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State of Orissa Vs. Ram Chander Agarwala and ors.

Court : Supreme Court of India

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1898 - Sections 366, 366(2), 367, 368, 369, 395, 417, 424, 430, 439, 439(2), 439(6), 469(1), 484 and 561-A; Code of Criminal Procedure (CrPC) , 1973 - Sections 362 and 401

Reported in : AIR1979SC87; 1979CriLJ33; (1979)2SCC305; [1979]1SCR1114; 1979(11)LC172(SC)

439 (6), 469 (1), 484 and 561-A of Criminal Procedure Code, 1898 and Sections 362 and 401 of CrPC, 1973 - respondents found guilty in criminal cases filed against them under Section 20 (e) - District Magistrate inflicted … find any basis for the conclusion arrived at by the High Court. The notice, under Section 439(2) of the Criminal Procedure Code requires that no order, under Section 439, shall be made to the prejudice of the accused unless he

State of Punjab Vs. Davinder Pal Singh Bhullar and ors.

Court : Supreme Court of India

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC), 1973 - Section 362, 482, 164, 200, 397(3); Indian Penal Code (IPC), 1860 - 302, 307, 323, 437, 120B, 212, 216, 223, 224; Explosive Substances Act, 1908 - Sections 3, 4, ; Terrorist and Disruptive Activities (Prevention) Act, 1987 ; Arms Act 1959 - Sections 25, 54, 69; Code Of Civil Procedure (CPC) - Section 151

Reported in : 2012(1)KLT10; AIR2012SCW207; AIR2012SC364; 2012CriLJ1001; (2011) 14 SCC 770

motu particularly, in view of the provisions of Section 362 of the Code of Criminal Procedure, 1973 (hereinafter called Cr.P.C.) and as to whether in … after final disposal of the criminal appeal or even suo motu particularly, in view of the provisions of Section 362 of the Code of Criminal Procedure, 1973 (hereinafter called Cr.P.C.) and as to whether in exercise of its … are judicial methods always adequate to secure justice. But the courts are bound by the Penal Code and Criminal Procedure Code by the very `oath' of the office. (See: Joseph Peter v. State of Goa, Daman and Diu, AIR

Sridhar Jena and anr. Vs. State of Orissa

Court : Orissa

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 190(1) and 362

Reported in : 2002(I)OLR669

ORDERB.P. Das, J.1. This application under Section 482 of the Code of Criminal Procedure. 1973 (in short 'Cr.P.C.') is directed against the order dated 9.11.2000 (Annexure-2) passed by the learned Judicial Magistrate … ORDERB.P. Das, J.1. This application under Section 482 of the Code of Criminal Procedure. 1973 (in short 'Cr.P.C.') is directed against the order … facie case was made out under Section 395, I.P.C. During the course of argument, it was submitted that Section 362, Cr. P.C. is a bar to alter/ amend the order.3. Let me take up the first ground for

Mrs. M.T.R. Powar Vs. R.K. Gupta

Court : Delhi

Subject : Direct Taxation

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 362; Income Tax Act, 1961 - Sections 277 and 278

Reported in : [1987]165ITR119(Delhi)

Criminal Revision No. 15 of 1985 stands disposed of. Criminal Procedure Code, 1973 - Section 362--Review of judgment or final order--criminal court has no jurisdiction … G.R. Luthra, J. 1. The present petition under Section 482 of the Criminal Procedure Code (for short 'the Code') is directed against an order dated October 27, 1984, of Shri S. M. Aggarwal, … J. 1. The present petition under Section 482 of the Criminal Procedure Code (for short 'the Code') is directed against an order dated October 27, … having dismissed the revision petition, the learned Sessions Judge had become functus officio, that he was debarred by Section 362 of the Code from reviewing or setting aside the order of dismissal of the revision petition and that,

Uttam and ors. Vs. State of Maharashtra and ors.

Court : Mumbai

Subject : Criminal

Acts : Probation of Offenders Act - Sections 6; Code of Criminal Procedure (CrPC) , 1973 - Sections 361A, 362, 432, 433, 433A, 439(2) and 482; Code of Criminal Procedure (CrPC) - Sections 430 and 561A; Code of Civil Procedure (CPC) ; Indian Penal Code (IPC) - Sections 302 and 304

Reported in : 1997(3)ALLMR488; 1997CriLJ1307

things, inherent powers will not enable the High Court to do those things bypassing the specific statutory provision.9. Section 362 of the Code of Criminal Procedure reads as under:-'Save as otherwise provided by this Code or by any … The concept of the inherent powers in the procedural law is now well defined either it be in the Criminal Procedure Code or the Civil Procedure Code. The inherent powers can not be exercised to by pass what has been … which is more than the statutory prescription under Section 433-A of the Code of Criminal Procedure. If a prisoner completes the actual imprisonment of 14 … the inherent powers of the High Court as protected and declared under Section 482 of the Code of 1973 (Section 561-A under the old Code) can be invoked;6. Shri Sabnis further relied on the judgment of the Division

Sunita JaIn Vs. Pawan Kumar JaIn and ors.

