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Directorate of Enforcement Vs. Deepak Mahajan and Another
Supreme Court of India
Jan-31-1994
Criminal
Foreign Exchange Regulation Act, 1973 - Sections 35; Constitution of India - Articles 20(3) and 22; General Clauses Act, 1897 - Sections 3(42) and 273; Indian Penal Code (IPC), 1860 - Sections 26, 29, 50, 61, 190(1), 192 and 202(1); Code of Criminal Procedure (CrPC) , 1974 - Sections 2(4), 4(2), 41, 42, 43, 44, 106, 113, 117, 156, 167, 173, 176, 398, 436, 437, 438 and 439;Customs Act - Sections 2, 45, 46, 62, 104 and 151; Evidence Act - Sections 24, 25 and 27; Code of Criminal Procedure (CrPC) , 1898 - Sections 45, 46, 56, 58 and 135; Code of Criminal Procedure (CrPC) (Amendment) Act (Crpc), 1978 - Sections 309 and 344; Sea Customs Act, 1878 - Sections 171A and 154; Police Act, 1961
AIR1994SC1775; 1994(2)ALT(Cri)173; 1994(2)BLJR912; [1995]82CompCas103(SC); 1994CriLJ2269; 1994(1)Crimes892(SC); 1994(46)ECC255; 1994(70)ELT12(SC); JT1994(1)SC290; 1994(3)SCC440; [1994] 1 SCR 445
taken to a Magistrate.The Committee feel that Sub-Clause (3) being merely a repetition of the provisions of the Criminal Procedure Code, 1898 should be omitted.135. The view of the Committee expressed above can be taken as a guide in … appeal may be formulated as follows :Whether a Magistrate before whom a person arrested under Sub-section (1) of Section 35 of the Foreign Exchange Regulation Act of 1973 which is in pari materia with Sub-section (1) of Section … jurisdiction to authorise detention of that person Under Section 167(2) of the CrPC ?2. As a preclude to the judgment, we would like to state
Tag this Judgment! AI Brief & AskDeepak Mahajan Vs. the Director of Enforcement and anr.
Delhi
Apr-06-1990
FERACriminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 167(2); Customs Act, 1962 - Sections 104(2); Foreign Exchange Regulation Act, 1973 - Sections 35(2); Constitution of India - Article 21
1991CriLJ1124
accused of an offence under Section 135. Criminal - bail - Section 167 (2) of Criminal Procedure Code, 1973, Section 104 (2) of Customs Act, 1962, Section 35 (2) of Foreign Exchange Regulation Act, 1973 and Article 21 … reason of Section 25 of the Evidence Act. It consequently follows that they are not hit Section 162 Criminal Procedure Code .(46) This decision has been approved by the Supreme Court in Ramesh Chandra Mehta v. The State of … New Delhi, the next day. An application under Section 167(2) of the Code of Criminal Procedure (for short the Code) was moved by the Enforcement
Tag this Judgment! AI Brief & AskBalchand JaIn Vs. State of Madhya Pradesh
Supreme Court of India
Nov-05-1976
Criminal
Defence and Internal Security of India Act, 1971 - Sections 38; Code of Criminal Procedure (CrPC) 1973 - Sections 2, 13-A, 34, 35, 36, 37, 38, 436, 437, 437(1) and 438; Defence and Internal Security of India Rules, 1971 - Rule 184
AIR1976SC366; (1976)4SCC572; [1977]2SCR52; 1977 Cri LJ 225
'anticipatory bail'. The majority view was that there was no such power in the court under the old Criminal Procedure Code. The Law Commission, in its Forty First Report pointed out:The necessity for granting anticipatory bail arises mainly because … can be competently made by a Court of Session or a High Court under Section 438 of the CrPC, 1973 in case of offences falling under Rule 184 of the Defence and Internal Security of India Rules, 1971 … the Act is the provision which authorises the Central Government to make Rules under the Act and under Section 35 of the Act the Rules have to be laid before both Houses of Parliament with such modification or
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
income-tax Officer Vs. Roshni Cold Storage (P.) Ltd. and ors.
