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Jan 29 2003

Mykala Subbamma Vs. N. Srinivasa Rao and ors.

Court : Andhra Pradesh

Decided on : Jan-29-2003

Subject : Criminal

Acts : Indian Penal Code (IPC) - Sections 302, 304 and 343; Code of Criminal Procedure (CrPC) , 1973 - Sections 41, 42, 60, 129, 151, 154, 154(3), 164, 173(2), 174 and 432; Andhra Pradesh Civil Services (Classification, Conduct & Appeal) Rules, 1991; The Protection of Human Rights Act, 1993; Constitution of India - Articles 5, 7 and 21

Reported in : 2003(2)ALD49; 2003(3)ALT223

Code, 1860, Sections 41, 42, 60, 129, 151, 154, 154 (3), 164, 173 (2), 174 ands 432 of Criminal Procedure Code, 1973, Andhra Pradesh Civil Services (Classification, Conduct and Appeal) Rules, 1991, The Protection of Human Rights Act, 1993 … a criminal case under Section 343 and 302 of the Indian Penal Code (IPC), to investigate the said offence by the Crime Branch, Criminal Investigation … of mandamus directing the second respondent namely, the Superintendent of Police, Mahbubnagar, to register a criminal case under Section 343 and 302 of the Indian Penal Code (IPC), to investigate the said offence by the Crime Branch, Criminal

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Feb 29 1996

Attiq-ur-rehman Vs. Municipal Corporation of Delhi and Another

Court : Supreme Court of India

Decided on : Feb-29-1996

Subject : Criminal

Acts : Delhi Municipal Corporation Act, 1957 - Sections 313, 332, 333, 334, 343, 344, 345, 347, 461, 466, 467, 469, 470 and 471; Code of Criminal Procedure (CrPC) , 1973 - Sections 4, 5, 6, 8, 11, 12, 14 and 16; Indian Penal Code (IPC), 1860

Reported in : AIR1996SC1267; 1996(1)ALD(Cri)831; 1996CriLJ1997; JT1996(2)SC670; 1996(4)KarLJ740; 1996(2)SCALE557; (1996)3SCC37; [1996]3SCR19

to notice some of the relevant provisions of the Act and the Code of Criminal Procedure 1973 (hereinafter Cr. P.C.)9. Section 466(a) of the Act … on him.22. From a plain reading of Section 4 Cr. P.C. (supra) it emerges that the provisions of Criminal Procedure Code are applicable where an offence under the Indian Penal Code or under any other law is being investigated, … Section 313 or Section 332 or Sub-section (1) of Section 333 or Sub-section (1) of Section 334 or Section 343 or Section 344 or Section 345 or Section 347 except on the complaint of or upon information received

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Nov 24 1997

K. Ram Reddy Vs. State of A.P. and anr.

Court : Andhra Pradesh

Decided on : Nov-24-1997

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 162, 164, 173, 190(1), 192, 195, 195(1), 197, 340(1), (2), (3), (4), 341 and 343; Indian Penal Code (IPC), 1860 - Sections 120-B, 148, 193 to 196, 199, 200, 205 to 211, 306, 307, 354, 376, 403, 419, 420, 463, 466, 468, 471 and 475; Code of Criminal Procedure (CrPC) , 1898 - Sections 9, 195(4), 476(1), 476-A, 476-B and 479-A(1); Constitution of India - Article 136; Arms Act, 1959 - Sections 25/(1)

Reported in : 1998(3)ALD305; 1998(1)ALD(Cri)437; 1998(1)ALT(Cri)486

these Criminal Appeals are preferred under sub-section(1) of Section 341 of the Code f Criminal Procedure, 1973 ('the Code' for short) by the accused in … is subordinate. Sub-section (1)(b)(i) of Section 195 of the Code corresponds to sub-section (1)(b) of Section 195 of the Criminal Procedure Code, 1898 (the old Code' for short); sub-section (1)(b)(ii) of Section 195 of the Code corresponds ,to sub-section (1)(c) … of Section 340(1)(b) of the Code, the Magistrate is bound to take cognizance because under sub-section (1) of Section 343 of the Code 'the Magistrate to whom a complaint is made under Section 340(1)(b) or Section 341 shall,

