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Bay Leathers Exports Pvt. Ltd. Vs. Saileela

Court : Chennai

Subject : BankingCriminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 389; Negotiable Instruments Act, 1881 - Sections 138

Reported in : 1998(1)ALT(Cri)523; [2001]103CompCas792(Mad); 1998CriLJ3719

question that arises for consideration in this revision petition is whether the appellate court under Section 389(1) of the Criminal Procedure Code, 1973, could suspend the sentence of fine, while admitting the appeal and if so, under what circumstances ?2. … for consideration in this revision petition is whether the appellate court under Section 389(1) of the Criminal Procedure Code, 1973, could suspend the sentence of fine, while admitting the appeal and if so, under what circumstances ?2.

Poonam Lata Vs. M.L. Wadhawan and ors. Overruled

Court : Supreme Court of India

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 389(4); Constitution of India - Articles 32 and 226; Conservation of Foreign Exchange and Prevention of Smugling Activities Act, 1974 - Sections 3(1), 9, 10 and 12

Reported in : AIR1987SC1383; [1988]63CompCas50(SC); 1987CriLJ1924; 1987(12)ECC346; 1987(30)ELT3(SC); JT1987(2)SC204; 1987(1)SCALE849; (1987)3SCC347; [1987]2SCR1123; 1987 Cri.LJ 1130

special provision contained in Sub-section (3) of Section 426 of the old CrPC, 1898 (corresponding to Section 389(4) of the Code of 1973) the power … out to the Government the desirability of inserting a provision like Sub-section (4) of Section 389 of the CrPC, 1973 that when an action is taken under Section 12 of the Act and the appropriate Government makes a … war on promise to return. Parole has become an integral part of the English and American systems of criminal justice intertwined with the evolution of changing attitudes of the society towards crime and criminals. As a consequence

Altaf Ahmed Vs. Minerals and Metals Trading Corporation

Court : Chennai

Subject : Company

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 389(1) and 397; Negotiable Instruments Act, 1881 - Sections 138

Reported in : [1997]89CompCas837(Mad)

conviction itself, in this case, the sentence of imprisonment and fine might be suspended.4. Certainly, section 397 of the Criminal Procedure Code, 1973, empowers the revisional court to suspend the execution of the sentence of the order challenged. If this … Rengasamy, J.1. This petition is filed under section 397(1) of the Code of Criminal Procedure, 1973, for the suspension of the conviction and fine imposed by the Principal Sessions Judge, … But I feel that it is not permissible under the Code. Section 389(1) of the Criminal Procedure Code, 1973, empowers the appellate court to suspend

Bharamu Subrao Patil Vs. Narsingrao Gurunath Patil

Court : Mumbai

Subject : Election

Acts : Representation of People Act, 1951 - Sections 8, 36(2), 53, 65, 67-A, 80A, 81(1), 82, 83(1), 86(1), 100(1) and 117; Code of Criminal Procedure (CrPC) , 1973 - Sections 304 and 389(1); Code of Civil Procedure (CPC), 1908 - Order 6, Rules 15 and 16; Bombay High Court (Original Side) Rules, 1980 - Rules 44 and 45; Indian Penal Code (IPC), 1860 - Sections 147, 148, 149, 324, 325, 504 and 506; Protection of Civil Rights Act, 1955 - Sections 7(1); Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Sections 3(1 and 10); Constitution of India - Article 102(1), 191 and 311(2); Companies Act, 1956 - Sections 267

Reported in : AIR2001Bom104; 2001(2)ALLMR429; 2001(2)BomCR126; (2001)1BOMLR545; 2001(2)MhLj348

case and observed that though section 389(1) of the Criminal Procedure Code, 1973 does not expressly speak of suspension of conviction, but in certain situations … was granted bail. Thereafter; the Respondent filed a Criminal Application No. 2201 of 1999 under section 389(1) of the Criminal Procedure Code seeking suspension of the conviction and sentence for reasons set out therein relying on the Judgment of the … 1999 be dismissed under section 86(1) of the Representation of Peoples Act, 1951 and/or Order VII of the Code of Civil Procedure, 1908 on the ground that the Petition discloses no cause of action. A few relevant

V. Sundararami Reddi Vs. State

Court : Andhra Pradesh

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 389, 389(1) and 482

Reported in : 1990CriLJ167

answered accordngly. 17. Order accordingly. Criminal - petition pending proceedings - Section 389, 389 (1) and 482 of Criminal Procedure Code, 1973 - Special Court convicted several public servants and contractors - appellant-accused preferred appeal before High Court under … matter to a Division Bench. That is how these matters are before us. 5. Section 389 of the Code of Criminal Procedure, 1973 (for short the 'Code') contained in Chapter XXIX, dealing with Appeals, is in the

Gomti Vs. Thakurdas and ors.

