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Gurbachan Singh Bhawnani Vs. the State and Another
Delhi
Sep-11-2001
Criminal
Constitution of India - Article 227; Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 320, 320(9) and 482; Indian Electricity Act - Sections 39 and 44; Indian Penal Code (IPC), 1860 - Sections 379; Cattle Trespass Act, 1871 - Sections 20; Negotiable Instruments Act - Sections 138
2002(61)DRJ63
227 of the Constitution of India, read with Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') have raised a common question … orders of the Hon'ble Chief Justice, list these petitions before appropriate Bench on 14th September 2001 for directions. Criminal Procedure Code, 1973 - Section 482--Quashing of FIR--Theft of electricity--Petitioner found extracting electricity from main lines of DVB for commercial … the tariff. This is issued with the approval of General Manager.' 9. 'Theft of energy' is defined in Section 39 of the E.E. Act as under:- '39. Theft of energy. --whoever dishonestly abstracts, consumes or uses any energy
Tag this Judgment! AI Brief & AskGurcharan Singh Bhawnani Vs. State and anr.
Delhi
Oct-12-2001
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 320, 320(9), 321, 357 and 482; Indian Electricity Act, 1910 - Sections 39 and 44; Indian Penal Code (IPC), 1860 - Sections 379; Constitution of India - Articles 142 and 226; Code of Criminal Procedure (CrPC) , 1898 - Sections 561A
2002CriLJ744; 94(2001)DLT813; 2003(67)DRJ191
-- in effect permitted compounding of offences which are non-compoundable by exercising power under Section 482 of the Code of Criminal Procedure, 1973 (in short, the Code,) reference has been made to the Larger Bench, as the … Code under which the heirs of the deceased filed the application for compensation corresponds to Section 561A of the Criminal Procedure Code, 1898. It saves the inherent powers of the High Court to make such orders as may be necessary … that proceedings were initiated for alleged commission of offences punishable under Sections 39/44 of the Indian Electricity Act, 1910 (in short the Act) read with
Tag this Judgment! AI Brief & AskShri Rajendra Baburao Gholap, Shri Chhatrapati Sahakari Sakhar Karkhan ...
Mumbai
Oct-17-1996
Labour and Industrial
Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 - Sections 39, 40, 48; Code of Criminal Procedure (CrPC) , 1973 - Sections 200
1998(1)BomCR600; [1997(75)FLR331]
of Criminal Procedure, 1898 (Corresponding provision of the Code of Criminal Procedure, 1973) and the rest of the provisions of the Code of Criminal Procedure … offence is one prescribed in a labour statute, it would be incorrect to brush away the requirements of Criminal Procedure Code which have been incorporated as safeguards under the Act. 7. Both the courts below erroneously over-ruled the objection … this Act, a Labour Court shall have all the powers under the Code of Criminal Procedure, 1898. (V of 1898), of a Presidency Magistrate in … invested with certain criminal jurisdiction. Section 38 empowers the Labour Court to try offences punishable under this Act. Section 39 provides as under : 'No Labour Court shall take cognizance of any offence except on a complaint of
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Dineshbhai Dhemenrai Vs. State of Gujarat
Gujarat
Jul-31-2000
CriminalNarcotics
Constitution of India - Articles 14, 19, 20(1), 20(3), 21, 21(2), 22, 22(1), 22A, 31, 32, 39A, 51-A, 71(1), 132(1), 134(1), 136(1) and 226; Code of Criminal Procedure (CrPC) , 1973 - Sections 20, 39-A, 41, 49, 50, 54, 55, 56, 57, 75, 76, 93, 94, 97, 100(4) to (8), 151, 162, 165, 167, 173(7), 191, 207, 208, 218, 228(2), 235(2), 238, 240(2), 243, 248(2), 273, 303, 304, 304(1) and (2), 309, 313, 314, 317, 327, 340, 351, 360, 363, 374, 379, 380, 386, 400, 436, 437, 439 and 479; Indian Penal Code (IPC), 1860 - Sections 303, 304 and 395; Legal Services Authorities Act, 1987 - Sections 12; Narcotics Drugs and Psychotropic Substances Act, 1985 - Sections 20; Poor Persons Defence Act, 1930; Legal Aid and Advice Act; Evidence Act, 1872 - Sections 101-104, 121 to 131, 138, 148, 149 and 165; Probatio
(2001)1GLR603
heart and main theme of this Conviction Appeal, on hand.2. In this appeal under Section 374 of the Code of Criminal Procedure, 1973, the appellant-original-accused has assailed the legality and validity of thejudgment and sentence order recorded … well in the Legal Services Authorities Act, 1987, over and above the provisions made in Section 304 of the Criminal Procedure Code, 1973.41. It would be fruitful to mention the steps suggested in England to assist the unaided and unrepresented … on merits, in absence of accused-appellant's Counsel and upholding conviction under Section 395 and sentence of 10 years of rigourous imprisonment, came to be quashed.
