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Smt. Rahima Abusaheb Munshi, Mehar Industries Vs. the State of Maharas ...

Court : Mumbai

Subject : Criminal

Acts : Indian Penal Code (IPC) - Sections 34, 149, 465 and 477A; Code of Criminal Procedure (CrPC) , 1973 - Sections 251 and 358

Reported in : 2003(2)ALD(Cri)60; 2003BomCR(Cri)1492

- Common intention - In furtherance of - Indian Penal Code - Sections 34, 149, 465 and 477A; Criminal Procedure Code (CrPC), 1973 - Sections 251 and 358 - Petitioner alongwith co-accused charged for committing offence punishable under Section 465 and

Additional District Magistrate, Jabalpur Vs. Shivakant Shukla

Court : Supreme Court of India

Subject : Constitution

Acts : Maintenance of Internal Security Act, 1971 - Sections 3, 3(1), 8, 16, 16A, 16A(9) and 18; Constitution of India - Articles 14, 19, 21, 22, 31, 31(1), 32, 133, 134, 136, 141, 226, 265, 352, 352(1) and (3), 358, 359, 359(1) and (1A) and 368; Evidence Act - Sections 123, 124 and 162; Indian Penal Code (IPC), 1860 - Sections 76, 79 and 342; Code of Criminal Procedure (CrPC) , 1973 - Sections 56, 57, 167, 419 and 419(1); Constitution of India (Thirty-eighth Amendment) Act; Presidential Order; Code of Civil Procedure (CPC) , 1908 - Sections 3 and 80 - Order XXXV, Rule 12;Constitution of India (Thirty-ninth Amendment) Act

Reported in : AIR1976SC1207; 1976CriLJ945; (1976)2SCC521; [1976]SuppSCR172; 1976(8)LC610(SC)

Law remedy by way of writ of Habeas Corpus exists, even after Section 491 was introduced in the Criminal Procedure Code in 1923, was negatived. The sweep of Article 359 (1) of the Constitution, taking in the jurisdiction of … those which could assist them. One main question considered in that case was whether Section 491(1)(b) of the CrPC could afford a statutory remedy, by an order or direction in the nature of a writ of Habeas … feature of our Constitution is that, whereas the consequences given in Article 358, as a result of a Proclamation under Article 352 (1), are automatic,

M.T. Enrica Lexie and anr. Vs. Doramma and ors.

Court : Supreme Court of India

Subject : Criminal

Acts : Indian Penal Code (IPC), (IPC) - Section 302, 102; Code of Criminal Procedure (CrPC), 1973 - Section 102(3), 157; Merchant Shipping Act, 1958 - Sections 358, 359

and now since proceedings had been initiated by the Investigating Officer under Section 102(3) of the Code of Criminal Procedure, 1973 (for short, 'Code'), the matter needed to be considered by the concerned Judicial Magistrate exercising the powers … of the boat. On the basis of FIR, Crime No. 2/2012 under Section 302 of the Indian Penal Code, (IPC) was registered. Neendakara Coastal Police Station also informed the matter to the Coast Guards and, accordingly, the … has been collected during the preliminary inquiry for the purposes of Sections 358 and 359 of the Merchant Shipping Act, 1958. The FIR lodged against

Pokar Ram Vs. State of Rajasthan and ors.

Court : Supreme Court of India

Subject : Criminal

Acts : Indian Penal Code (IPC) - Sections 148, 149, 302, 307, 327, 379 and 447; Code of Criminal Procedure (CrPC) - Sections 46(1), 438, 439 and 439(2)

Reported in : AIR1985SC969; 1985CriLJ1175; 1985(1)SCALE918; (1985)2SCC597; [1985]3SCR780; 1985(1)WLN287

Ranjit Singh is quashed and set aside and the bond furnished by him is cancelled. We order accordingly. Criminal Procedure Code - Sections 438 & 439--Bail and Anticipatory bail--Distinction between--Farmers is post arrest and latter is pre-arrest--Former is release … provision of anticipatory bail come to be introduced in the Code of 1973. Similarly the decision in Delhi Admit. v. Sanjay Gandhi : 1978CriLJ952 is … in Gurcharn Singh and Ors. v. State (Delhi Administration) [1973] 2 SCR 358 by the High Court is hardly apposite because the controversy centered round … him till September 29, 1983 when he moved an application for anticipatory bail under Section 438 of the CrPC presumably after coming to know that injured Bhanwaria has succumbed to his injuries and the offence would one

Pramod Kumar Padhi Vs. Golokha @ Golla Karna and ors.

