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Jul 11 2008

N.G. Sheth Vs. C.B.i. and ors.

Court : Delhi

Decided on : Jul-11-2008

Subject : Criminal

Acts : Official Secrets Act, 1923 - Sections 3, 5, 5(1), 9, 13, 13(1) and 13(2); Uttar Private Private Forest Act, 1948 - Sections 15(2); Union Territories (Separation of Judicial and Executive Functions) Act, 1969; Negotiable Instrument Act, 1881 - Sections 138, 142 and 143; Security and Exchange Board of India Act; Companies Act, 1956 - Sections 647; General Clauses Act, 1897 - Sections 6; Indian Penal Code (IPC) - Sections 120B, 349, 381 and 497; Code of Criminal Procedure (CrPC) , 1973 - Sections 4(2), 5, 6, 8, 17, 26, 26(2), 29(2), 325, 326, 327, 363A, 374(3), 377, 386, 388, 389, 392, 394, 409, 454, 455, 457, 458, 467, 472, 474, 475, 477, 493 and 495; Code of Criminal Procedure (CrPC) , 1898 - Sections 32 and 511; Constitution of India - Articles 21 and 227

Reported in : 151(2008)DLT789

13 of the Official Secrets Act, 1923 (OS Act for short), read in conjunction with sundry sections of the Criminal Procedure Code, 1973 (CrPC hereafter). Vide Gazette Notification dated 6.3.1998 the Central Government, in exercise of powers conferred upon it … 'the Magistrate feels that a heavier punishment should be imposed he can take recourse to the provisions of Section 349 of the Code and make a recommendation to a Magistrate who can impose adequate punishment in the case';

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Apr 22 2002

Mithan Lal Vs. State

Court : Delhi

Decided on : Apr-22-2002

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 345, 346, 349, 351, 397, 161 and 401; Delhi Lands (Restrictions on Transfer) Act, 1972 - Sections 3 and 9; Evidence Act - Sections 65

Reported in : 2002VAD(Delhi)55; 2002CriLJ3422; 97(2002)DLT1004; 2002(63)DRJ529

Any observations made herein shall not affect the merits of the case. Trial court record be sent back. Criminal Procedure Code, 1973 - Sections 397/401 & 349--Revision--Refusal to produce document--Seizure memo, photocopy of the agreement has been collected--No photocopy … merits of the case. Trial court record be sent back. Criminal Procedure Code, 1973 - Sections 397/401 & 349--Revision--Refusal to produce document--Seizure memo, photocopy of … ORDERBy this order, I shall decide as to whether PW Mithanlal is guilty under Section 349 Cr.P.C. or not.The respondent Mithanlal was cited as witness and he was holding the original documents, i.e., Gift

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Jan 22 1996

S. Dashmantha Reddy and ors. Vs. State of Andhra Pradesh Through Publi ...

Court : Andhra Pradesh

Decided on : Jan-22-1996

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 107, 120B, 172, 173, 176, 177, 181, 182, 183, 187, 188, 193, 196, 463, 471, 475 and 476; Code of Criminal Procedure (CrPC) , 1973 - Sections 190(1), 195, 195(1), 197, 344, 345, 349, 350, 352 and 482

Reported in : 1996(2)ALD21; 1996(1)ALD(Cri)484; 1996(1)ALT(Cri)424; 1996(2)APLJ133; 1996CriLJ1804

Code, 1860 and Sections 190 (1), 195, 195 (1), 197, 344, 345, 349, 350, 352 and 482 of Criminal Procedure Code, 1973 - accused under Section 482 filed petition to quash the case taken cognizance of against them by … Judicial Magistrate of First Class, Gazwel, Medak District, have filed these two petitions under section 482 of the Code of Criminal Procedure (for short 'the Code') to quash the case taken cognizance of against them by Sri

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Jul 13 1995

Madan Mohan Raj Vs. State of Orissa

Court : Orissa

Decided on : Jul-13-1995

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 302, 307, 309 and 349; Code of Criminal Procedure (CrPC) , 1973 - Sections 313; Constitution of India - Article 134

Reported in : 1996(1)ALT(Cri)14; 81(1996)CLT314; 1996CriLJ2578

309, I.P.C. The accused pleaded his innocence. In his statement recorded under Section 313 of the Code of Criminal Procedure, 1973 (in short, the 'Code') he admitted to be a close friend of P.W. 9 who happens to … therefore, has to be dealt with under Section 302 of Indian Penal Code, 1860 (in short, 'IPC') and Sections 307 and 309 thereof. Learned 1st … the apex Court in P. Rathinam Nagabhusan Patnaik v Union of India, (1994) 7 OCR 476 (SC) holding Section 349, IPC to be ultra vires, the conviction and consequently the sentence are set aside. To conclude, conviction under

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Jun 19 2009

Shanthiniketan Housing Foundation (A) Registered Partnership Firm) Rep ...

