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Ramdas Srinivas Nayak Vs. Abdul Rehman Antulay and anr.

Court : Mumbai

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 397(2); Evidence Act, 1872 - Sections 145, 155 and 157

Reported in : 1993(1)BomCR185; (1993)95BOMLR75

of Haryana and another, wherein the Supreme Court observed as under:'A harmonious construction of section 397 and 482, Criminal Procedure Code, 1973, would lead to the irresistible conclusion that where a particular order is expressly barred under section 397(2) … order passed by the trial Court is purely interlocutory order within the meaning of section 397 of the Code of Criminal Procedure. As such no revision is maintainable challenging the said interlocutory order and if revision is

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,

K. Gopala and ors. Vs. State of Karnataka by Women Police Station, Shi ...

Court : Karnataka

Subject : Criminal

Acts : Indian Penal Code (IPC), (IPC) 1860 - Sections 498A, 304-B, 34; Code Of Criminal Procedure (CrPC), 1973 - Sections 397, 401; Dowry Prohibition Act, 1961 - Sections 3, 4

restored. [ANAND BYRAREDDY, J.] Indian Penal Code, (IPC) 1860 - Sections 498A, 304-B, 34; Code Of Criminal Procedure (CrPC), 1973 - Sections 397, 401; Dowry Prohibition Act, 1961 - Sections 3, 4 -- The Sessions Court in turn … (Prayer: This Criminal Revision petition is filed under Section 397 read with 401 Criminal Procedure Code, 1973, by the advocate for the petitioners praying that this Honble Court may be pleased to set aside

Premchand Pratapmal Surana Vs. the State of Maharashtra

Court : Mumbai

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 397(2) and 439(2); Indian Penal Code (IPC), 1860 - Sections 420, 468 and 477-A

Reported in : 1995(1)BomCR72

the police custody cannot be supported under section 439(2), Criminal Procedure Code, 1973 . Under section 439(2), a High Court or Court of Session has … revision petition before the Additional Sessions Judge was itself barred because of the specific provisions of section 397(2), Criminal Procedure Code, it being against an interlocutory order. It is further submitted that there is neither any evidence nor circumstances … 27th March, 1994 alleging offences punishable under sections 420, 468, 471 and 477A read with 34, Indian Penal Code against the applicant-accused. It is alleged that the accused is the proprietor of Vinod Enterprises, from whom the

Amar Nath and ors. Vs. State of Haryana and anr.

Court : Supreme Court of India

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 173, 338, 397, 397(1), 397(2), 423, 426, 427, 428, 429, 435, 439 and 482; Code of Civil Procedure (CPC) , - Sections 115

Reported in : AIR1977SC2185; 1977CriLJ1891; (1977)79PLR695; (1977)4SCC137; [1978]1SCR222

law. Criminal - interlocutory orders - Section 115 of CPC, 1908 - Sections 397, 423 and 482 of Criminal Procedure Code, 1973 - whether Order passed by High Court was an interlocutory Order not liable to be revised - … interpretation scope, ambit and connotation word 'interlocutory order' as appearing in Sub-section (2) of Section 397 of the CrPC 1973. For the purpose of brevity, we shall refer to the CrPC, 1898 as 'the 1898 Code', to the

Shaymrani Wd/O Wasudwo Prasad Gaur Vs. State of Maharashtra and ors.

