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State of Orissa Vs. Ram Chander Agarwala and ors.
Supreme Court of India
Oct-05-1978
Criminal
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
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 … only to judgments of the trial court and cannot be made applicable to appellate judgments. We referred to Section 424 which provides that, the rules, contained in Chapter XXVI as to the judgment of criminal court of original
Tag this Judgment! AI Brief & AskJ.G. Sinkar and ors. Vs. State of Maharashtra and ors.
Mumbai
Aug-14-1980
Civil
Constitution of India - Articles 137, 145 and 226; Code of Civil Procedure (CPC), 1908 - Sections 141 - Order 47; Saurashtra Land Reforms Act, 1951; Code of Criminal Procedure (CrPC) , 1898 - Sections 369 and 424; Code of Criminal Procedure (CrPC) , 1973; Foreign Exchange Regulation Act, 1947 - Sections 23-C(1) and 23-C(2)
AIR1981Bom184; 1981MhLJ18
the Supreme Court held that the controlling provisions are only those contained in Sections 369 and 424 of the Criminal Procedure Code of 1898. This section expressly takes away the right of any criminal Court either to alter or review … same position has been reiterated in the amended Code of Criminal Procedure, 1973 (Act II of 1974). We do not think that this judgment can … the nature of the proceeding before the Court? Is it civil, criminal or something entirely different Whether the Code of Civil Procedure applies to the proceeding before this Court? It appears that Section 141 of the Code
Tag this Judgment! AI Brief & AskDilip S. Dahanukar Vs. Kotak Mahindra Co. Ltd. and anr.
Supreme Court of India
Apr-10-2007
Criminal
Negotiable Instruments Act, 1881 - Sections 138, 138(1) and 141; Companies Act, 1956; Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002 - Sections 17 and 17(4); Code of Criminal Procedure (CrPC) , 1973 - Sections 357, 357(1), 357(2), 357(3), 357(5), 374, 387, 389, 410, 418, 421, 424, 431, 437, 437(3), 439(2) and 545; Prevention of Terrorism Activities Act - Sections 34(1) and 34(4); Indian Penal Code (IPC) - Sections 302 and 304; Code of Civil Procedure (CPC) - Sections 51; Constitution of India - Articles 11, 14, 19, 19(1), 19(5) and 21
[2007]137CompCas1(SC); 2007CriLJ2417; (2008)1GLR307; JT2007(6)SC204; 2008(1)MhLj22; 2007(11)OLR(SC)263; 2007(5)SCALE452; (2007)6SCC528
Leave granted.2. Interpretation of Section 357 of the Code of Criminal Procedure, 1973 ('the Code', for short) vis--vis the provisions of the Negotiable Instruments Act … held:The right to prefer an appeal from sentence of Court of Sessions is conferred by Section 410 of the Criminal Procedure Code. The right to appeal is one both on a matter of fact and a matter of law. It … of the Code deals with the mode and manner in which the fine levied is to be recovered. Section 424 deals with the steps required to be taken by the Court where the amount of fine has not … not considering for awarding any compensation to Gurmeet Kaur under Section 357(3) CrPC but the amount of fine imposed, can in any case be reasonably
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Rajendra Vs. State of Rajasthan
Rajasthan
Jul-06-1995
Criminal
Indian Penal Code (IPC) - Sections 324, 376, 424, 457, 458 and 511; Code of Criminal Procedure (CrPC) , 1973 - Sections 294(3) and 313; Code of Criminal Procedure (CrPC) , 1898 - Sections 342
1996CriLJ340
the various circumstances appearing in the prosecution evidence to the appellant while recording his plea Under Section 313 CrPC and, as such, the prosecution evidence as also the injury report cannot be read in evidence against him. … the various circumstances appearing in the prosecution evidence to the appellant while recording his plea Under Section 313 CrPC and, as such, the prosecution evidence as also the injury report cannot be read in evidence against him. … prosecution evidence to the appellant while recording his plea Under Section 313 CrPC and, as such, the prosecution evidence as also the injury report cannot
Tag this Judgment! AI Brief & AskAshfaq Khan and anr. Vs. State of U.P. and ors.
Supreme Court of India
Feb-01-2008
Criminal
Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 - Sections 2 and 3; Indian Penal Code (IPC), 1860 - Sections 420 and 424; Trade Tax Act; Code of Criminal Procedure (CrPC) , 1973 - Sections 167
2008AIRSCW897; 2008CriLJ1598; JT2008(2)SC157; 2008(2)SCALE156; (2008)11SCC143
completed by the police within the prescribed limit under the general law i.e. Section 167 of Code of Criminal Procedure, 1973 by filing the charge-sheet or final report, if the accused is in custody within that period;.(b) It … the 'FIR') lodged for alleged commission of offences punishable under Sections 420 and 424 of the Indian Penal Code, 1860 (in short the 'IPC') and Sections 2 and 3 of the U.P. Gangsters and Anti- Social Activities
Tag this Judgment! AI Brief & AskVenus Steel, Products Through Its Proprietor Shri Jaime S. Lazaro Vs. ...
