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Adam Sayed Master Vs. the State of Maharashtra
Mumbai
Aug-19-1998
Criminal
Indian Penal Code (IPC), 1860 - Sections 302, 392, 393, 394 and 397; Criminal Procedure (CrPC), 1973 - Sections 482
1998(4)ALLMR738; 1999(5)BomCR65; 1999BomCR(Cri)65
been convicted for the offence under Section 397 IPC. His case would not fall within guideline 5(a). ;(B) Criminal Procedure Code, 1973 - Section 482 - Inherent powers of High Court - No appeal against conviction - High Court … appeal. Section 482 Cr.P.C. reads thus : '482. Saving of inherent powers of High Court.- Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders … Court that the petitioner was charged on five counts viz. under sections 393, 394, 392, 397 and 302 I.P.C. 6. We also find that the
Tag this Judgment! AI Brief & AskJagdeo Das Vs. State of Bihar
Patna
Oct-07-1994
CriminalNarcotics
reviewed and altered in any way in view of the provisions of Section 362 and 393 of the Code of Criminal Procedure. In support of their submission in this regard they cited before us two decisions reported … of that Code, the corresponding provisions in the Code of Criminal Procedure, 1973, are the same and so the ratio decidendi of the case will … Chandha. As regards the first decision they pointed out that though the facts were governed by the told Criminal Procedure Code, 1898 and there was reference to the provision of Sections 369, 424, 430 and 561A of that Code,
Tag this Judgment! AI Brief & AskDr. Mrs. Vijaya Manohar Arbat Vs. Kashirao Rajaram Sawai and Another
Mumbai
Oct-11-1985
Criminal
Indian Penal Code (IPC), 1860 - Sections 8 and 11; Code of Criminal Procedure (CrPC) , 1973 - Sections 2 and 125
1986(1)BomCR146; (1986)88BOMLR62; 1986MhLJ164
obligation, then he is not entitled to claim any maintenance even from his son under S. 125 of the Criminal Procedure Code. While negativing this contention, the Division Bench of this Court had an occasion to consider the true scope … their married daughter. According to him, cl. (d) in S. 125(1) was added by an amendment to the Code in the year 1973. Such a provision was not made in the old Cr.P.C. viz. section 488. Unless … Pradesh High Court in Repalli Masthanamma v. Thota Sriramulu (1982) 1 AWR 393 and the decision of the Kerala High Court in M. Areefa Beevi
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Thirumali Kumar Vs. State
Kerala
Feb-03-2010
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 44, 70, 72, 73, 74, 77, 78, 78(1), 79, 82, 82(1), 82(4), 83, 87, 174A, 190 and 439; ;Indian Penal Code (IPC), 1860 - Sections 34, 302, 304, 364, 367, 380, 382, 392, 393, 394, 395, 396, 397, 398, 399, 400, 402, 436, 449, 454, 460, 461; ;Code of Criminal Procedure (CrPC) (Amendment), 2005; ;Indian Penal Code (Amendment) Act, 2005; ;Code of Criminal Procedure (CrPC) , 1898 - Section 83(1)
2010(1)KLT579
under Sub-section (1) of Section 82 of the Code of Criminal Procedure, 1973 shall be punished with imprisonment for a term which may extend to … the Judicial Magistrate of the First Class I, Ernakulam, seeks bail under Section 439 of the Code of Criminal Procedure, respectively in B.A. Nos. 7819 of 2009, 7837 of 2009 and 7818 of 2009.2. The crimes were registered … Court of the Judicial Magistrate of the First Class I, Ernakulam, seeks bail under Section 439 of the Code of Criminal Procedure, respectively in B.A. Nos. 7819 of 2009, 7837 of 2009 and 7818 of 2009.2. The … of an offence punishable under Section 302, 304, 364, 367, 382, 392, 393, 394, 395, 396, 397, 398, 399, 400, 402, 436, 449, 459 or
Tag this Judgment! AI Brief & AskNavnitdas Girdharlal Ramaya Vs. Kundalikarao Khanderao Shinde
Mumbai
Feb-22-1979
Criminal
(1981)83BOMLR215; 1979MhLJ381
Bapurao. Rule absolute as against respondent No. 1 Kundalikrao Khanderao Shinde and respondent No. 3 Champalal Lalchand Mugdiya. Criminal Procedure Code (II of 1974), Section 321--Withdrawal from prosecution--Locus of private complainant to challenge the same--Principles governing withdrawal--Duty of public … against the other accused Viz., Kundalik Shinde, Sahebrao Bapurao and Champalal Lalchand for offences under the Indian Penal Code viz., Section 409 - criminal breach of trust; Section 420 - cheating and dishonestly inducing delivery of property; … transported by trucks to their destination at the respective districts. In July 1973, the Collector of Parbhani deputed one Abdul Aziz (Naib Tahsildar) along with … High Court in Satvaarao Nagarao Hatkar v. Kanbarao Bhagorao Hatkar [1939] Nag. 393, laying down thus:It is competent for a private person to apply in
Tag this Judgment! AI Brief & AskState of U.P. and anr. Vs. R.S. Gupta, H.J.S., Special Judge (D.A.A.)