Court : Karnataka

Decided on : Jun-19-2009

Subject : Consumer

Acts : Consumer Protection Act, 1986 - Sections 25, 27, 27A, 27(1), 27(2), 27(3), 29, 37(1), 40 and 40(1); Consumer Protection (Amendment) Act, 2002 - Sections 23; Constitution of India - Articles 20, 20(1) and 21; Contempt of Courts Act; Code of Civil Procedure (CPC) - Sections 51 - Order 21, Rule 37 - Order 39, Rule 2A; Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 4, 6, 173, 200(1), 200(2), 207, 227, 238 to 240, 242, 248, 251 to 258, 260, 262, 262(2), 263, 264, 265, 289, 325, 360 and 494; Code of Criminal Procedure (CrPC) , 1892 - Sections 349 and 562; Code of Criminal Procedure (CrPC) , 1872 - Sections 4; Code of Criminal Procedure (CrPC) , 1898 - Sections 4; Indian Penal Code

Reported in : ILR2009KAR2589; 2009(6)KarLJ205

by me).33. It is to be noticed here that the aforesaid judgment is rendered interpreting the provisions of the Criminal Procedure Code, 1898. However, a larger Bench of the Apex Court in the case of V.C. Shukla v. States Through … opportunity for raising objection/providing replies and the same is in consonance with the provisions of the Civil Procedure Code/Criminal Procedure Code. However, all the technicalities/procedures of CPC or the Cr.PC are not strictly followed as the Consumer … 270(E), dt. 10-3-2003][(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973(2 of 1974), the District Forum or the State Commission or the National … accused unless he decides to proceed under Sections 349 and 562 of the Code of 1892 (which … all these Writ Petitions the petitioners have challenged the constitutional validity of Section 27(2) and (3) of the Consumer Protection Act, 1986 (hereinafter far short

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Nov 16 2007

Association for Protection of Democratic Rights Vs. State of West Beng ...

Court : Kolkata

Decided on : Nov-16-2007

Subject : Constitution

Acts : Delhi Special Police Establishment Act, 1946 - Sections 3, 5, 6; ;Code of Criminal Procedure (CrPC) , 1973 - Sections 129 to 132, 144, 145, 154, 156(3) and 173; ;Arms Act - Sections 25, 27 and 35; ;Police Act, 1861 - Section 12; ;Delhi Police Act, 1946 - Sections 2(3), 5 and 6; ;Indian Penal Code (IPC) - Sections 34, 120B, 141, 147, 148, 149, 186, 302, 307, 320, 321, 332, 333, 341, 349, 353, 482 and 506; ;IE Act - Section 9; ;PDPP Act - Section 3(2); ;Government of India Act, 1943 - Section 204(2); ;Madras Maintenance of Public Order Act, 1949 - Section 9(1A); ;Constitution of India - Articles 13, 13(1), 13(2), 13(3), 14, 16, 19, 19(1), 19(2), 21, 32, 136, 137, 142, 142(1), 162, 226, 227, 300A, 372 and 395; ;Crown Proceedings Act, 1947; ;Law Reform (Contributory Negligence) Act, 1945; ;Mot

Reported in : 2007(4)CHN842

is illegal. It is, however, stated that at stage no orders had been issued under Section 144 of the Criminal Procedure Code Act. The police personnel are stated to have used SLR and AK-47. The CPI(M) cadres who were working … no orders had been issued under Section 144 of the Criminal Procedure Code Act. The police personnel are stated to have used SLR and AK-47. … permissible under the provisions of the Constitution of India, Criminal Procedure Act, 1973; The Police Act, 1861 and the West Bengal Police Rules, 1943. In … the Supreme Court.55. In fact, according to the learned Advocate General that the force has been defined under Section 349 of Indian Penal Code. Such a wide definition according to learned Advocate General would cover gunfire. Learned Advocate

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Sep 14 2000

Nandkishor Rampal Lohiya and ors. Vs. State of Maharashtra

Court : Mumbai

Decided on : Sep-14-2000

Subject : Criminal

Acts : Indian Penal Code (IPC) - Sections 34, 120B, 201, 302, 304B, 322 and 498A; Code of Criminal Procedure (CrPC) , 1898 - Sections 216, 227, 228, 229 to 235, 253, 254 to 258, 349 and 362; Code of Criminal Procedure (CrPC) , 1973