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Jun 16 1999

Vijaykumar S/O Nagnath Suryavanshi Vs. the State of Maharashtra

Court : Mumbai

Decided on : Jun-16-1999

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 193 to 196, 199, 200, 205 to 211 and 228; Code of Criminal Procedure (CrPC) , 1973 - Sections 195, 340, 343, 344 and 482; Constitution of India - Article 227; Essential Commodities Act, 1955 - Sections 3 and 7

Reported in : 2000(5)BomCR495

of notice - Section 193 of Indian Penal Code, 1860, Sections 195, 340, 343, 344 and 482 of Criminal Procedure Code, 1973 and Article 227 of Constitution of India - writ invoking inherent power of Court challenged legality of … taken by the Magistrate and process was issued for an offence punishable under the said section of the Code. After analysing the provisions of section 195(1)(b) of the Cr.P.C. and the status of the Rent Control Officer

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Dec 13 2007

Rugmini Ammal (Dead) by Lrs. Vs. V. Narayana Reddiar and ors.

Court : Supreme Court of India

Decided on : Dec-13-2007

Subject : Civil

Acts : Kerala High Court Act - Sections 5; Code of Criminal Procedure (CrPC) , 1973 - Sections 190, 195, 195(1), 340, 340(1), 340(2), 341 and 343(2); Indian Penal Code (IPC), 1860 - Sections 463, 471, 475 and 476

Reported in : AIR2008SC895; 2008CriLJ1405; 2007(14)SCALE413; 2008AIRSCW288; (2008)3SCC(Cri)309; 2008(1)LH(SC)650

Stand of the appellant before the High Court was that proceedings under Section 340 of the Code of Criminal Procedure, 1973 (in short the 'Cr.P.C.') cannot be initiated because there was no allegation that the fabrication was made … Section 195(1)(c) of the old Code have been omitted in Section 195(1)(b)(ii) CrPC. Why these words were deleted in the corresponding provision of the Code … appeal the superior court may direct withdrawal of the complaint or making of the complaint. Sub-section (2) of Section 343 lays down that when it is brought to the notice of a Magistrate to whom a complaint has

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Mar 03 2009

Syed Askari Hadi Ali Augustine Imam and anr. Vs. State (Delhi Admn.) a ...

Court : Supreme Court of India

Decided on : Mar-03-2009

Subject : Criminal

Acts : Indian Succession Act, 1865 - Sections 63 and 276; Evidence Act, 1872 - Sections 8, 8(1), 40 to 43 and 68; Probate and Administration Act, 1881 - Sections 12 and 59; Succession Act, 1925 - Sections 227 and 273; Indian Penal Code (IPC) - Sections 34, 420, 444, 448 and 468; Code of Criminal Procedure (CrPC) , 1973 - Sections 300, 309, 340(1), 341, 343(2); Constitution of India - Article 136; ; ;

Reported in : 2009AIRSCW3251; AIR2009SC3232; JT2009(4)SC522; 2009(3)SCALE604; (2009)5SCC528; 2009AIRSCW3251; 2009(2)LHSC961; [2009] 3 SCR 1017

on or on the basis thereof, the appellants filed an application under Section 309 of the Code of Criminal Procedure, 1973 before the learned Metropolitan Magistrate seeking stay of proceedings of the criminal case, which has been dismissed … suits between the same parties, principle of res judicata may apply; (3) in a criminal case, Section 300 CrPC makes provision that once a person is convicted or acquitted, he may not be tried again for the … and ultimate decision of the appeal is bound to take time. Section 343(2) confers a discretion upon a court trying the complaint to adjourn the

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Nov 26 1993

Babulal Shivlal Upadhye and anr. Vs. Dr. Yadav Atmaram Joshi and ors.

Court : Mumbai

Decided on : Nov-26-1993

Subject : Civil

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 133(2) and 138; Code of Civil Procedure (CPC) , 1908 - Sections 9; Corporation Act - Sections 343 and 343(1)

Reported in : 1994(2)BomCR583

343 of Corporation Act, Sections 133 and 138 of Criminal Procedure Code, 1973 and Section 9 of Code of Civil Procedure, 1908 - suit for … provisions creating bar have to be strictly construed. 4. Viewed in this light, it seems to me that the Criminal Procedure Code creates no bar against entertaining a suit in which validity of an absolute order passed under section 137, … for declaration that an absolute order passed under section 138, Criminal Procedure Code, ordering demolition of a house property on the ground of it being … ordinarily entertain a suit in connection with the proceedings initiated for demolition, by the Commisioner, in terms of section 343(1) Corporation Act. The Court should direct the persons aggrieved to pursue the remedy before the Appellate Tribunal and

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Jun 26 2000

Shantaram Balya Sankhe and ors. Vs. Kaliram Gajanan Sankhe and ors.