Allahabad
Aug-03-2002
Constitution
Uttar Pradesh Government Servants Conduct Rules, 1956 - Rules 3 and 19; Intermediate Education Act, 1921 - Sections 22; Constitution of India - Articles 14 and 226; Code of Criminal Procedure (CrPC) , 1973 - Sections 190, 190(1), 195, 195(1) 340 and 350; Indian Penal Code (IPC), 1860 - Sections 166, 167, 175, 176, 216A, 302, 303, 304, 307, 308, 325, 326, 327, 329, 331, 333, 363, 364, 365, 368, 369, 386, 387, 392, 393, 394, 395, 396, 397, 398, 399, 400, 402 and 511; Uttar Pradesh Dacoity Affected Areas Act, 1983 - Sections 2, 3, 5 and 19
(2003)1UPLBEC312
to summon the Answer Book of his son.. He had no inherent powers also since the Code of Criminal Procedure does not vest in him such a power. His directions, thus, were absolutely without jurisdiction and they are … in the Explanation to Section 9 of the Code of Criminal Procedure, 1973.'14.1. A bare perusal of the aforementioned Section 5 and the Notification aforementioned … the Educational Authorities of the State after holding an Enquiry of committal of alleged offences under Indian Penal Code, Section 340 Cr PC and even guilty of committal of Contempt of Court Act and decided to make … 327, 329, 331, 333, 363, 364, 365, 368, 369, 386, 387, 392, 393, 394, 395, 396, 397, 398, 399, 400, 402 and 511 of the
Tag this Judgment! AI Brief & AskNarendra Narottamdas Kapadia Vs. Central Bureau of Investigation and a ...
Mumbai
Apr-01-1981
Criminal
Indian Penal Code (IPC), 1860 - Sections 120B; Official Secrets Act, 1923 - Sections 5(2); Code of Criminal Procedure (CrPC) , 1973 - Sections 154, 438, 437(1) and 438(1); Evidence Act, 1872 - Sections 24, 25, 27 and 123; Constitution of India - Article 20(3)
1982(1)BomCR148; (1981)83BOMLR362
for anticipatory bail under section 438 of the Code of Criminal Procedure, 1973, on 30th March, 1981. Considering the urgency of the matter and taking … may be stated that the application filed by the petitioner is an independent application under section 438 of the Criminal Procedure Code and not a revision petitions filed against the order of the learned Additional Sessions Judge rejecting the application.10. … he would be arrested on an accusation for having committed offences under section 120-B of the Indian Penal Code and under section 5(2) of the Official Secrets Act, 1923, and in respect of which offences the Delhi … of Nand Lal More v. The State, 1965 (1) C L J 393. In that case the appellant was prosecuted for the offence under section
Tag this Judgment! AI Brief & AskAmmanamma and ors. Vs. State of Karnataka
Karnataka
Jan-31-2005
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 377(3)
2005CriLJ2341; ILR2005KAR1029; 2005(2)KarLJ279
the opinion, the matter be referred back to the Division Bench hearing the appeals filed by the accused. CRIMINAL PROCEDURE CODE, 1973 - SECTION 377 (3) - APPEAL BY THE STATE GOVERNMENT AGAINST SENTENCE UNDER - HELD- When an … the Division Bench hearing the appeals filed by the accused. CRIMINAL PROCEDURE CODE, 1973 - SECTION 377 (3) - APPEAL BY THE STATE GOVERNMENT AGAINST … behalf of the same appellant has not been considered by it, that Court may, notwithstanding anything contained in Section 393, if satisfied that it is necessary in the interests of justice so to do, hear and dispose of
Tag this Judgment! AI Brief & AskE. Satheesh Kumar Vs. Malabar Devaswam Board and Others
Kerala
Oct-24-2011
Land Acquisition
be liable to be cancelled. The Bail Application is allowed as above. Constitution of India - Article 227, Criminal Procedure Code 1973 - Sections 437, 437(3), 439, 441 and 482, Indian Penal Code - Sections 34, 143, 147 to … 1. This is an application for bail under S.439 of the Code of Criminal Procedure, filed by accused Nos.1 to 7 in Crime No. 490 of 2011 of Chevayoor Police … 34, 143, 147 to 149, 307, 326, 332, 333, 363, 380, 392, 393, 406, 425 to 440, 457, 498-A and 506(i), Prevention of Damage to … do not include a condition for deposit of any amount. 20. Sub Section (3) of S.437 reads as follows: "(3) When a person accused or
Tag this Judgment! AI Brief & AskSanjay Alias Ravindra N. Gaikwad and Another Vs. State of Maharashtra
Mumbai
Mar-11-1996
Criminal
Indian PenaL Code, 1860 - Sections 34, 393 and 397; Code of Criminal Procedure (CrPC) , 1973 - Sections 423
1996(3)BomCR579; 1996CriLJ2172
to commit robbery - Sections 34, 393 and 397 of Indian Penal Code - appellants charged under Section 393 - they were caught red handed … to commit robbery - Sections 34, 393 and 397 of Indian Penal Code - appellants charged under Section 393 - they were caught red handed … months. In our view, this appellant No. 2 is aged about 18 years of age. There are no criminal antecedents against him. There is nothing to show that he was a previous convict. In these circumstances, we … learned APP for the State-respondent. 2. Both the appellants were prosecuted by the police for an offence under Section 393, r/w 34 and 397 r/w 393, I.P.C.The prosecution case in brief is that on 11-10-1988, complainant Gulzar Ahmed
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