Reported in : 2001CriLJ2742

rival submissions made at the Bar. Chapter XVIII of Criminal Procedure Code, 1973 is in respect of trials before the Court of Sessions. The accused … acquit or convict the accused unless he decides to proceed under Sections 349 and 362 of Criminal Procedure Code, 1898. Under the circumstance. I hold … in respect of trials before the Court of Sessions. The accused can claim discharge under Section 227 of the Criminal Procedure Code when there is no ground to sustain the charge. At the stage of framing charge, meticulous consideration is … Sessions Judge, Ambajogai framed charge against the petitioners under Section 498A and 302, r/w 34 of Indian Penal Code. The accused pleaded not guilty to the charge and claimed to be tried.9. The petitioners, by their application

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Feb 06 1995

Priya Sharan Maharaj Alias Yadavendra Parashar and Others Vs. State of ...

Court : Mumbai

Decided on : Feb-06-1995

Subject : Criminal

Acts : Constitution of India - Article 21; Indian Penal Code (IPC), 1860 - Sections 34, 71, 109, 114, 218, 363, 366, 376, 392, 409, 420 and 477A; Code of Criminal Procedure (CrPC) , 1973 - Sections 157, 161, 173, 211, 212, 216, 217, 218, 219, 220, 221, 222, 223, 226, 227, 228, 229, 230, 231, 232, 233, 234, 234(1), 235, 235(1), 236, 237, 239, 253, 253(1), 254, 255, 256, 257, 258, 277, 325, 349, 360, 397, 397(1), (2) and (3), 464 and 482

Reported in : 1995CriLJ3683

acquittal, discharge or conviction. So far as the Code of Criminal Procedure, 1973 is concerned, it has got a wide and diverse area of jurisdiction … order, the present revision is not tenable as it is barred under the provision of section 397(2) of the Criminal Procedure Code. A reliance has been placed on the case of V. C. Shukla v. State through C.B.I. : 1980CriLJ690 … acquit or convict the accused unless he decides to proceed under Sections 349 and 562 of the Code of 1892 (which correspond to Sections 325 … Maharaj alias Shri Ramkripaluji Tripathi was charged for the offence punishable under S. 376 of the Indian Penal Code (on five occasions) and other applicants were charged for the offences punishable under Ss. 109 and 114 read

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Mar 12 2003

Shri Vasant Waman Pradhan Vs. Shri Dattatraya Vithal Salvi and the Sta ...

Court : Mumbai

Decided on : Mar-12-2003

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 27, 28, 200, 227, 239, 245, 245(2) and 482; Indian Penal Code (IPC) - Sections 339, 349, 425, 427, 441, 442, 445, 451, 452, 453, 503, 504 and 506; Constitution of India - Articles 226 and 227

Reported in : 2004(1)MhLj487

bond, if any, furnished by the petitioner, stand cancelled. No order was to costs. Rule stands made absolute. Criminal Procedure Code, 1973 - Sections 245, 482 - Constitution of India, 1950 - Articles 226-227 - Discharge of accused - … the application moved by the petitioner for discharging him in view of provisions of Section 245(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code' for convenience).2. Few facts need to be stated … petitioner in context with the offences punishable under provisions of Section 339, 349, 427, 441, 442, 451, 452, 445, 504, 506 of IPC as they

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Jul 03 2007

Kapal Mehra Vs. Indusind Enterprises and Finance Ltd. and anr.

Court : Mumbai

Decided on : Jul-03-2007

Subject : BankingCriminal

Acts : Negotiable Instruments Act, 1881 - Sections 138, 141, 141(1) and 141(2); Companies Act, 1956; Code of Criminal Procedure (CrPC) , 1973 - Sections 202, 319, 319(1), 397 and 482; Negotiable Instruments (Amendment) Act; Code of Criminal Procedure (CrPC) - Sections 351

Reported in : 2008(1)ALLMR116; III(2008)BC538; 2008(2)BomCR359; 2008CriLJ1134; 2007(6)MhLj58

The applicants in all these three revision applications preferred under Sections 397 read with Section 482 of the Code of Criminal Procedure, 1973 ('the Code' for short) are the original accused No. 3 in Cr. Case Nos. … learned Counsel, it is open for the learned Magistrate issuing process to use provision of section 202 of the Criminal Procedure Code to enquire into the matter as to the nature of the offence concerned, to avoid the prosecution against … Tulzapurkar, J. speaking for the Court observed thus: (SCC para 6, p. 349 : SCC (Cri) 2991).A plain reading of Section 319(1), which occurs in

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