Court : Mumbai

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 397, 397(3) and 482; Constitution of India - Article 227

Reported in : 1991(1)BomCR324; (1991)93BOMLR467

of India is maintainable at the instance of the party who has availed the remedy of revision under section 397 of the Criminal Procedure code We record the answer in the affirmative for the reasons that follow.2. Section … between two learned Single Judges of this Court upon the following question:Whether the application under section 482 of the Criminal Procedure code independently or read with Article 227 or independently under Article 227 of the constitution of India is maintainable … the following question:Whether the application under section 482 of the Criminal Procedure code independently or read with Article 227 or independently under Article 227 of … to interlocutory matters. Enunciation of law is as follows:'Section 482 of the 1973 Code contains the inherent powers of the Court and does not confer

Sudesh Kumar and ors. Vs. the State of Delhi

Court : Delhi

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 397, 397(2), 482 and 483; Indian Penal Code (IPC) - Sections 147, 149, 186, 332, 342, 353 and 506; Special Courts Act, 1979 - Sections 11(1)

Reported in : 2002VAD(Delhi)177; 98(2002)DLT516

S.K. Agarwal, J.1. This petition under Sections 482/483 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') is directedagainst the order dated 18th February, 2002 passed by Sh. … them in Amar Nath's case (supra) and held that the term 'interlocutory order' used in Section 397(2) of the Criminal Procedure Code has to be given a liberal meaning in favor of the accused in order to ensure complete fairness

Desh Deepak Sharma and ors. Vs. State of Delhi and ors.

Court : Delhi

Subject : BankingCriminal

Acts : Negotiable Instrument Act, 1881 - Sections 138; Government of India Act, 1935 - Sections 205(1); Indian Penal Code (IPC) - Sections 34, 120B, 406 and 420; Code of Criminal Procedure (CrPC) , 1973 - Sections 397(1), 397(2) and 482; Constitution of India - Article 134

Reported in : 147(2008)DLT293

Sharma and Anr. is pending within ten days from today. Banking -criminal- Interlocutory Order - Section 397(2) of Criminal Procedure Code, 1973, Section 138 of Negotiable Instruments Act, 1881 and Sections 34 and 420 of Indian Penal Code, 1860 … Rajendra Kumar Sitaram Pande v. Uttam : 1999CriLJ1620 supports the proposition that a revision petition under Section 397(2) CrPC would not be maintainable only if the order sought to be revised was a purely interlocutory one. Since

Madhu Limaye Vs. the State of Maharashtra

Court : Supreme Court of India

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 199(2), 199(4), 203, 204(4), 397, 397(1), 397(2), 398, 435 and 482; Indian Penal Code (IPC) - Sections 500; Code of Civil Procedure (CPC) - Sections 115 - Order 14, Rule 2

Reported in : AIR1978SC47; 1978CriLJ165; 1978MhLJ1(SC); (1977)4SCC551; [1978]1SCR749; 1977(9)LC733(SC); AIR 1977 SC 47

199 (2), 199 (4), 203, 204 (4), 397, 397 (1), 397 (2), 398, 435, 476 and 482 of Criminal Procedure Code, 1973, Section 500 of Indian Penal Code, 1860 and Section 115 Order 14 Rule 2 of CPC, 1908 … the Bombay High Court rejecting the application in revision filed by the appellant under Section 397(1) of the CrPC, 1973 hereinafter to be referred to as the 1973 Code or the new Code, on the ground that it

Alkesh Subodhchandra Shah Vs. State of Gujarat and anr.

Court : Gujarat

Subject : Direct Taxation

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 397; Income Tax Act, 1961 - Sections 3, 3(1), 3(3), 14, 44AA, 56, 56(1), 69A, 132, 139, 271(1), 276C and 277; Wealth Tax Act, 1957 - Sections 14, 35A and 35A(1); Code of Criminal Procedure (CrPC) , 1973 - Sections 397, 397(2) and 397(3)

Reported in : (1994)2GLR1481; [1995]212ITR255(Guj)

the respective petitioner-accused-assessee are hereby restored. Rule is made absolute accordingly. Criminal - revision - Section 397 of Criminal Procedure Code, 1973 and Section 276 C of Income Tax Act, 1961 - incase revision application under Section 397 made … said to be interlocutory orders, not amenable to revisional jurisdiction of this court under section 397(2) of the Code of Criminal Procedure, 1973 (3) Whether, on the facts and in the circumstances of the cases, the assessee-accused