Chennai
Jul-20-1998
Direct Taxation
Code of Criminal Procedure (CrPC) , 1973 - Sections 417; Income Tax Act, 1961 - Sections 2, 2(35), 194A, 194A(4), 204, 276B and 278B; Taxation Laws (Amendment) Act, 1975
[2000]245ITR322(Mad)
further consideration of the pleading of the accused during the questioning by the court under Section 315 of the Criminal Procedure Code, and further considering the facts, figures and circumstances of the case as projected by the prosecution and ultimately … Section 278B of the Income-tax Act, 1961, and under Sections 120B, 420 and 511 of the Indian Penal Code in the case concerned with C. A. No. 524 of 1987 and under Section 276B and Section 276B … the Income-tax Act, 1961, for the financial years ended with December 31, 1973, to December 31, 1979 (in the case concerned with C. A. No.
Tag this Judgment! AI Brief & AskM/S. Deepak Corporation Vs. Pushpa Prahlad Nanderjog
Mumbai
Mar-04-1994
Commercial
Bombay Stamp Act, 1958 - Sections 31, 32-A, 33, 34, 36, 37, 39 and 41; Stamp Act, 1899 - Sections 33, 35 and 58; Code of Civil Procedure (CPC), 1908 - Order 21, Rule 2; Code of Criminal Procedure (CrPC) , 1973
AIR1994Bom337; 1995(1)BomCR452; 1995(1)MhLj489
35 and 58 of Stamp Act, 1899, Order 21 Rule 2 of Code of Civil Procedure, 1908 and Criminal Procedure Code, 1973 - applicant filed for modification of undertaking given by petitioner - same impounded and Registrar directed to … proceeding under Chapter IX of Part D of Chapter X of the Code of Criminal Procedure 1973, makes any order admitting any instrumental evidence as … of the penalty and fine by the Collector. In this connection, it may be expedient to refer to Section 35 of the Act, which provides that 'once a document is admitted in evidence it cannot be called in
Tag this Judgment! AI Brief & AskBabulal Bhagwan Khandare and anr. Vs. State of Maharashtra
Supreme Court of India
Dec-02-2004
Criminal
Indian Penal Code (IPC), 1860 - Sections 34, 35, 38, 96, 97, 98, 99, 100 to 106, 300, 302 and 307; Code of Criminal Procedure (CrPC) , 1973 - Sections 313; Evidence Act, 1872 - Sections 105
2004(10)SCALE188; (2005)10SCC404
Code, 1860 - Sections 34, 35, 38, 96, 97, 98, 99, 100 to 106, 300, 302, 307 - Criminal Procedure Code (CrPC), 1973 - Section 313 - Evidence Act, 1872 - Section 105 - Right of private defence - Entitlement to
Tag this Judgment! AI Brief & AskMahant Surinder Nath Thru His Attorney Shri Satish Kumar Vs. Union of ...
