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Khemraj Vs. State of Madhya Pradesh

Court : Supreme Court of India

Subject : Criminal

Acts : Indian Penal Code (IPC) - Sections 182, 420, 465 and 471; Code of Criminal Procedure (CrPC) , 1973 - Sections 378, 417, 417(1), 417(2) and 484(1)

Reported in : AIR1976SC173; 1976CriLJ192; (1976)1SCC385; [1976]2SCR753; 1976(8)LC74(SC)

appeal to the High Court was not competent in view of the provisions of Section 417(2) of the Criminal Procedure Code.9. It is admitted that this case is governed by the old Criminal Procedure Code, 1898. We may, therefore, … Police Establishment. Further changes were introduced in the matter of appeals against acquittal under Section 378 of the CrPC, 1973, with which we are not concerned in this appeal in view of the repeal provisions under Section 484(1),

income-tax Officer Vs. Roshni Cold Storage (P.) Ltd. and ors.

Court : Chennai

Subject : Direct Taxation

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 417; Income Tax Act, 1961 - Sections 2, 2(35), 194A, 194A(4), 204, 276B and 278B; Taxation Laws (Amendment) Act, 1975

Reported in : [2000]245ITR322(Mad)

v. State of Kerala [1975] MLJ (Crl.) 239, wherein it has been held that 'in an appeal under Section 417 of the Code of Criminal Procedure, against an order of acquittal, the High Court has full power to … further consideration of the pleading of the accused during the questioning by the court under Section 315 of the Criminal Procedure Code, and further considering the facts, figures and circumstances of the case as projected by the prosecution and ultimately … 1961, and under Sections 120B, 420 and 511 of the Indian Penal Code in the case concerned with C. A. No. 524 of 1987 and … the Income-tax Act, 1961, for the financial years ended with December 31, 1973, to December 31, 1979 (in the case concerned with C. A. No.

State of Orissa Vs. Ram Chander Agarwala and ors.

Court : Supreme Court of India

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1898 - Sections 366, 366(2), 367, 368, 369, 395, 417, 424, 430, 439, 439(2), 439(6), 469(1), 484 and 561-A; Code of Criminal Procedure (CrPC) , 1973 - Sections 362 and 401

Reported in : AIR1979SC87; 1979CriLJ33; (1979)2SCC305; [1979]1SCR1114; 1979(11)LC172(SC)

439 (6), 469 (1), 484 and 561-A of Criminal Procedure Code, 1898 and Sections 362 and 401 of CrPC, 1973 - respondents found guilty in criminal cases filed against them under Section 20 (e) - District Magistrate inflicted … find any basis for the conclusion arrived at by the High Court. The notice, under Section 439(2) of the Criminal Procedure Code requires that no order, under Section 439, shall be made to the prejudice of the accused unless he … judgment passed by an appellate court upon appeal shall be final except in the cases provided for in Section 417 and Chapter XXXII'. The section deals with the finality of orders on appeal. An exception is made in

Ghurey Lal Vs. State of U.P.

Court : Supreme Court of India

Subject : Criminal

Acts : Indian Penal Code (IPC) - Sections 302, 307, 323 and 324; Code of Criminal Procedure (CrPC) , 1973 - Sections 313, 378, 379, 386, 417, 418 and 423; Code of Criminal Procedure (CrPC) , 1898

Reported in : 2008(2)ALD(Cri)605; 2008(56)BLJR2559; JT2008(10)SC324; 2008(10)SCALE616; (2008)10SCC450; 2008(2)LC991(SC); 2008AIRSCW6598; 2008(3)Crimes383; 2008(4)LH(SC)2817

above:1. The appellate court may review the evidence in appeals against acquittal under Sections 378 and 386 of the Criminal Procedure Code, 1973. Its power of reviewing evidence is wide and the appellate court can reappreciate the entire evidence on … settled that the High Court in appeal under Section 417 of the CrPC has full power to review at large the evidence on which the … acquittal by the trial court. The Court observed as under:It is well established that in an appeal under Section 417 Criminal P.C., the High Court has full power to review the evidence upon which the order of acquittal

Gadale Vasantha and Another Vs. Ms.Cybermate Infotek Limited and 3 ors

Court : Andhra Pradesh

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC), 1973 - sections 194, 394 (2), 377, 378, 378(4), 417, 431, 394, 302, 495, 302; Negotiable Instruments Act - 138(b), 138, 434; Companies Act - 434, 138, 106, 138(b),

the deceased first appellant on record is not maintainable. While considering similar provision under the old Code of Criminal Procedure, 1898 the Madras High held as follows :"This is an appeal under Section 417 Cr.P.C. under the terms … the petition is allowed.13) Crl.A.No.818 of 2006: In the result, the appeal is dismissed. Code of Criminal Procedure (CrPC), 1973 - sections 194 - Additional and Assistant Sessions Judges to try cases made over to them -- Abatement

State of Rajasthan Vs. Mohan Lal

Court : Supreme Court of India

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 372-394, 417, 418, 423 and 423(1); Code of Criminal Procedure (CrPC) , 1898 - Sections 417 ;Prevention of Corruption Act, 1988 - Sections 7, 13(1), 13(2) and 20; Delhi Special Police Establishment Act, 1946; Indian Penal Code (IPC) - Sections 302, 323 and 447