Mumbai
May-06-2005
Criminal
Negotiable Instruments Act, 1881 - Sections 138; Code of Criminal Procedure (CrPC) , 1973 - Sections 362 and 482; Code of Criminal Procedure (CrPC) - Sections 369, 424 and 561A
III(2006)BC5
now invoked the jurisdiction of this Court under S. 482 of the Code of Criminal Procedure 1973 (Code, for short) and has prayed for restoration … High Court on appeal or revision cannot be reviewed or revised except in accordance with the provisions of the Criminal Procedure Code and the provisions of Section 561-A of the Code cannot be invoked for exercise of a power which … of re-hearing of the appeal (which was dismissed for default), in exercise of powers under Section 369 r/w Section 424 of the Code because a specific prohibition regarding altering or reviewing of its order by Court The Court
Tag this Judgment! AI Brief & AskMohd. Farooq Abdul Gafur and anr.;state of Maharashtra Vs. State of Ma ...
Supreme Court of India
Aug-06-2009
Criminal
Arms Act, 1959 - Sections 3, 3(2), 4, 7, 8(1), 8(2), 9, 9(1), 10, 12, 21, 21(1), 25, 25(1A), 25(1B), 27(2), 27(3), 29, 29(1), 35, 39 and 44; Maharashtra Control of Organised Crime Act, 1999 - Sections 2(1), 3, 3(1), 3(2), 3(4), 15, 18, 18(3), 29 and 29(1); Arms (Amendment) Act, 1983 - Sections 21(1) and 21(2) to 21(6); Evidence Act, 1872 - Sections 3, 9, 15, 21, 24, 25, 26 and 30; Terrorist and Disruptive Activities (Prevention) Act, 1987 - Sections 15 and 15(2); Terrorist and Disruptive Activities (Prevention) Rules, 1987 - Rule 15 and 15(5); Code of Criminal Procedure (CrPC) , 1973 - Sections 162, 313 and 357; Indian Penal Code (IPC), 1860 - Sections 34, 52A, 109, 120B, 201, 212, 302, 307, 324, 326, 411, 414 and 424; Maharashtra Control of Organized Crime Rules, 1999 - Rules 3, 3(6) and
JT2009(11)SC47; 2009(11)SCALE327; (2010)14SCC641; 2010AIRSCW2574; 2011(3)SCC(Cri)867; [2009] 12 SCR 1093
the making of such confessional statements which fact was not put in their examination under Section 313 of Criminal Procedure Code, 1973 (for short 'CrPC'). 37. It was submitted that no credence should have been placed on the Test … of payment of fine to undergo further R.I. for six months. (f) Convicted for an offence punishable under Section 424 IPC and is sentenced to R.I. for two years. (g) Convicted for an offence punishable under Section 414
Tag this Judgment! AI Brief & AskBrahm Swaroop and anr. Vs. State of U.P.
Supreme Court of India
Oct-26-2010
Criminal
Indian Penal Code (IPC), 1860 - Sections 34, 148, 149, 302, 307, 396, 424; Arms Act - Section 25; ode of Criminal Procedure (CRPC), 1973 - Sections 161, 174
of the prosecution.7. The whole purpose of preparing an inquest report under Section 174 of the Code of Criminal Procedure, 1973 (hereinafter referred to as `Cr.P.C') is to investigate into and draw up a report of the apparent … the prosecution submitted the chargesheet under Sections 396, 148, 302 read with 149, 307/149 of the Indian Penal Code, 1860 (hereinafter called the IPC). Brahm Swaroop (A.5) and Balwant (A.2) were further charged under Section 25 of … (A.6) of all the charges under Sections 148, 302, 149, 307, 396, 424 I.P.C. and Section 25 of the Arms Act. Chandra Pal (A.3) and
Tag this Judgment! AI Brief & AskShobhan Singh Khanka Vs. State of Jharkhand
Supreme Court of India
Mar-29-2012
Criminal Corruption
Code of Criminal Procedure (CrPC), 1973 - Section 438, 438(2); Indian Penal Code (IPC), 1908 - Sections 420, 423, 424, 467, 468, 469, 471, 477A, 120B, 109, 201; Prevention of Corruption Act, 1988 - Sections - 13(1)(c)(d),13(2)
The appeal is allowed on the above terms. [P. SATHASIVAM; J. CHELAMESWAR, JJ.] -- Code of Criminal Procedure (CrPC), 1973 - Section 438 -- The appellant is also responsible for conspiracy with the Chairman, Members of the JPSC … JPSC"),filed a petition before the Special Judge (Vigilance), for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 (in short" the Code") in connection with Special Case No. 23 of 2010 arising out of Vigilance … out of Vigilance PS No. 23 of 2010 under Sections 420, 423, 424, 467, 468, 469,471, 477A, 120-B, 109 and 201 of the Indian Penal
Tag this Judgment! AI Brief & AskLajjaram Singh and ors. Vs. Jitendra Kumar Singh and anr.
Kolkata
Jan-18-2002
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Section 91; ;Constitution of India - Article 20(3); ;Indian Penal Code (IPC), 1860 - Sections 120B, 419, 420, 423, 424, 460, 471 and 506
(2002)1CALLT374(HC),2002(2)CHN56
the learned Magistrate, The High Court held that the provisions relating to search contained in Section 93(1) of the Criminal Procedure Code, 1973 are not hit by Article 20(3) of the Constitution of India. Upholding the order of the High … Magistrate, Calcutta in Hare Street P.S. Case No. 782 of 1998 under Sections 120B/406/468/471/419/420/423/424/506 of the Indian Penal Code.2. The aforesaid case was registered on the basis of a complaint lodged by the present opposite party No.
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