Court : Supreme Court of India

Subject : Criminal

Acts : Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act - Sections 3(2) and 3(5); Arms Act, 1954 - Sections 3(2), 3(5) and 25; Indian Penal Code (IPC), 1860 - Sections 120B, 147, 148, 149, 201, 302, and 323; Code of Criminal Procedure (CrPC) , 1973 - Sections 389

Reported in : 2007CriLJ2431; 2007(11)OLR(SC)131; 2007(5)SCALE655; 2007(1)LC647(SC)

- Suspension of sentence - Validity of - Sections 302 and 323 of Indian Penal Code, 1860 - Criminal Procedure Code (CrPC), 1973 - Section 389 - Appeal against High Court directing suspension of sentence and grant of bail in an

Vasant Tukaram Pawar Vs. State of Maharashtra

Court : Supreme Court of India

Subject : Criminal

Acts : Prevention of Corruption of Act, 1988 - Sections 13(1) and 13(2); Indian Penal Code (IPC), 1860 - Sections 120, 120B and 409; Code of Criminal Procedure (CrPC) , 1973 - Sections 389

Reported in : 2005CriLJ2531; [2005(3)JCR82(SC)]; JT2005(11)SC271; (2005)5SCC281

of disposal of the appeal by the end of 2005.9. The appeal is accordingly disposed of. Criminal - Criminal Procedure Code (CrPC), 1973 - Section 389 - Suspension of execution of sentence pending appeal and release of appellant on bail -

Kishori Lal Vs. Rupa and ors.

Court : Supreme Court of India

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 389; Indian Penal Code (IPC), 1908 - Sections 34 and 302

Reported in : 2004(2)ALD(Cri)999; [2005(1)JCR164(SC)]; JT2004(8)SC317; RLW2004(4)SC592; 2004(8)SCALE126; (2004)7SCC638

in its proper perspective. We express no opinion in that regard.10. The appeal is, accordingly, allowed. Criminal - Criminal Procedure Code (CrPC), 1973 - Section 389 - Order directing suspension of sentence and grant of bail - Validity of - Prosecution

State of Maharashtra Through Cbi, Anti Corruption Branch, Mumbai. Vs. ...

Court : Supreme Court of India

Subject : Criminal

Acts : Prevention of Corruption Act, 1988 - Sections 13(2), 13(1)(e); Code Of Criminal Procedure (CrPC) 1973 - Section 389(1), 482; Indian Penal Code (IPC) 1860 - Sections 392, 218, 466

Reported in : JT2012(10)SC446

FAKKIR MOHAMED IBRAHIM KALIFULLA, JJ.] Prevention of Corruption Act, 1988 - Sections 13(2), 13(1)(e); Code Of Criminal Procedure (CrPC) 1973 - Section 389(1), 482; Indian Penal Code (IPC) 1860 - Sections 392, 218, 466 -- The said application … notice.D) The respondent approached the High Court by filing an application under Section 389(1) of the Code of Criminal Procedure 1973, (hereinafter referred to as the ‘Cr.P.C.') requesting that during the pendency of his appeal against the said

ikram Inayat Lalan Vs. State of Gujarat.

Court : Gujarat

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) ,1973 - Section 389.

made absolute to the aforesaid extent. Direct Service is permitted. [MR.JUSTICE Z.K.SAIYED, J.] -- Code of Criminal Procedure (CrPC) ,1973 - Section 389. -- Rule. 2. Present application is filed by the applicant under Section 389 of the … behalf of the respondent-State.2. Present application is filed by the applicant under Section 389 of the Code of Criminal Procedure, 1973 to suspend the sentence imposed upon him vide order dated 03rd December 2010 passed by the learned