Reported in : 2009(237)ELT435(SC); JT2009(14)SC156; RLW2009(3)SC2755; 2009(6)SCALE240:2009AIRSCW3352:2009(3)LHSC1761

observed inter-alia as follows:This Court obviously did not and could not add a condition to Section 417 of the Criminal Procedure Code. The words were intended to convey the idea that an appellate court not only shall bear in mind … the Rajasthan High Court, Jodhpur dismissing the appeal filed in terms of Section 378(1) and (3) of the Code of Criminal Procedure, 1973 (in short the `Code'). The learned Special Judge (Prevention of Corruption Act) had directed

Nepal Singh Vs. State of Haryana

Court : Supreme Court of India

Subject : Criminal

Acts : Delhi Special Police Establishment Act, 1946; Indian Penal Code (IPC), 1860 - Sections 302, 304B, 323, 447 and 498A; Code of Criminal Procedure (CrPC) , 1973 - Sections 372-394, 417, 418, 423 and 423(1); Code of Criminal Procedure (CrPC) , 1898 - Sections 417

Reported in : 2009AIRSCW4648; AIR2009SC2913; 2009(57)BLJR2672; JT2009(7)SC172; RLW2010(1)SC1; 2009(6)SCALE555; (2009)12SCC351; 2009(7)LC3116(SC)

observed inter-alia as follows:This Court obviously did not and could not add a condition to Section 417 of the Criminal Procedure Code. The words were intended to convey the idea that an appellate court not only shall bear in mind … position first. Chapter XXIX (Sections 372-394) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') deals with appeals. Section 372 expressly … and Haryana High Court convicting the appellant for offences punishable under Sections 304B, 498A of the Indian Penal Code, 1860 (in short the `IPC'). He was sentenced to undergo rigorous imprisonment for seven years and to pay

Murugan and anr. Vs. State Rep. by Public Prosecutor, Madras, Tamil Na ...

Court : Supreme Court of India

Subject : Criminal

Acts : Delhi Special Police Establishment Act, 1946; Indian Penal Code (IPC), 1860 - Sections 109, 302, 307, 341 and 342; Code of Criminal Procedure (CrPC) , 1973 - Sections 313 and 372-394; Code of Criminal Procedure (CrPC) , 1898 - Sections 417, 418, 423 and 423(1)

Reported in : AIR2009SC72; RLW2009(1)SC544; 2008(13)SCALE117; 2008AIRSCW6948

observed inter-alia as follows:This Court obviously did not and could not add a condition to Section 417 of the Criminal Procedure Code. The words were intended to convey the idea that an appellate court not only shall bear in mind … position first. Chapter XXIX (Sections 372-394) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the present Code') deals with appeals. Section 372 … High Court empowered to determine both questions of law and fact against an order of acquittal u/s 378, CrPC - Appellate court not to disturb finding of acquittal by trial court if two reasonable conclusions possible on

Baldev Raj Vs. Chander Prakash and ors.

Court : Delhi

Subject : Criminal

Acts : Evidence Act, 1872 - Sections 113A; Indian Penal Code (IPC) - Sections 302B, 304B, 306 and 498A; Code of Criminal Procedure (CrPC) , 1973 - Sections 313, 397, 401, 401(3), 417, 439 and 439(4)

Reported in : 142(2007)DLT259; II(2007)DMC289; 2007(97)DRJ515

of revision of a High Court is that of D. Stephens (supra). With reference to Section 439 of the Criminal Procedure Code of 1898 (which is similar to Section 401 of the 1973 Code) the Supreme Court observed as under:10. … an order of acquittal. He submitted that under Section 401(3) of the Code of Criminal Procedure, 1973, it is clear that in exceptional circumstances, though … a private complainant against an order of acquittal, against which the Govt. has a right of appeal under Section 417. It could be exercised only in exceptional cases where the interests of public justice require interference for the

Johar and ors. Vs. Mangal Prasad and anr.

Court : Supreme Court of India

Subject : Criminal

Acts : Indian Penal Code (IPC) - Sections 34, 120B, 148, 149, 193, 196, 302 and 323; Code of Criminal Procedure (CrPC) , 1973 - Sections 378, 378(4), 397, 401, 401(3), 417, 421, 421(3), 423, 423(4), 439, 439(1) and 439(4); Constitution of India - Article 142

Reported in : AIR2008SC1165; 2008(2)ALD(Cri)105; 2008CriLJ1627; JT2008(2)SC112; 2008(2)SCALE122; (2008)3SCC423; 2008AIRSCW1106; 2008(1)Crimes375; (2008)2SCC(Cri)89; 2008(2)LH(SC)806

Acquittal - High Court - Revisional jurisdiction - Sections 397, 401 of the Code of Criminal Procedure, 1973 (CrPC, 1973) - Sections 34, 323 of the Indian Penal Code, 1860 (IPC, 1860) - Appellants were convicted for commission … the impugned judgment which is in the teeth of Sub-section (3) of Section 401 of the Code of Criminal Procedure, 1973. 6. Ms Vibha Datta Makhija, the learned Counsel appearing on behalf of the respondent-State, on the other … a private complainant against an order of acquittal, against which the Government has a right of appeal under Section 417. It could be exercised only in exceptional cases where the interests of public justice require interference for the