Tag this Judgment! AI Brief & AskState of M.P. and ors. Vs. Madhukar Rao
Supreme Court of India
Jan-09-2008
Environment
Wild Life (Protection) Act, 1972 - Sections 39, 39(1), 42, 43, 44, 49, 50, 50(1), 50(2), 50(3A), 50(4), 51, 51(4), 53 and 54; Code of Criminal Procedure (CrPC) , 1973 - Sections 360 and 451; Wild Life (Protection) (Amendment) Act, 1991; Karnataka Forest Act, 1963; Delhi Special Police Establishment Act; Probation of Offenders Act, 1958
2008(2)ALD63(SC); [2008(2)JCR86(SC)]; JT2008(1)SC364; 2008(2)KLT105(SC); 2008(1)SCALE231; 2008AIRSCW787; 2008(2)ICC175
to direct its release during the pendency of trial in exercise of powers under Section 451 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code'). On behalf of the appellant, the State of … the Section 50(1)(c) of the Act by directing the release of vehicle during pendency under Section 451 of the Criminal Procedure Code - Appellant contended that amendment to Section 50 and 39(1)(d) made interim release of vehicle impossible - Held,
Tag this Judgment! AI Brief & AskThe State of Gujarat Vs. Chaturbhuj Maganlal
Supreme Court of India
Apr-07-1976
Criminal
Code of Criminal Procedure (CrPC) 1973 - Sections 32; Code of Criminal Procedure (CrPC) 1898 - Sections 39 and 39(1)
AIR1976SC1697; 1976CriLJ1367; (1976)0GLR828; (1976)3SCC54; [1976]3SCR1076
utmost expedition, if possible, within three months from today. Criminal - suppression - Sections 32 and 39 of Criminal Procedure Code, 1973 and Sections 2 (c) of Suppression of Immoral Traffic in Women and Girls Act, 1956 - issue … the CrPC.23. Be that as it may, Section 39 of the CrPC, 1898 and Section 32 of the CrPC, 1973, are concerned with the mode of conferring power. Power may be conferred on any person either 'by name
Tag this Judgment! AI Brief & AskT. Suthendraraja and Another Vs. State of Tamil Nadu and Others
Chennai
Aug-09-1994
Criminal
Constitution of India - Articles 21, 22, 22(1), 39, 39A, 227 and 227(3); Code of Criminal Procedure (CrPC) , 1973 - Sections 303, 304 and 304(2); Tada - Sections 15
1995CriLJ1496
by sub-section (2) of Section 304 of the Code of Criminal Procedure, 1973, the High Court, with the previous approval of the Government of Tamil … already prescribed under Rule 9 of the Legal Aid to Poor Accused Rules 1976 read with Section 304(2) Criminal Procedure Code and hence the fee fixed by Government to appear on behalf of Government depending upon the nature, importance … under Rule 9 of the Legal Aid to Poor Accused Rules 1976 read with Section 304(2) Criminal Procedure Code and hence the fee fixed by Government to appear on behalf of Government depending upon the nature, importance … to his credit 49 years of experience. Mr. A. T. Dante is 39 years old at the Bar, while Mr. V. Gopinathan has completed 40
Tag this Judgment! AI Brief & AskSheikh Tausif Vs. State of Madhya Pradesh and anr.