Court : Mumbai

Decided on : Jun-26-2000

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 151, 197 and 482; Indian Penal Code (IPC), 1860 - Sections 21, 34, 427, 447, 452, 504 and 506(2); Bombay Village Panchayats Act, 1958 - Sections 184; Constitution of India - Articles 12, 227 and 254(2); Maharashtra Municipalities Act, 1965 - Sections 343; Bombay District Municipal Act, 1901 - Sections 23(7) and 45; Prevention of Corruption Act, 1947 - Sections 5(1) and 5(2); Maharashtra Co-operative Societies Act, 1960 - Sections 161

Reported in : 2001ALLMR(Cri)640; (2001)1BOMLR640

servants of the category either 'employed' or removable by the State Government as required by section 197 of the Criminal Procedure Code. He submitted that in view of this position, there was no question of sanction before prosecuting them. He … Constitution of India, and Section 482 of the Code of Criminal Procedure, 1973.6. It is the contention of the petitioners that the Lower Court committed … 452, 427, 504, 506(2) read with Section 34 of the Indian Penal Code. This order of issuance of process was passed by the Judicial Magistrate, … Tiwari v. Mahadu Dalpat.. This was a case under the Bombay District Municipal Act. 1901, now repealed vide Section 343 of the Maharashtra Municipalities Act, 1965 (Maharashtra Act No. XL of 1965). In this case, the petitioner/accused-Vishvaniohan Tiwari

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Jan 16 1990

Hardayal Singh Mehta and Another Vs. M.C.D. and Others

Court : Delhi

Decided on : Jan-16-1990

Subject : Property

Acts : Delhi Municipal Corporation Act, 1957 - Sections 3, 12, 44, 54, 151, 169, 247D, 336, 343, 347-C and 457; Constitution of India - Articles 136(1), 226 and 227; Code of Criminal Procedure (CrPC) , 1973; Indian Penal Code (IPC), 1860 - Sections 193, 196 and 228; Delhi Municipal Corporation (Amendment) Act, 1984 - Sections 7; Delhi Municipal Corporation Appellate Tribunal (Procedure) Rules, 1986 - Rules 13, 14 and 17; Punjab Welfare Officers Recruitment and Conditions of Service Rules, 1952 - Rule 6(6); Industrial Disputes Act, 1947 - Sections 15 and 18; Industrial Disputes Amendment Act, 1956 - Sections 18(3) and 19(3)

Reported in : AIR1990Delhi170

to be a Civil Court for the purposes of Section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).' '347-D. Appeal against orders of Appellate Tribunal. (1) An appeal shall lie to the … appeal, respondent No. 4 made an application under Order 1, Rule 10, Code of Civil Procedure, hereinafter referred to as the C.P.C., to be added … has any inherent power to add a party, except the Corporation and its officers, in an appeal under Section 343 of the Act. Secondly, whether the impugned order to add respondent No. 4 as a party to the

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Jul 09 2001

Tridebeswar Das Vs. State of Orissa

Court : Orissa

Decided on : Jul-09-2001

Subject : Criminal

Acts : Arms Act - Sections 27; Constitution of India - Article 22; Indian Penal Code (IPC) - Sections 34, 107, 147, 148, 149, 302, 341, 343, 348, 306 325, 368 and 506; Code of Criminal Procedure (CrPC) , 1973 - Sections 160, 164 and 482; Code of Civil Procedure (CPC) , 1973 - Sections 341 and 343

Reported in : 2001CriLJ4439

of Police, Central Bureau of Investigation, Bhubaneswar, has filed this application under Section 482 of the Code of Criminal Procedure, 1973 (in short 'Cr. P.C.') with a prayer to quash the order dated 28-6-1997 passed by the learned … of Investigation, Bhubaneswar, has filed this application under Section 482 of the Code of Criminal Procedure, 1973 (in short 'Cr. P.C.') with a prayer to … the office of the CBI for more than three days in order to attract the criminal liability of Section 343, IPC.Perusal of the statements of Kalpana Behera, the widow of Gopal Behera and Gopabandhu Pati, the Inspector of

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