Advanced Search Results

Shri Shankar Prasad Ghosh (Dead) Vs. the State of Bihar and anr.

Court : Supreme Court of India

Subject : Criminal

Acts : Prevention of Corruption Act, 1947 - Sections 4(1), 5(1) and 5(2); Indian Penal Code (IPC), 1860 - Sections 34, 302, 409, 467, 471 and 477A; Code of Criminal Procedure (CrPC) , 1973 - Sections 394, 394(2), 411A(2) and 417; Constitution of India - Article 136; Code of Criminal Procedure (CrPC) - Sections 431

Reported in : 2008CriLJ3188; (2008)11SCC373; 2008AIRSCW4255; 2008(3)Crimes1; 2008(3)AICLR562; 2008(4)Supreme425; 2008(4)LH(SC)2262

After about 5 years applications have been filed purportedly in terms of Section 394(2) of the Code of Criminal Procedure, 1973 (in short the `Code') to bring on record the legal heirs of the deceased appellant for the … of offence punishable under Sections 409, 477A read with Section 34, 467 and 471 of the Indian Penal Code, 1860 (in short the `IPC'). It also found the accused guilty of offence punishable under Section 5(2) read

Dnyandev Pundlik Mali Vs. the State of Maharashtra

Court : Mumbai

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 394(2) and 397

Reported in : 1992(2)BomCR99

fine imposed upon him. Rule discharged accordingly.Rule discharged. Criminal - procedure - Sections 394 (2) and 397 of Criminal Procedure Code, 1973 - petitioner convicted under Section 304 and Section 3 read with Section 112 - sentenced accused to … question arises whether or not it was necessary to hear the matter on merits. 5. Section 394(1) of Code of Criminal procedure lays down that every appeal under section 377, or section 378 shall finally abate on

Girja Prasad (Dead) by Lrs. Vs. State of Madhya Pradesh

Court : Supreme Court of India

Subject : Criminal

Acts : Prevention of Corruption Act, 1947 - Sections 4, 4(1), 5(1) and 5(2); Prevention of Corruption (Amendment) Act, 1988 - Sections 21 and 31; Indian Penal Code (IPC) - Sections 161 and 165; Code of Criminal Procedure (CrPC) , 1973 - Sections 394(2); Code of Criminal Procedure (CrPC) , 1898

Reported in : AIR2007SC3106; JT2007(10)SC421; 2007(4)KLT99(SC); RLW2007(4)SC3311; 2007(10)SCALE358

Girja Prasad had filed an application under proviso to sub-section (2) of Section 394 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') to allow her to continue the appeal by seeking leave of … 40 of 1985 and convicted the appellant for an offence punishable under Section 161 of the Indian Penal Code ('IPC' for short) and Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act, 1947 (hereinafter

Chandrashekhar S/O Khushalrao Thamke Vs. the State of Maharashtra

Court : Mumbai

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 394(2)

Reported in : 1994(1)BomCR163

With these directions the application is partly allowed. Criminal - abatement of appeal - Section 394 (2) of Criminal Procedure Code, 1973 - appellant expired during pendency of appeal against conviction - appeal abated for said reason and substitution … by section 394(2) of Cr.P.C., appeal against conviction and sentence of imprisonment and fine under section 161, Penal Code and section 5(2) of Prevention of Corruption Act, 1947, after the death of the appellant during the pendency

P.R. Anjanappa and anr. Vs. Yurej Agencies Private Limited and ors.

Court : Karnataka

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 377, 378 and 394(2); Indian Penal Code (IPC), 1860 - Sections 66 to 70

Reported in : 2004CriLJ2565; ILR2004KAR1883

week.14. At the request of the learned Counsel for the petitioners, adjourned to 4.4.2003.15. Call on 4.4.2003 (A) CRIMINAL PROCEDURE CODE, 1973 (CENTRAL ACT NO. 2 OF 1974) - SECTION 394(2) - INDIAN PENAL CODE - SECTIONS 66,70- INTERPRETATION … hence as per the decisions referred above, would automatically gets abated.7. By looking into the provisions of the code as well as the sentencing pattern, the same can be divided into four groups. (1) where there is

Hari Singh and anr. Vs. State of Uttar Pradesh.

