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J.G. Sinkar and ors. Vs. State of Maharashtra and ors.
Mumbai
Aug-14-1980
Civil
Constitution of India - Articles 137, 145 and 226; Code of Civil Procedure (CPC), 1908 - Sections 141 - Order 47; Saurashtra Land Reforms Act, 1951; Code of Criminal Procedure (CrPC) , 1898 - Sections 369 and 424; Code of Criminal Procedure (CrPC) , 1973; Foreign Exchange Regulation Act, 1947 - Sections 23-C(1) and 23-C(2)
AIR1981Bom184; 1981MhLJ18
the Supreme Court held that the controlling provisions are only those contained in Sections 369 and 424 of the Criminal Procedure Code of 1898. This section expressly takes away the right of any criminal Court either to alter or review … same position has been reiterated in the amended Code of Criminal Procedure, 1973 (Act II of 1974). We do not think that this judgment can … the nature of the proceeding before the Court? Is it civil, criminal or something entirely different Whether the Code of Civil Procedure applies to the proceeding before this Court? It appears that Section 141 of the Code
Tag this Judgment! AI Brief & AskState of Orissa Vs. Ram Chander Agarwala and ors.
Supreme Court of India
Oct-05-1978
Criminal
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
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 … Section 561(A) and other provisions of the Code to review its own judgment. Mr. Patel further submitted that Section 369 of the Criminal Procedure Code is not applicable to judgments on appeal passed by the High Court, much … 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
Tag this Judgment! AI Brief & AskState of Kerala Vs. Chellappan Sanal Kumar
Supreme Court of India
Mar-12-1981
Criminal
Indian Penal Code (IPC), (IPC), 1860 - Sections 302, 392, 457, 369 and 201; Code of Criminal Procedure (CrPC), 1973 (Cr.P.C) - Section 378
1981(Supp)SCC15
the reasons stated, the appeal fails and is dismissed. - [ A.D. Koshal and; Baharul Islam, JJ.] -- Criminal Procedure Code, 1973, Section 378 - Appeal against acquittal - Prosecution case not proved by reliable evidence and suffering from … by the Sessions Judge, Trivandrum for offences under Sections 302, 392, 457, 369 and 201 of the Indian Penal Code and was acquitted of the … - On facts held, acquittal of accused recorded by trial court and dismissal of application under Section 378, CrPC for leave to appeal by High Court justified -- The respondent was tried by the Sessions Judge, Trivandrum
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Satwant Singh Vs. State
Delhi
May-14-1986
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 369
AIR1986Delhi393; 1986CriLJ1352; ILR1986Delhi168
392 written with Sub-section 369 and 379 of the Criminal Procedure Code, 1973 - It was held that the provision of the Code did not … murder reference. (2) The Code of Criminal Procedure deals with murder references in Chapter Xxviii. In this Chapter, section 369 provides that in every case submitted for 'confirmation of sentence of death to the High Court, 'the confirmation … the appellant in Criminal Appeal No. 28 of 1986 raised a preliminary objection that under the provisions of the Criminal Procedure Code read with the rules of the High Court, a Full Bench cannot be constituted for hearing a criminal … raised a preliminary objection that under the provisions of the Criminal Procedure Code read with the rules of the High Court, a Full Bench cannot
Tag this Judgment! AI Brief & AskBachan Singh Vs. State of Punjab
Supreme Court of India
May-09-1980
Criminal
Constitution of India - Articles 12, 14, 19, 19(1), 21, 31 and 32; Indian Penal Code (IPC), 1860 - Sections 34, 149, 302, 235 and 235(2); Code of Criminal Procedure (CrPC) , 1973 - Sections 235(2), 354, 354(3), 366(1), 367, 367(5), 369 and 379
(1982)3SCC24; [1983]1SCR145a
in Section 302, Penal Code, and the sentencing procedure embodied in Sub-section (3) of Section 354 of the CrPC, 1973.2. The reference has arisen in these circumstances :Bachan Singh, appellant in Criminal Appeal No. 273 of 1979, was … Report and subsequent Reports of the Law Commission suggesting retention of death penalty, and recommending revision of the Criminal Procedure Code and the insertion of the new Sections 235(2) and 354(3) in that Code providing for pre-sentence hearing and … by law or to annul or alter the conviction or order a new trial or acquit the accused. Section 369 enjoins that in every case so submitted, the confirmation of the sentence, or any new sentence or order
Tag this Judgment! AI Brief & AskShaik Bande Ali Vs. State of A.P.