Court : Orissa

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 358, 358(1), 359 and 482

Reported in : 1986(I)OLR89

the Magistrate to award compensation for groundless arrest is provided for in section 358 of the Code of Criminal Procedure (for short 'the Code'). Though in terms the said section does not provide for an opportunity of heating … power of the Magistrate to award compensation for groundless arrest is provided for in section 358 of the Code of Criminal Procedure (for short 'the Code'). Though in terms the said section does not provide for an

Moideenkutty Vs. State of Kerala

Court : Kerala

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 122(7), 125, 125(3), 128, 250(3), 345(1), 358(2), 358(3), 359, 446 and 488; Indian Penal Code (IPC), 1860 - Sections 53 and 67; General Clauses Act - Sections 3 and 3(27); Negotiable Instruments Act - Sections 138; Constitution of India - Article 21

Reported in : 2008CriLJ3402; 2008(2)KLJ741

some bearing and impact on the question.We would remark further that the warrant of imprisonment under Section 488, Criminal P.C., the form of which is to be found in Schedule 5, No. XL, contemplates a sentence of … that for the mere default of the payment of an amount though it can be recovered by the procedure for levying fines, imposition of a sentence of rigorous imprisonment must be avoided. While construing the ambit of … be a punishment as contemplated under Section 53 of the Indian Penal Code.8. The decision of the Supreme Court in Kuldip Kaur v. Surinder Singh … be a punishment as contemplated under Section 53 of the Indian Penal Code.8. The decision of the Supreme Court in Kuldip Kaur v. Surinder Singh … default Counsel points out Sections 250(3), 345(1), 122(7), 358(2), 358(3), 359 and 446 where it has been

Dattu Santuppa Patil Vs. Nagoji Kallappa Patil and Others

Court : Mumbai

Subject : Criminal

Reported in : 1991(3)BomCR607; 1991CriLJ1975

of the appeal according to law. Appeal allowed accordingly. 9. Appeal allowed. Criminal - notice to complainant - Section 358 (1) (iii) of Criminal Procedure Code, 1973 - appeal by original complainant against Order of acquittal passed by … Shirke, learned Advocate appearing on behalf of the appellant has relied on the provisions of Section 385(1)(111) Of the Criminal Procedure Code and contended that after the new Code i.e., the Code of 1973 was promulgated, that the provisions of … has relied on the provisions of Section 385(1)(111) Of the Criminal Procedure Code and contended that after the new Code i.e., the Code of 1973

Ramesh Narang Vs. Rama Narang and ors.

Court : Mumbai

Subject : Criminal

Acts : Companies Act, 1956 - Sections 43A, 267, 274, 274(2), 283, 283(2), 397 and 398; Indian Penal Code (IPC) - Sections 114, 120B and 420; Code of Criminal Procedure (CrPC) , 1973 - Sections 117, 121, 357, 358, 359, 360, 373, 374(2), 386, 389(1) and 482; Representation of the People Act, 1951 - Sections 8 and 11; Passports Act; Anti Corruption Act

Reported in : 1995(2)BomCR7; 1995CriLJ1685

It was contended on behalf of the appellant that Sub-section (1) of Section 389 of the Code of Criminal Procedure entitled the Appellate Court to order suspension of execution of the sentence or order but the expression 'order' … of the fine to be paid to any person as compensation for the loss or the injury caused. Section 358 of the Code confers power upon the Court to award compensation to persons who are arrested without any … Sections 120B and Section 420 read with Section 114 of Indian Penal Code. The Additional Sessions Judge imposed punishment of rigorous imprisonment for three months

Shri Shayam Dattatray Beturkar Vs. the Special Executive Magistrate an ...

Court : Mumbai

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 41(2), 42, 110, 111, 112, 116, 151(3) and 482; Constitution of India - Articles 21, 32, 142 and 226; Indian Penal Code (IPC), 1860 - Sections 302 and 307

Reported in : 1999(5)BomCR726; (1999)3BOMLR46; 1999CriLJ2676; 1999(3)MhLj197

case. Hence for all these reasons I pass the following order :-- [A] Criminal Procedure Code, 1973 - Section 358 - Compensation -Illegal arrest - Grant of compensation - Plea that it would act as deterrent against police … arrest in his petition. For example, on 24-2-1998 Bazarpeth Police Station arrested the petitioner under section 151(3) of the Criminal Procedure Code and produced before the Judicial Magistrate for seeking 14 days custody. However, the Magistrate after finding that there … but Bazarpeth Police Station, Kalyan has been using provisions of Criminal Procedure Code to arrest and detain the petitioner as and when they like and

CaptaIn Subash Kumar Vs. Principal Officer, Mercantile Marine Departme ...

Court : Supreme Court of India

Subject : Criminal

Acts : Merchant Shipping Act, 1958 - Sections 2, 2(2), 21, 358, 358(2), 359, 361, 362, 363, 363(1) and 370(1); Code of Criminal Procedure (CrPC) 1973 - Sections 482; Constitution of India - Article 297

Reported in : AIR1991SC1632; 1991CriLJ2000; 1991(1)Crimes830(SC); JT1991(1)SC658; 1991(1)SCALE262; (1991)2SCC449; [1991]1SCR743

Government to act under Section 363 of the Act according to law if it so decides. Appeal allowed. Criminal - negligence - Sections 361 and 363 of Merchant Shipping Act, 1958 - a ship under command of … the Act; and that the High Court under Section 482 of the CrPC rightly refused to quash the proceedings.8. Three questions, therefore, are to be … the Act; and that the High Court under Section 482 of the CrPC rightly refused to quash the proceedings.8. Three questions, therefore, are to be … Act it would not be applicable and that it would not be a shipping casualty as defined in Section 358 of the Act, and held that the Act was applicable in the instant case and the action of