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Vinod Kumar Vs. State

Court : Delhi

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 438; Indian Panel Code, 1860 - Sections 34 and 381

Reported in : 2004IAD(Delhi)137; 107(2003)DLT678; 2004(73)DRJ378

5381/2003:Allowed, subject to all just exceptions.Crl.M. (M.) No. 3976/2003 :1. By this petition under Section 438 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.'), petitioner is seeking bail in case FIR No. 293/2003, under Sections … in accordance with law. The petitioner be not arrested in this case till then.Petition stands disposed of. dusty. Criminal Procedure Code, 1973 - Section 438--Bail--Case under Sections 381/34, IPC--Stolen articles have already been recovered--Additional Sessions Judge dismissed bail application

SadruddIn Javeri Vs. Government of A.P. and Others

Court : Andhra Pradesh

Subject : Criminal

Acts : Constitution of India - Articles 21 and 226; Income Tax Act, 1961 - Sections 132-A(1); Code of Criminal Procedure (CrPC) , 1973 - Sections 47, 93 to 100, 102, 165, 173, 173(2), and 457; Indian Penal Code (IPC), 1860 - Sections 182, 211, 381, 403, 406 and 420; Arms Act, 1959; Excise Act; Wealth Tax Act, 1957 - Sections 37

Reported in : 1998(4)ALD113; 1998(1)ALD(Cri)943; 1998(1)ALT529

of Income Tax Act, 1961, Sections 47, 93 to 100, 102, 165, 173, 173 (2) and 457 of Criminal Procedure Code, 1973, Sections 182, 211, 381, 403, 406 and 420 of Indian Penal Code, 1860, Arms Act, 1959, Excise … The petitioner has also moved an application under Section 482 of the Code of Criminal Procedure being MP No.649/96 to quash the said crime. It … Procedure, 1973 by the 4th respondent herein before the XXI Metropolitan Magistrate stating that no offence either under Section 381 IPC or under Arms Act or under Antiques and Art and Treasures Act are made out and in

Santa Rita Gomes S/O Luis Gomes Vs. State

Court : Mumbai

Subject : Criminal

Acts : Indian Penal Code (IPC) - Sections 279, 304A, 381, 381(1), 381(2) and 427;

Reported in : (2005)107BOMLR717

dispose off the said appeal. 13. In view of the above, the revision deserves, and is, hereby, dismissed. Criminal Procedure Code, 1973 - Section 381 r/w Sections 9, 10 and 28 - Appeal to Sessions Court - Powers of … contended that the said observation in per incuriam. In my opinion, it is not. Section 9 of the Code of Criminal Procedure, 1973 ('Code', for short) provides for a Court of Session and Sub-section (1) thereof provides

N.G. Sheth Vs. C.B.i. and ors.

Court : Delhi

Subject : Criminal

Acts : Official Secrets Act, 1923 - Sections 3, 5, 5(1), 9, 13, 13(1) and 13(2); Uttar Private Private Forest Act, 1948 - Sections 15(2); Union Territories (Separation of Judicial and Executive Functions) Act, 1969; Negotiable Instrument Act, 1881 - Sections 138, 142 and 143; Security and Exchange Board of India Act; Companies Act, 1956 - Sections 647; General Clauses Act, 1897 - Sections 6; Indian Penal Code (IPC) - Sections 120B, 349, 381 and 497; Code of Criminal Procedure (CrPC) , 1973 - Sections 4(2), 5, 6, 8, 17, 26, 26(2), 29(2), 325, 326, 327, 363A, 374(3), 377, 386, 388, 389, 392, 394, 409, 454, 455, 457, 458, 467, 472, 474, 475, 477, 493 and 495; Code of Criminal Procedure (CrPC) , 1898 - Sections 32 and 511; Constitution of India - Articles 21 and 227

Reported in : 151(2008)DLT789

13 of the Official Secrets Act, 1923 (OS Act for short), read in conjunction with sundry sections of the Criminal Procedure Code, 1973 (CrPC hereafter). Vide Gazette Notification dated 6.3.1998 the Central Government, in exercise of powers conferred upon it … been in existence shall remain unaffected by the provisions of CrPC. thereforee, whilst the trial of offences under Section 381 of IPC must be conducted in consonance with the CrPC ( as laid down in Section 4(1) thereof),

Gulzar Vs. State of M.P.

Court : Supreme Court of India

Subject : Criminal

Acts : Probation of Offenders Act, 1958 - Sections 3, 4 and 12; General Clauses Act - Sections 8(1); Enforcement of Probation Act; Indian Penal Code (IPC), 1860 - Sections 379, 380, 381, 404 and 420; Code of Criminal Procedure (CrPC) , 1973 - Sections 360, 360(10) and 361

Reported in : AIR2008SC383; JT2007(1)SC219; 2007(1)SCALE28; 2007(1)LC0077(SC); 2007(1)SCC619; (2007)1Crimes117(SC); (2007)1SCC(Cri)395(SC); 2007LawHerald(SC)188.