Court : Supreme Court of India

Subject : Criminal

Acts : Dowry Prohibition Act, 1961 - Sections 3 and 4; Indian Penal Code (IPC) - Sections 34, 302, 342, 406, 498A and 506; Code of Criminal Procedure (CrPC) , 1973 - Sections 127, 127(2), 155(2), 156(1), 320, 362, 397, 397(2), 482 and 561A; Constitution of India - Articles 14, 19, 21, 32 and 136

Reported in : 2008(1)ALD(Cri)642; 2008(2)ALT(Cri)417; I(2008)DMC324SC; JT2008(2)SC19; 2008(2)KLJ304; 2008(3)MPHT2(SC); 2008(2)SCALE13; (2008)2SCC705

the Indian Penal Code, 1860 (IPC, 1860) - Sections 362, 482 of the Code of Criminal Procedure, 1973 (CrPC, 1973) - Complaint lodged by the petitioner against respondents for offences punishable under Sections 498A, 342 and 406, IPC, … court by a specific of express provision to that effect. No power of review has been conferred by Criminal Procedure Code, 1973 on a criminal court and therefore it cannot review an order passed or judgment pronounced. Sunita Jain … reality, the High Court has exercised power of review not conferred by the Code on a Criminal Court. Section 362 of the Code does not empower a Criminal Court to alter its judgment. It reads thus:362. Court not

Balgobind Prajapat @ Balgobind Kumhar Vs. the State of Bihar

Court : Patna

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 362 and 482; Code of Criminal Procedure (CrPC) , 1898 - Sections 369A and 561A; Indian Penal Code (IPC) - Sections 302, 307 and 324

made in view of the specific provision of Section 369 Criminal Procedure Code, 1898 (362 Criminal Procedure Code, 1973). Section 561-A Criminal Procedure Code, 1898 (482 Criminal Procedure Code, 1973) is not applicable where specific provision is provided … Ram Chander Agarwala and Ors. : 1979CriLJ33 , the Apex Court while considering the provisions of Sections 369/561-A Criminal Procedure Code, 1898 has held that no alteration in judgment after signature can be made in view of the specific … J.1. The petitioner has approached this Court under Section 482 of the Code of Criminal Procedure for extension of time to deposit the fine and

Deepak Ratanshi Bhatia Vs. Narayan Acharya and anr.

Court : Mumbai

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 362 and 482

Reported in : 1993(1)BomCR635

fails and is dismissed. Rule to stand discharged. Criminal - review application - Sections 362 and 482 of Criminal Procedure Code, 1973 - review application after expiry of stipulated time for reviewing earlier judgment - in case applicants aggrieved … the present application by specifically pointing out that section 362 of the Code of Criminal Procedure prescribes a total bar to any alteration of a … Writ Petition No. 1891 of 1989 dated 27th November, 1990 be reviewed. The application is obviously one under section 362 Cr.P.C. though it is sought to be contended by Mr. Naren Thakore, the learned Counsel appearing on behalf

Seenappa Shetty Vs. Bhujanga Shetty

Court : Karnataka

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 362, 401 and 403

Reported in : ILR1991KAR3854; 1991(4)KarLJ716

my learned brother Navadgi, J.In view of this position, these applications fail and the same are hereby rejected. CRIMINAL PROCEDURE CODE, 1973 (Central Act No. 2 of 1974) - Section 362 & 403 - Recall of order on merits … C.C. No. 93/1989. The common respondent K. Bhujanga Shetty has flied a complaint under Section 200 of the Code of Criminal Procedure (shortly called as 'the Code') against 9 accused persons in the Court of JMFC I

Nazar Vs. Varghese

Court : Kerala

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 362 and 482

Reported in : 2003CriLJ3622; 2003(2)KLT1002

vested with this Court, the above petition is dismissed. Criminal - review - Sections 362 and 482 of Criminal Procedure Code, 1973 - petition seeking quashing of impugned Order obtained on account of alleged deliberate fraud played upon Court … this Court has no jurisdiction to entertain and pass orders as sought by the petitioner, in view of Section 362 of the Cr.P.C. Section 362 of the Cr.P.C. reads as follows:'362. Court not to alter judgment:- Save as … follows:'362. Court not to alter judgment:- Save as otherwise provided by this Code or by any other law for the time being in force, no