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Smt. Subha Raj and anr. Vs. Sankar Sarkar and anr.

Court : Supreme Court of India

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 401, 402 and 482; Indian Penal Code (IPC), 1860 - Sections 120B, 323, 342, 382 and 386

Reported in : 2007CriLJ4293; JT2007(9)SC644; 2007(II)OLR(SC)674a; 2007(9)SCALE346

the Calcutta High Court allowing the application under Section 401 read with Section 402 of the Code of Criminal Procedure, 1973 (in short the 'Code'). 3. The main grievance in support of the petition is that the appellants … Judge of the Calcutta High Court allowing the application under Section 401 read with Section 402 of the Code of Criminal Procedure, 1973 (in short the 'Code'). 3. The main grievance in support of the petition is

Kokilabai W/O Ramchandra Mahajan Vs. Gangadhar S/O Shivaram Mahajan an ...

Court : Mumbai

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 397 and 402

Reported in : 1986(2)BomCR289

- revisional powers - Sections 397 and 402 of Criminal Procedure Code, 1973 - revisional powers of Sessions Court is co-extensive with that of High … the order of acquittal. I noticed that---(a) this plea has no foundation in any of the provisions of the Criminal Procedure Code. (b) In the instance case it would be conducive to convenience of all sides that the present revision … will be, to a large extent, application of work.7. In this connection reference can be fruitfully made to section 402 of the Code. That section contemplates situation where one of the accused in any proceedings, convicted by the … had not been institutes upon a 'complaint' within the meaning of the Code. This Court, therefore, allowed the present petitioner to convert the appeal into

Hanumant Dass Vs. Vinay Kumar and ors.

Court : Supreme Court of India

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 2(4), 24, 225, 377, 378, 385, 385(1), 385(2), 401, 401(1), 402(3), 406, 432, 432(7), 433 and 465; Indian Penal Code (IPC) - Sections 34 and 302

Reported in : AIR1982SC1052; 1982CriLJ977; 1982(1)SCALE310; (1982)2SCC177; [1982]3SCR595

the CrPC....' That was a case based on Section 401 of the old Criminal Procedure Code, but the CrPC, 1973 has put the matter completely beyond any controversy and reiterated the provisions of Section 402(3) in Sub-section (7) … by the appellant that there has been failure of justice, as will be evident from Section 465 of the Criminal Procedure Code which reads :465. Finding or sentence when reversible by reason of error, omission or irregularity-(1) Subject to the

Naib Singh S/O Makhan Singh Vs. State of Punjab and ors.

Court : Supreme Court of India

Subject : Criminal

Acts : Indian Penal Code (IPC) - Sections 24, 25, 53, 53-A(1), 53-A(2), 55, 58, 60, 146 and 302; Prisoners Act, 1900 - Sections 32; Code of Criminal Procedure (CrPC) , 1973 - Sections 368(2), 383, 384, 386, 402, 402(1), 418, 418(2), 419, 428 and 433; Andaman and Nicobar Manual, 1908 - Sections 1(2), 1(3), 17, 24, 25 and 146; Indian Penal Code (Amendment) Act, 1955 - Sections 53A

Reported in : AIR1983SC855; 1983CriLJ1345; 1983(1)SCALE425; (1983)2SCC454; [1983]2SCR770

canvas his submission he elaborately dealt with and took us through the various provisions of the Penal Code, Criminal Procedure Code and the Prisoners Act. On giving our careful and anxious consideration to the matter we have come to … Indian Penal Code. Prior to its amendment by Section 117 of the CrPC (Amendment) Act (26 of 1955) that section prescribed the punishment of 'Transportation' … entitled to the benefit of a set-off under Section 428 Cr. P.C. 1973 as interpreted by this Court in Kartar Singh's : 1982CriLJ1772 case), the … of time their cases were referred to State Government for passing an order under Section 55 I.P.C. or Section 402 Cr. P.C. 1898 which was within the discreation of the State Government. Reference in this behalf may be

Kesavan Sivan Pillai Vs. Sreedharan Rajamohan and ors.

Court : Kerala

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1974 - Sections 397, 397(1), 397(3), 399, 399(3), 401, 402, 407(1) and 482

Reported in : AIR1978Ker131; 1978CriLJ743

High Court in the same proceedings, lies in an appropriate resort to the provisions of Section 402 of the Criminal Procedure Code, which we have extracted earlier. Further under Section 407 (1) (c). there is a wide power of transfer … rulings referred to earlier took the view that the introduction of Section 399 in the new Criminal Procedure Code alters the practice settled for this Court in Narayanan v. Kannamma Bhargavi 1968 Ker. LT 495 : (AIR … respect to the provisions of Section 403 of the New Code of 1973 which had statutorily recognised that the party had no right to be

T. Kumar Babu Vs. Gireesh Sanghi and ors.

Court : Andhra Pradesh

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 121 to 126, 143, 144, 145, 147, 148, 161 to 165A, 272 to 278, 302, 303, 304, 406, 409, 420, 382, 392 to 399, 402, 409, 431 to 439, 449 and 450, 456 to 460 and 489A to 489E; Code of Criminal Procedure (CrPC) , 1973 - Sections 39, 156(3) and 357

Reported in : 2006(1)ALD(Cri)967; 2006CriLJ2839

fund and such other order or orders in the interest of justice.6. Section 39 of the Code of Criminal Procedure, 1973 (for brevity 'Cr. P.C.') deals with certain offences in which the public can give information and it … the offences punishable under Sections 409 and 420 of the Indian Penal Code, 1860 (for short 'IPC') against the respondents 1 to 3 herein. However, … hurt or restraint in order to the committing of the theft);(vii) Sections 392 - 399, both inclusive and Section 402 (that is to say, offences of robbery and dacoity);(viii) Section 409, (that is to say, offence relating to

Rabi Prakash Awasthi Vs. State of Orissa and ors.