Delhi
Dec-12-2007
PropertyCivil
Land Acquisition Act, 1894; Delhi Development Act; Code of Civil Procedure (CPC) , 1908 - Sections 35 and 35(2) - Order 10, Rule 2 - Order 39, Rules 1 and 2; Resettlement of Displaced Persons (Land Acquisition) Act, 1948 - Sections 3; Code of Criminal Procedure (CrPC) , 1973 - Sections 340, 340(1), 463, 471, 475 and 476; Indian Penal Code (IPC), 1860 - Sections 191, 193 to 196, 199 to 200, 205 to 211 and 228
146(2008)DLT438; 2008(100)DRJ195
which are scare--Suit dismissed--Costs of Rs. 1,50,000/- imposed on the plaintiffPenal Code, 1860Sections 193,199, 200 and 209 - Criminal Procedure Code, 1973--Section 340--Law on perjury is meant to charge litigants with offences where unscrupulous litigants are found to be … under the provisions of Order 39 Rule 1 & 2 of the Code of Civil Procedure, 1908 (hereinafter referred to as the CPC) seeking interim … award of costs in such matters. The legislature has recognized need for imposition of costs and, thus, enacted Section 35 of the said Code. In Salem Advocates Bar Association v. Union of India 6 SCC 344 a judicial
Tag this Judgment! AI Brief & AskNarcotics Control Bureau Vs. Kishan Lal and Others
Supreme Court of India
Jan-29-1991
Narcotics
Code of Criminal Procedure (CrPC) , 1974 - Sections 4, 437, 438, and 482; Code of Criminal Procedure (CrPC) , 1973 - Sections 167 (2); Terrorist and Disruptive Activities (Prevention) Act, 1987 - Sections 12(2), 16(1), 19(2) 20(8) and (9); Indian Penal Code (IPC), 1860; Defence and Internal Security of India Rules, 1971 - Rule 184; Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 15 to 35, 36A and 37
AIR1991SC558; (1991)93BOMLR136; 1991CriLJ654; 1991(1)Crimes467(SC); 1991(33)ECC32; 1991(52)ELT328(SC); JT1991(1)SC258; 1991(1)KLT547(SC); 1991(1)MhLj204; 1991(I)OLR(SC)305; 1991 (1) SCC 705
15 to 35, 36-A and 37 of Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 439 of Criminal Procedure Code, 1973 - whether High Court right in holding that restrictions placed on powers of Court to grant bail … be deemed to affect the special powers of the High Court regarding bail under Section 439 of the CrPC, 1973 (2 of 1974), and the High Court may exercise such powers including the power under Clause (b) of
Tag this Judgment! AI Brief & AskLaxman Bapu Sonar Vs. State of Gujarat
Gujarat
Jan-19-2004
CriminalNarcotics
Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 8, 20, 22, 27, 35, 42, 43 and 50; Indian Penal Code (IPC) - Sections 114, 328, 379 and 394; Criminal Procedure , 1973 - Sections 219, 311, 313, 374(2), 465 and 465(2)
2004CriLJ2229; (2004)3GLR2129
394 of Indian Penal Code, 1860 and Sections 219, 311, 313, 374 (2), 465 and 465 (2) of Criminal Procedure Code, 1973 - appeal against conviction under Section 22 and Section 379 read with Section 114 - whether appeal … J.M. Panchal, J.1. Both the appeals filed under Section 374(2) of the Code of Criminal Procedure, 1973, are directed against common judgment dated March 16, … for his personal use. In absence of such a proof, presumption regarding culpable mental state as provided in Section 35 of the NDPS Act will have to be raised. On examination of further statements of the appellants recorded
Tag this Judgment! AI Brief & AskSheikh Tausif Vs. State of Madhya Pradesh and anr.
Madhya Pradesh
Sep-20-2001
Criminal
Indian Forest Act, 1927 - Sections 2, 26, 52 and 52-C; Indian Forest Madhya Pradesh (Amended) Act, 1983; Wild Life (Protection) Act, 1972 - Sections 2, 2(36), 2(37), 9, 11, 26, 27, 29, 29(1), 35(1), 35(6), 39, 39(1), 43(3), 46(A), 51, 52, 52-A, 52-B, 52-C, 52(4) and 52(5); Code of Criminal Procedure (CrPC) , 1974 - Sections 457 and 482; Elephants' Preservation Act, 1879; Code of Criminal Procedure (CrPC) , 1973 - Sections 50(4) and 451
2002CriLJ1562; 2002(1)MPHT61; 2002(1)MPLJ263
trial in accordance with Section 50(4) read with Section 451 of the Code of Criminal Procedure, 1973. It has, further been held that mere seizure … Judicial Magistrate, Saunsar.13. Misc. Criminal Case allowed. Criminal - Seizure - Vehicle - Sections 457 and 482 of Criminal Procedure Code, 1973(Cr.P.C.), Sections 26 and 52 of Indian Forest Act and Sections 2, 9, 27, 29, 35(6), 43(3), 46(A), … which is hunted under Section 11 or Sub-section ( 1 ) of Section 29 or Sub-section (6) of Section 35 or kept or [bred in captivity or hunted] in contravention of any provision of this Act or any
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