr.

Court : Supreme Court of India

Subject : Election

Acts : Representative of the People Act, 1951 - Sections 80, 80A, 80A(2), 81, 82, 83, 86, 98, 100(1), 101, 117 and 169; Constitution of India - Articles 214, 216, 235 and 329; Code of Criminal Procedure (CrPC) , 1973 - Sections 125 and 235

Reported in : AIR2003SC1917; 2003(3)AWC1744(SC); JT2003(2)SC320; 2003(2)KLT638(SC); 2003(2)SCALE518; (2003)4SCC257; [2003]2SCR473

charged with the offence; power conferred on Magistrate to grant maintenance under Section 125 of the Code of Criminal Procedure 1973 to prevent vagrancy implies a power to allow interim maintenance; power conferred on a local authority to … the person charged with the offence; power conferred on Magistrate to grant maintenance under Section 125 of the Code of Criminal Procedure 1973 to prevent vagrancy implies a power to allow interim maintenance; power conferred on a … Senior Advocate, may briefly be noticed. It was submitted that under Article 329 of the Constitution no election to either House of Parliament or to

Niman Sha Vs. State of M.P.

Court : Madhya Pradesh

Subject : Criminal

Acts : Indian Penal Code (IPC) - Sections 84 and 302; Code of Criminal Procedure (CrPC) , 1974 - Sections 328, 329, 330, 334, 335, 335(1) and 366

Reported in : 1997(1)MPLJ536

of 1898, corresponds to section 335, of the Criminal Procedure Code of 1973. Thus the accused comes within the definition of a 'criminal lunatic'. Section … defence. In the above mentioned authority, it has been observed in para No. 7, as below :-'7. Under section 329, Criminal Procedure Code, if at the trial of any person it appears to the Court that such person … held guilty for committing the said offences and the present references have been made under section 366, of the Criminal Procedure Code, for confirming the death sentence recommended to be awarded to the accused appellant. The accused has also filed … committing offences punishable under sections 302 and 302, of the Indian Penal Code. In both of the said Sessions Trials the accused has been held

In Re: Boura @ Drigpal

Court : Madhya Pradesh

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 313, 318, 329 and 341; Indian Penal Code (IPC) - Sections 376, 376(1) and 376(2)

Reported in : 2006(4)MPLJ72

Sessions Judge, Chhatarpur in S.T. No. 49/04 under Section 318 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') wherein by … made to understand the proceedings of the trial, the learned Judge rightly invoked the provision of Section 341, Criminal Procedure Code to make the reference after finding him guilty and convicting him of murder, without at the same time … were recorded. From the order-sheet, it appears that on 25-11-1994, Counsel for the accused filed an application under Section 329 of the Code contending that the accused was deaf and dumb and was incapable to defend himself at

Amrendra Singh Son of Late Tara Chandra Singh Vs. State of U.P. Throug ...

Court : Allahabad

Subject : ConstitutionService

Acts : Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 20; Uttar Pradesh Pranchayat Raj Act, 1947 - Sections 5A, 5A, 5A(K), 6(1), 6A and 12C; Representation of the People Act, 1951 - Sections 8(3); Constitution of India - Articles 243, 243O, 226 and 329; Uttar Pradesh Panchayat Raj (Computation of Period of Five Years for Removal of Disqualification, Fixation of Period of Dues etc. and Settlement of Disputes of Disqualification) Rules, 1994 - Rule 3, 5A; Code of Criminal Procedure (CrPC) , 1973

Reported in : 2006(1)AWC917

of the People Act, 1951 have to be construed in harmony with the provisions of the Code of Criminal procedure, 1973 and in such manner as to give effect to the provisions contained in both the legislations.'11. Thus … the Representation of the People Act, 1951 have to be construed in harmony with the provisions of the Code of Criminal procedure, 1973 and in such manner as to give effect to the provisions contained in both … conviction dated 13.6.1997 passed in Session Trial No. 43 of 1993 under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and was … v. Chief Election Commissioner (supra ), wherein the bar created by Article 329(b) of the Constitution was confined to 'litigative challenges of electoral steps taken