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Jun 22 1999

Vijaykumar B. Agarwal Vs. Govindbhai Dayal Mange and Another

Court : Mumbai

Decided on : Jun-22-1999

Subject : Commercial

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 357(1); Negotiable Instruments Act, 1881 - Sections 138; Code of Civil Procedure (CPC), 1908 - Order 9, Rule 13 and Order 37, Rule 34

Reported in : 1999(4)BomCR251

rupees under such orders. Section 357 of the Code of Criminal Procedure, 1973 provides for payment of compensation out of the fine to certain persons. … submits that the compensation had been granted to the plaintiff by the Criminal Court under section 357 of the Criminal Procedure Code. Therefore, the aforesaid compensation would have been taken into account by this Court while passing a decree in … compensation had been granted to the plaintiff by the Criminal Court under section 357 of the Criminal Procedure Code. Therefore, the aforesaid compensation would have been taken into account by this Court while passing a decree in

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Jul 23 2003

Mohmad Hafiz Khan Vs. Anand Finance and anr.

Court : Mumbai

Decided on : Jul-23-2003

Subject : CriminalBanking

Acts : Negotiable Instruments Act, 1881 - Sections 138; Code of Criminal Procedure (CrPC) , 1973 - Sections 357(3)

Reported in : 2003(2)ALD(Cri)6; I(2004)BC606

of the applicant 6. It was contended on behalf of the applicant that under Section 29 of the Code of Criminal Procedure, 1973, the Magistrate had power to impose fine only to the tune of Rs. 5,000/-. … the instant case, however instead of fine, the Magistrate had preferred to award compensation under Section 357(3) of the Criminal Procedure Code. It was contended that once the compensation was levied, there could be no sentence of imprisonment in default

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Jan 05 2004

Mangilal Vs. State of Madhya Pradesh

Court : Supreme Court of India

Decided on : Jan-05-2004

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 357, 357(1), 357(3), 357(4) and 357(5); Indian Penal Code (IPC), 1860 - Sections 147, 148, 149, 302 323, 448 and 452; Fatal Accidents Act, 1855; Constitution of India - Article 366

Reported in : AIR2004SC1280; 2004(1)ALD(Cri)447; 2004CriLJ880; 2004(1)CTC474; JT2004(1)SC81; 2004(1)KLT1038(SC); 2004(1)SCALE42; (2004)2SCC447

issue to be decided under Section 357(4) of the Code. The appeal is allowed to the extent indicated. Criminal Procedure Code, 1973 - Sections 357 (1), 357 (3), 357 (4), 357 (5) - Indian Penal Code, 1860 - Sections … Arijit Pasayat, J. 1. An interesting question relating to the scope and ambit of Section 357 of the Code of Criminal Procedure, 1973 (for short 'the Code') is raised in this appeal which by order dated 15.10.2003

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Jul 11 2008

Manish Jalan Vs. State of Karnataka

Court : Supreme Court of India

Decided on : Jul-11-2008

Subject : Criminal

Acts : Fatal Accidents Act, 1855; Indian Penal Code (IPC), 1860 - Sections 279 and 304A; Code of Criminal Procedure (CrPC) , 1973 - Sections 320, 320(9), 357, 357(1), 357(3) and 431; Code of Criminal Procedure (CrPC) , 1973 - Sections 545

Reported in : 2008ACJ2349; AIR2008SC3074; 2008(2)ALD(Cri)499; 2008CriLJ3941; JT2008(7)SC643; 2008(6)KarLJ228; 2008(3)KLT390(SC); RLW2008(3)SC2374; 2008(9)SCALE814; (2008)8SCC225; 2008AIRSCW5160; 2008ACJ2349; (2008)3SCC(Cri)456; 2008(6)AIRKarR45

the Court to direct payment of compensation to the dependents of the victim is found in Section 357 CrPC (1973), corresponding to Section 545 of the 1898 Code. The relevant portion of Section 357 reads as follows:357. Order … observed:We have a fairly comprehensive provision for payment of compensation to the injured party under Section 545 of the Criminal Procedure Code. It is regrettable that our courts do not exercise their salutary powers under this Section as freely and

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Nov 19 1986

ishwar Singh Bagga and ors. Vs. State of Rajasthan

Court : Supreme Court of India

Decided on : Nov-19-1986

Subject : Motor Vehicles

Acts : Indian Penal Code (IPC), 1860 - Sections 464; Constitution of India - Articles 19(1) and 32; Motor Vehicles Act, 1939 - Sections 68C, 129A and 133A; Code of Criminal Procedure (CrPC) , 1973 - Sections 43, 94 and 357; Road Transport Corporation Act, 1950 - Sections 3, 14, 15, 19 and 23(3)

Reported in : AIR1987SC628; JT1986(1)SC892; 1986(2)SCALE881; (1987)1SCC101; [1987]1SCR300; 1987(1)LC66(SC); 1987(1)WLN20

of the Act. The impugned Notification as to fail on this account only.;(b) Motor Vehicles Act, 1939 and Criminal Procedure Code - Section 357--Compensation--Corporation is not entitled to be paid compensation under Section 357.;The Corporation is not entitled to … to him. In order to illustrate the above point reference may be made to Section 43 of the CrPC, 1973. It provides that any private person may arrest or cause to be arrested any person who in his

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Apr 10 2007

Dilip S. Dahanukar Vs. Kotak Mahindra Co. Ltd. and anr.