Court : Supreme Court of India

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 302, 34, 504, 506; Code Of Criminal procedure (CRPC), 1973 - Sections 394, 161.

appeal. It is, accordingly, dismissed. Indian Penal Code (IPC), 1860 - Sections 302, 34, 504, 506; Code Of Criminal procedure (CRPC), 1973 - Sections 394, 161. - Punishment for murder -- The accused Hari Singh of village Suthari … Mohar Singh has passed away. The appeal of Mohar Singh is, accordingly, disposed off as having abated under Section 394 of the Cr.P.C. We are, accordingly, called upon to examine only the appeal pertaining to Hari Singh.4. Mr.

Laxman Bapu Sonar Vs. State of Gujarat

Court : Gujarat

Subject : CriminalNarcotics

Acts : Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 8, 20, 22, 27, 35, 42, 43 and 50; Indian Penal Code (IPC) - Sections 114, 328, 379 and 394; Criminal Procedure , 1973 - Sections 219, 311, 313, 374(2), 465 and 465(2)

Reported in : 2004CriLJ2229; (2004)3GLR2129

394 of Indian Penal Code, 1860 and Sections 219, 311, 313, 374 (2), 465 and 465 (2) of Criminal Procedure Code, 1973 - appeal against conviction under Section 22 and Section 379 read with Section 114 - whether appeal … J.M. Panchal, J.1. Both the appeals filed under Section 374(2) of the Code of Criminal Procedure, 1973, are directed against common judgment dated March 16, 1999, rendered by the learned Additional

Karna Dasharath Mali and Others Vs. the State of Maharashtra

Court : Mumbai

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 34, 302, 394, 396, 397 and 451; Code of Criminal Procedure (CrPC) , 1973 - Sections 222(2), 313, 378(1) and 464(1)

Reported in : 1999(5)BomCR802; (1999)2BOMLR425; 2000CriLJ1288

Act do not vest him with the powers which are vested in Police Officer under the provisions of the Criminal Procedure Code. The powers given to him under the Village Police Act are limited in their nature and scope and … are not wanted in any other case.21. Appeal dismissed. [A] Indian Penal Code, 1860 - Section 396 - Dacoity with murder - Minimum requirement of … view is fortified by the provisions contained in section 464(1) Cr. P.C. 1973. The said section reads thus:'464. Effect of omission to frame, or absence … cannot be held guilty for the offence under section 396 I.P.C. We feel that instead an offence under section 394 I.P.C. would be made out against them.15-B. The numbers factor is often as crucial in law as in

Smt. Girija Vs. K. Vinay

Court : Karnataka

Subject : CriminalBanking

Acts : Negotiable Instrument Act, 1881 - Sections 138; Code of Criminal Procedure (CrPC) , 1973 - Sections 200, 256, 377, 378, 394, 397 and 401

Reported in : 2005(1)ALD(Cri)2; I(2004)BC345; ILR2003KAR3252

INSTRUMENT ACT, 1881 (CENTRAL ACT NO. 26 of 881)--AMENDMENT AND MISCELLANEOUS PROVISIONS ACT, 2002 (ACT NO. 55 of 2002)--CRIMINAL PROCEDURE CODE, 1973 (CENTRAL ACT NO. 2 OF 1974)--SECTIONS 397 AND 401--Complaint under Section 138 of the Negotiable Instruments Act … 138 of the Negotiable Instruments Act read with Section 200 of the Code of Criminal Procedure, came to be presented against the present revision petitioner … statutory provisions made under the Negotiable Instruments Act to cover the situation like this. Under the provisions of Section 394 Cr. P.C., it is seen that the said Section deals with the abatement of appeals filed under Section

Harnam Singh Vs. the State of Himachal Pradesh

Court : Supreme Court of India

Subject : Criminal

Acts : Constitution of India - Article 136; Code of Criminal Procedure (CrPC) , 1973 - Sections 258(2), 306(2), 309(2), 386(1), 394, 404, 411-A(2) and 417; Prevention of Corruption Act - Sections 5(1), 5(2) and 386(1); Indian Penal Code (IPC) - Sections 70, 161 and 302

Reported in : AIR1975SC236; (1975)3SCC343; [1975]2SCR823

amendment 'eminently sound' and recommended that the amendment be made with certain modifications. Accordingly Section 394 of the CrPC, 1973 has made a provision that 'where the appeal is against a conviction and sentence of death or of … opens with Section 404 which provides that no appeal shall lie from any judgment or order of a Criminal Court except as provided for by the Code or by any other law for the time being in … assisted us as an amicus curiae contends that Section 431 of the CrPC, 1898 which deals with Abatement of 'Appeals' has no application to appeals