Court : Orissa

Subject : Criminal

Acts : Representation of the People Act, 1951 - Sections 7; Representation of the People (Amendment) Act, 1955; Prisons Act, 1894 - Sections 59(5); Code of Criminal Procedure (CrPC) , 1973 - Sections 306, 428, 432, 432(1), 432(2), 433 and 433A; Indian Penal Code (IPC), 1860 - Sections 54, 55, 302, 304, 307 and 326; Code of Criminal Procedure (CrPC) , 1898 - Sections 401, 401(1), 401(2), 401(3), 401(4), 401(5), 401(6), 401(4A), 401(6), 402(1), 402(2), 402(3) and 402(7); Orissa Jail Manual Rules - Rules 518, 518(1), 518(2), 708, 708A and 709; Prison Rules; Bombay Furlough and Parole Rules, 1959; Constitution of India - Articles 20(1), 72 and 161

Reported in : 87(1999)CLT222; 1998CriLJ3268

parties in not accepting his prayer for premature release in terms of Section 433 of the Code of Criminal Procedure, 1973 (in short, the 'Code'). Petitioner was convicted for an offence punishable under Section 302 of Indian Penal … his prayer for premature release in terms of Section 433 of the Code of Criminal Procedure, 1973 (in short, the 'Code'). Petitioner was convicted for … 432 of the Code corresponds to and reproduces almost word for word Section 401 and Sub-section (3) of Section 402 of the 1898 Code. Sub-sections (1) to (4) reproduces word for word Sub-sections (1) to (4) of Section

Ramakrishna, Mandya Vs. the Secretary, Home Dept. Bangalore and Others

Court : Karnataka

Subject : Land Acquisition

Acts : Constitution Of India - Articles 226, 227, 72, 161, 142(1), 145, 367(1), 74, 20(1), 72/161, 21, 74(1), 14; Indian Penal Code (IPC) - Sections 448, 302, 143, 144, 148, 301, 57; Code of Criminal Procedure (CrPC) 1973 - Sections 235(1), 401(5), 402, 432, 433, 433A, 435, 401, 432(3); uttar pradesh Prisoners’ Release on Probation Act, 1938; General Clause Act, 1897 - Sections 3(8)(b), 3(60)(b), 14, 21

released the convicted person before the expiry of 14 years contrary to Section 433.A of the Code of Criminal Procedure, 1973, which is patently illegal, arbitrary, without jurisdiction and therefore is liable to be set aside.7. Per contra, … highlighted that similar provisions are specifically provided in Sections 432 and 433 CrPC. Merely because Article 72 and Article 161 of the Constitution have not … whole or any part of the punishment without conditions or upon any conditions which the person sentenced accepts. Section 402 gives power to the executive without the consent of the person sentenced to commute a sentence of death

incable Net (Andhra) Limited and ors. Vs. Apaksh Broadband Ltd. and or ...

Court : Andhra Pradesh

Subject : Company

Acts : Companies Act, 1956 - Sections 10(1), 10E, 10E(4C), 10E(4D), 10E(5), 10E(6), 10F, 46, 235 to 250, 254, 291, 293, 397, 398, 402 and 403; Companies (Amendment) Act, 1988; Code of Civil Procedure (CPC) , 1908 - Order 29, Rule 1; Code of Criminal Procedure (CrPC) , 1973 - Sections 195; Indian Penal Code (IPC), 1860 - Sections 193 and 228; Company Law Board Regulations, 1991

Reported in : [2008]142CompCas892(AP)

shall be deemed to be a civil court for the purpose of Section 195 of the Code of Criminal Procedure, 1973 (CrPC) and all proceedings taken before them shall be deemed to be judicial proceedings within the meaning … to be detrimental and jeopardize the interest of the minority shareholders. The Company Law Board has power under Section 402(e) of the Act to terminate or modify the agreement between company and any person. The failure to exercise

Sudesh Poddar Vs. State of West Bengal and anr.

Court : Kolkata

Subject : Criminal

Acts : Kolkata Municipal Corporation Act - Sections 400, 401, 401A, 401A(1), 401A(2), 402, 589, 619, 619A, 619A(1), 619A(2), 619A(3) and 620; ;Electricity Act, 2003 - Section 151; ;Code of Criminal Procedure (CrPC) , 1973 - Sections 401 and 482

Reported in : 2007(3)CHN760

K.M.C. Act the provisions of the Code of Criminal Procedure, 1973 shall apply to offence Section 401 or Section 402 along with other sections. In Sub-section (3) of Section 619A it has been laid down that except as … that the offence under Sub-section (1) shall be cognizable and non-bailable, within the meaning of the Code of Criminal Procedure, 1973. It is thus clear that the alleged offence Section 401A of the K.M.C. Act is a cognizable … Sub-section (1) shall be cognizable and non-bailable, within the meaning of the Code of Criminal Procedure, 1973. It is thus clear that the alleged offence