Madhya Pradesh
Sep-20-2001
Criminal
Indian Forest Act, 1927 - Sections 2, 26, 52 and 52-C; Indian Forest Madhya Pradesh (Amended) Act, 1983; Wild Life (Protection) Act, 1972 - Sections 2, 2(36), 2(37), 9, 11, 26, 27, 29, 29(1), 35(1), 35(6), 39, 39(1), 43(3), 46(A), 51, 52, 52-A, 52-B, 52-C, 52(4) and 52(5); Code of Criminal Procedure (CrPC) , 1974 - Sections 457 and 482; Elephants' Preservation Act, 1879; Code of Criminal Procedure (CrPC) , 1973 - Sections 50(4) and 451
2002CriLJ1562; 2002(1)MPHT61; 2002(1)MPLJ263
trial in accordance with Section 50(4) read with Section 451 of the Code of Criminal Procedure, 1973. It has, further been held that mere seizure … Judicial Magistrate, Saunsar.13. Misc. Criminal Case allowed. Criminal - Seizure - Vehicle - Sections 457 and 482 of Criminal Procedure Code, 1973(Cr.P.C.), Sections 26 and 52 of Indian Forest Act and Sections 2, 9, 27, 29, 35(6), 43(3), 46(A), … to have been committed under Sections 29,35(6) and 51 of the Wild Life (Protection) Act, the provisions of Section 39 of the said Act of 1972 attract and therefore it can be construedthat the said jeep was seized
Tag this Judgment! AI Brief & AskState of U.P. and anr. Vs. Lalloo Singh
Supreme Court of India
Jul-20-2007
Criminal
Wild Life (Protection) Act, 1972 - Sections 18, 39, 39(1), 50, 50(1), 50(2), 50(3) and 50(4); Code of Criminal Procedure (CrPC) , 1973 - Sections 451 and 457
2007(9)SCALE291; 2007(7)SCC334; (2007)3SCC(Cri)353; (2007)3Crimes224(SC); 2007LawHerald(SC)2328
'Act'). Connected issues relate to the scope for exercise of jurisdiction under Section 457 of the Code of Criminal Procedure, 1973 (in short the 'Code').2. Background facts in a nutshell are as follows:One Hoshiyar Singh, the brother of … to the scope for exercise of jurisdiction under Section 457 of the Code of Criminal Procedure, 1973 (in short the 'Code').2. Background facts in a … moment there is seizure of the seized property it becomes the property of the Government in terms of Section 39 of the Act. Section 457 of the Code has no application because it relates to only when a
Tag this Judgment! AI Brief & AskM/S. Deepak Corporation Vs. Pushpa Prahlad Nanderjog
Mumbai
Mar-04-1994
Commercial
Bombay Stamp Act, 1958 - Sections 31, 32-A, 33, 34, 36, 37, 39 and 41; Stamp Act, 1899 - Sections 33, 35 and 58; Code of Civil Procedure (CPC), 1908 - Order 21, Rule 2; Code of Criminal Procedure (CrPC) , 1973
AIR1994Bom337; 1995(1)BomCR452; 1995(1)MhLj489
35 and 58 of Stamp Act, 1899, Order 21 Rule 2 of Code of Civil Procedure, 1908 and Criminal Procedure Code, 1973 - applicant filed for modification of undertaking given by petitioner - same impounded and Registrar directed to … proceeding under Chapter IX of Part D of Chapter X of the Code of Criminal Procedure 1973, makes any order admitting any instrumental evidence as … instrument and endorsing thereon a certificate with reference to the instrument under clause (a) of sub-section (1) of Section 39 or under sub-section (1) pf Section 41, as the case may be. On receipt of the authentic copy,
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