Andhra Pradesh
Mar-01-2000
Narcotics
Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 8, 20, 20(1), 42, 42(1) and 42(2); Code of Criminal Procedure (CrPC) , 1973 - Sections 362; Code of Criminal Procedure (CrPC) , 1898 - Sections 369; Constitution of India - Article 215
2000(1)ALD(Cri)512; 2000(3)ALT381; 2000(1)ALT(Cri)412; 2000CriLJ2033; 2000(70)ECC715
was not transcribed. I have not signed the script of the judgment.11. Section 362 of the Code of Criminal Procedure, 1973, provides that no Court, when it has signed its judgment or final order disposing of a case, … have not signed the script of the judgment.11. Section 362 of the Code of Criminal Procedure, 1973, provides that no Court, when it has signed … a Judgment:13. In Surendra Singh v. State of Uttar Pradesh, : 1954CriLJ475 , the Supreme Court while interpreting Section 369 of the Code of Criminal Procedure, 1898 (Act V of 1898), which is analogous to Section 362 of
Tag this Judgment! AI Brief & AskBibekananda Das Vs. State
Orissa
Sep-27-1996
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 362 and 369; Probation of Offenders Act
1996(II)OLR587
shall alter or review the same except to correct a clerical or arithmetical error.'The aforesaid provision corresponds to Section 369 of the Code of Criminal Procedure, 1898 (for short, 'old Cods') which provided as follows :'Save as otherwise … therefore, cannot review its judgment in view of the bar created by Section 362 of the Cede of Criminal Procedure, 1973 (for short, 'the Code').4. In view of the submissions made at the Bar, at the outset it … Section 362 of the Cede of Criminal Procedure, 1973 (for short, 'the Code').4. In view of the submissions made at the Bar, at the outset
Tag this Judgment! AI Brief & AskVenus Steel, Products Through Its Proprietor Shri Jaime S. Lazaro Vs. ...
Mumbai
May-06-2005
Criminal
Negotiable Instruments Act, 1881 - Sections 138; Code of Criminal Procedure (CrPC) , 1973 - Sections 362 and 482; Code of Criminal Procedure (CrPC) - Sections 369, 424 and 561A
III(2006)BC5
now invoked the jurisdiction of this Court under S. 482 of the Code of Criminal Procedure 1973 (Code, for short) and has prayed for restoration … High Court on appeal or revision cannot be reviewed or revised except in accordance with the provisions of the Criminal Procedure Code and the provisions of Section 561-A of the Code cannot be invoked for exercise of a power which … by the provisions of Section 561-A (now Section 482 of the Code). The Division Bench further observed that Section 369 did not apply to an order passed by the High Court under Section 561-A to restore a criminal
Tag this Judgment! AI Brief & AskSohan Lal and Others Vs. State of Rajasthan
Supreme Court of India
Aug-21-1990
Criminal
Indian Penal Code (IPC), 1860 - Sections 147, 323, 325, 336 and 427; Code of Criminal Procedure (CrPC) , 1898 - Sections 203; Code of Criminal Procedure (CrPC) , 1973 - Sections 173, 216, 227, 239, 244, 245, 249, 251A, 319, 369 and 398
AIR1990SC2158; 1990CriLJ2302; 1990(3)Crimes121(SC); JT1990(3)SC599; 1990(2)SCALE307; (1990)4SCC580; [1990]3SCR809
we hereby do. The appeals are allowed to that extent. Criminal - Unlawful activities - Section 216 of Criminal Procedure Code, 1973 and Sections 147, 323, 325 , 326 and 427 of Indian Penal Code, 1860 - Appellants charged … information at common law which is mere allegation of prosecuting officer by whom it is preferred.17. In the CrPC 1973, hereinafter called the Code, the expression 'the accused' has been used in a narrower sense. Chapter XII of … in law to a review of the judgment of the Magistrate which was not permissible having regard to Section 369 of the CrPC. Section 369 provided that no Court when it had signed its judgment shall alter or
Tag this Judgment! AI Brief & AskPhilips Fadrick D'souza and Ravindra @ Balu Pandurang Kambre Vs. the S ...
Mumbai
Sep-08-2008
Criminal
Indian Penal Code (IPC) - Sections 34, 359 to 369, 385, 387, 392, 449, 450, 451, 454 and 457; Code of Criminal Procedure (CrPC) , 1973
(2008)110BOMLR3105; 2009CriLJ89
examined as a witness for the prosecution, PW 2, without following the requisite procedure under the Code of Criminal Procedure, 1973.5. On behalf of Accused No. 3, these submissions were reiterated by Learned Counsel and it was urged … with Section 34, and Sections 387 and 392 of the Indian Penal Code. The Additional Sessions Judge, by a judgment dated 23rd February 2005 convicted … body in Chapter XVI and those which relate to kidnapping and abduction are delineated in Section 359 to Section 369. Section 359 provides that kidnapping is of two kinds, namely, kidnapping from India and kidnapping from lawful guardianship.
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