Court : Supreme Court of India

Decided on : Apr-10-2007

Subject : Criminal

Acts : Negotiable Instruments Act, 1881 - Sections 138, 138(1) and 141; Companies Act, 1956; Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002 - Sections 17 and 17(4); Code of Criminal Procedure (CrPC) , 1973 - Sections 357, 357(1), 357(2), 357(3), 357(5), 374, 387, 389, 410, 418, 421, 424, 431, 437, 437(3), 439(2) and 545; Prevention of Terrorism Activities Act - Sections 34(1) and 34(4); Indian Penal Code (IPC) - Sections 302 and 304; Code of Civil Procedure (CPC) - Sections 51; Constitution of India - Articles 11, 14, 19, 19(1), 19(5) and 21

Reported in : [2007]137CompCas1(SC); 2007CriLJ2417; (2008)1GLR307; JT2007(6)SC204; 2008(1)MhLj22; 2007(11)OLR(SC)263; 2007(5)SCALE452; (2007)6SCC528

S.B. Sinha, J.1. Leave granted.2. Interpretation of Section 357 of the Code of Criminal Procedure, 1973 ('the Code', for short) vis--vis the provisions of the Negotiable Instruments … held:The right to prefer an appeal from sentence of Court of Sessions is conferred by Section 410 of the Criminal Procedure Code. The right to appeal is one both on a matter of fact and a matter of law. It … not considering for awarding any compensation to Gurmeet Kaur under Section 357(3) CrPC but the amount of fine imposed, can in any case be reasonably

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Jan 10 1995

State Vs. Ashok Kumar

Court : Delhi

Decided on : Jan-10-1995

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 313 and 357

Reported in : 57(1995)DLT239

of his duty under Section 43 of the Code of Criminal Procedure, 1973, or who had rendered assistance to a magistrate or a police officer … against him. It is pertinent to note here that when an accused is examined under Section 313 of the Criminal Procedure Code it is done for the purpose of enabling the accused to explain any circumstances appearing in the evidence … means of the offender. No doubt, the courts have powers under Section 357(1)(c) Criminal Procedure Code . to award compensation to compensate the heirs and … appellant accused Ashok Kumar was convicted by the learned Additional Sessions Judge, Delhi under Section 302. Indian Penal Code . and was sentenced to death for the murder of Mahabir Singh (husband of the appellant accused Prem

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Dec 12 2006

Nerella Dhanunjaya Vs. the Commissioner, Municipal Corporation of Wara ...

Court : Andhra Pradesh

Decided on : Dec-12-2006

Subject : Civil

Acts : Hyderabad Municipal Corporations Act, 1955 - Sections 406; Code of Criminal Procedure (CrPC) , 1973 - Sections 357; Constitution of India - Article 14, 21, 32 and 226; Master Plan Regulations

Reported in : 2007(3)ALD116

therein can seek remedy in civil Court for compensation as well as under Section 357 of Code of Criminal Procedure, 1973. After referring to some of the decided cases on this branch of law, the Supreme Court observed … the petitioner therein can seek remedy in civil Court for compensation as well as under Section 357 of Code of Criminal Procedure, 1973. After referring to some of the decided cases on this branch of law, the

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Aug 01 2008

D. Purushotama Reddy and anr. Vs. K. Sateesh

Court : Supreme Court of India

Decided on : Aug-01-2008

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 200, 357, 357(1), 357(3) and 357(5); Negotiable Instruments Act, 1881 - Sections 4, 5, 138 and 142; Constitution of India - Articles 12, 14, 21, 136 and 142

Reported in : AIR2008SC3202; IV(2008)BC269(SC); 2008(3)KLT590(SC); (2008)6MLJ1067(SC); (2008)152PLR1; 2008(11)SCALE73; 2008AIRSCW5411; 2008(6)AIRKarR59

of India, which on presentation, were returned dishonoured. Indisputably, a complaint under Section 200 of the Code of Criminal Procedure, 1973 read with Sections 138 and 142 of the Negotiable Instruments Act, 1881 (for short 'the Act'), marked … a sum of Rs. 2,00,000/- would be paid to the complainant by way of compensation in terms of Section 357 of the Code of Criminal Procedure (for short 'the Code') and the remaining amount was to be payable … to take into account sum paid or recovered as compensation u/s 357, CrPC - Appellant deposited amount in both civil and criminal proceedings out of

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May 11 1994

Pawan Singh and Chotta Singh Vs. State of Punjab

Court : Punjab and Haryana

Decided on : May-11-1994

Subject : Criminal

Acts : Indian Penal Code (IPC) - Sections 34, 302 and 304; Code of Criminal Procedure (CrPC) , 1973 - Sections 173 and 357

Reported in : 1995CriLJ609

Wakil Singh was shown in Column No. II of the report under Section 173 of the Code of Criminal Procedure, 1973. Later on Wakil Singh accused was summoned by the learned trial Court. Pawan Singh and Chhota Singh … entire amount shall be paid as compensation to Bachan Kaur widow of Jora Singh deceased as envisaged under Section 357 of the Code of Criminal Procedure, 1973.20. Both the appeal as well as Criminal Revision No. 410 of … Pawan Singh appellant was convicted under Section 302 of the Indian Penal Code and Chhota Singh appellant was convicted under Section 302 read with Section

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