short the 'P.O. Act') in the background of what is stated in Section 360 of the Code of Criminal Procedure, 1973 ( in short the 'Code') has not been kept in view. Learned Counsel for the respondent on … any person is found guilty of having committed an offence punishable under Section 379 or Section 380 or Section 381 or Section 404 or Section 420 of the Indian Penal Code or any offence punishable with imprisonment for … found guilty of offence punishable under Section 379 of the Indian Penal Code, 1860 (in short the 'IPC') and was sentenced to undergo rigorous imprisonment

Hanuman Singh Vs. Union of India (Uoi)

Court : Rajasthan

Subject : Criminal

Acts : Central Reserve Police Force Act, 1949 - Sections 9, 10 and 16; ;Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989 - Sections 14; Central Reserve Police Force Rules, 1955 - Rule 27; Code of Criminal Procedure (CrPC) , 1973 - Sections 3, 4, 4(22), 5, 9, 9(3), 11, 16, 16(2), 26, 122(2), 122(4), 122(5), 194, 200, 200(1), 202, 313, 381, 397, 400 and 465; Indian Penal Code (IPC), 1860 - Sections 4, 41 and 42

Reported in : 1997CriLJ1054

or any other High Court. Reference in this behalf was made to Section 11 of the Code of Criminal Procedure, 1973 (the Cr.P.C. for short). On a combined reading of the relevant provisions of law I am unable … Court. Reference in this behalf was made to Section 11 of the Code of Criminal Procedure, 1973 (the Cr.P.C. for short). On a combined reading … exercise the powers of Sessions Judge under that section in respect to the proceeding contemplated by that section. Section 381 provides that an appeal to the court of Session can also be heard by an Additional Sessions Judge

Union of India (Uoi) Vs. Jasbhai and anr.

Court : Madhya Pradesh

Subject : ExciseCriminal

Acts : Central Excise Act, 1944 - Sections 9(1); Central Excise Rules, 1944 - Rule 151; Constitution of India - Article 21; Code of Criminal Procedure (CrPC) , 1973 - Sections 260, 377(2), 386 and 461; Indian Penal Code (IPC), 1860 - Sections 379, 380 and 381

Reported in : 1981(8)ELT902(MP)

aforesaid appeals against the respective impugned judgments of the trial Court under Section 377(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') against the sentences awarded on the ground of its inadequacy and … respective impugned judgments of the trial Court under Section 377(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') against the … imprisonment for life or imprisonment for a term exceeding two years;(ii) theft, under Section 379, Section 380 or Section 381 of the Indian Penal Code (45 of 1860), where the value of the property stolen does not exceed

Sesh Narayan Bajpai Vs. State of Madhya Pradesh

Court : Madhya Pradesh

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 6, 9, 9(5) 10(3), 194, 381, 400, 437, 437(3), 438 and 439; Indian Penal Code

Reported in : 1990CriLJ1486

Varma, J. 1. This petition raises a question of general importance as to scope of Section 10(3) of the Criminal Procedure Code, 1973 and the right and jurisdiction of Sessions Judge in a given Sessions Division to transfer applications to … general importance as to scope of Section 10(3) of the Criminal Procedure Code, 1973 and the right and jurisdiction of Sessions Judge in a given … those cases which have been transferred to them to be tried by the Court of Session. Similarly, under Section 381, the Additional Sessions Judges and Assistant Sessions Judges shall hear only those appeals as are made over to

K.Thavasimani. Vs. the State of Tamilnadu and ors.

Court : Chennai

Subject : Criminal

Acts : Code of Criminal Procedure(CrPC), 1973 - Section 482, 561-A; Indian Penal Code(IPC) - Sections 409, 420, 381; Constitution of India - Articles 21

the present petition under section 482 of the Code of Criminal Procedure, 1973 praying to quash the concerned First Information Report.2. The second respondent herein … Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to call for the records and quash the FIR in Crime No.400 of 2005 dated 15.10.2005 registered … Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to call for the records and quash the … either description for a term which may extend to seven years, and shall also be liable to fine."5. Section 381 deals with theft by clerk or servant of property in possession of master, wherein it is stated like

Surendra Kumar Vs. Vijayan

Court : Kerala

Subject : Criminal

Acts : Negotiable Instruments Act - Sections 138; Code of Criminal Procedure (CrPC) , 1973 - Sections 9, 9(3), 10, 177 to 185, 194, 381, 381(2), 397, 400, 406, 407, 407(1), 407(2), 407(3), 407(4), 407(5), 407(6), 407(7), 407(9), 408, 408(1), 408(2), 409, 409(1), 409(2), 410, 411 and 412; Code of Civil Procedure (CPC) , 1908 - Sections 24 and 24(3)

Reported in : 2005(4)KLT475

ORDERKurian Joseph, J.1. Whether a Sessions Judge has power under Section 408 of the Code of Criminal Procedure, 1973 to transfer a case after commencement of trial or a part heard appeal from … we see from Section 24 of the Civil Procedure Code. Thus, in view of the scheme provided under the Criminal Procedure Code conferring power on the Sessions Judge to transfer a case/appeal pending before the Additional Sessions Judge, the decision … as the High Court may, by special order, direct him to try.'Section 381 deals with appeals to the Court of Session which reads as follows