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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 … of Chapter XXVI to the judgments of appellate courts other than the High Courts. Reliance was placed on Section 430 for the submission that the finality provided for judgments, orders passed by the appellate court would also indicate

Chikkappa and ors. Vs. State by Sub-inspector of Police, Hangal Police ...

Court : Karnataka

Subject : Criminal

Acts : Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Sections 2(1), 3, 3(1) and 18; Indian Penal Code (IPC), 1860 - Sections 143, 147, 149, 323, 430, 447, 504 and 506; Code of Criminal Procedure (CrPC) , 1973 - Sections 437, 438, 439, 439(2) and 482; Constitution of India - Articles 14 and 21; Civil Rights Act

Reported in : 2002CriLJ518; ILR2001KAR5483; 2002(1)KarLJ61

should be exercised'. In the light of this recommendation, Section 438 was incorporated, for the first time, in the Criminal Procedure Code of 1973. Looking to the cautious recommendation of the Law Commission, the power to grant anticipatory bail is … complaint being launched against innocent persons, the provisions of Sections 438 and 439 have been incorporated in the Code of Criminal Procedure, whereunder the Courts can go into the question of prima facie existence of a case … Police Station registered for the offences punishable under Sections 143, 147, 323, 430, 447, 504 and 506 read with Section 149 of the IPC as

Kandimalla Koteswara Rao and ors. Vs. State of Andhra Pradesh

Court : Andhra Pradesh

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 430; Code of Criminal Procedure (CrPC) , 1973 - Sections 436

Reported in : 1982CriLJ209

5. Revision allowed. Criminal - bail - Section 430 of Indian Penal Code, 1860 and Section 436 of Criminal Procedure Code, 1973 - petitioners charged with offence under Section 430 of Code - offence was cognizable and bailable - … bail. The revision is accordingly allowed. 5. Revision allowed. Criminal - bail - Section 430 of Indian Penal Code, 1860 and Section 436 of Criminal Procedure Code, 1973 - petitioners charged with offence under Section 430 of

Uttam and ors. Vs. State of Maharashtra and ors.

Court : Mumbai

Subject : Criminal

Acts : Probation of Offenders Act - Sections 6; Code of Criminal Procedure (CrPC) , 1973 - Sections 361A, 362, 432, 433, 433A, 439(2) and 482; Code of Criminal Procedure (CrPC) - Sections 430 and 561A; Code of Civil Procedure (CPC) ; Indian Penal Code (IPC) - Sections 302 and 304

Reported in : 1997(3)ALLMR488; 1997CriLJ1307

Section 561A to set aside or alter that judgment or sentence which had become final in terms of Section 430 of the Code of Criminal Procedure (Section 362 of new Code). State of M.P. v. Naraindatta, : AIR1966MP158 … The concept of the inherent powers in the procedural law is now well defined either it be in the Criminal Procedure Code or the Civil Procedure Code. The inherent powers can not be exercised to by pass what has been … which is more than the statutory prescription under Section 433-A of the Code of Criminal Procedure. If a prisoner completes the actual imprisonment of 14 … the inherent powers of the High Court as protected and declared under Section 482 of the Code of 1973 (Section 561-A under the old Code) can be invoked;6. Shri Sabnis further relied on the judgment of the Division

Iqubal Khan @ Mohammad Vs. State of Madhya Pradesh

Court : Madhya Pradesh

Subject : Criminal

available to learned trial Court for information and strict compliance of these directions. 17. Revision is partly allowed. Criminal Procedure Code, 1973 SC/ST (Prevention of Atrocities) Act Section 3(2)(v) Indian Penal Code, 1860 Section 376, Section 450, Section 506 … 450, Section 506 Recalling for Cross-examination Trial Judge rejected the application filed by applicant under Section 311 of CrPC for recalling the prosecutrix for her cross examination. Court held fairness of the trial is a virtue that … Court in Hoffman Andreas v. Inspector of Customs, Amritsar (2000) 10 SCC 430. The following passage is in this regard apposite: "6...In such circumstances, if

Bharat Ram Meena Vs. Rajasthan High Court at Jodhpur and Others

Court : Supreme Court of India

Subject : ConstitutionService

Acts : Indian Penal Code (IPC), 1860 - Sections 430; Code of Criminal Procedure (CrPC) , 1973 - Sections 54(2) and 193; Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 - Rule 16

Reported in : AIR1997SC896; (1998)1CALLT16(SC); [1997(75)FLR670]; JT1997(2)SC16; (1997)IILLJ804SC; RLW1997(2)SC284; 1997(1)SCALE596; (1997)3SCC233

There will be no order as to costs. Constitution - adverse remarks - Indian Penal Code, 1860 and Criminal Procedure Code, 1973 - appeal against dismissal of writ petition for quashing some adverse remarks in Annual Confidential Report (ACR) … with the provisions of Section 54(2) read with Section 193 of the CrPC, the challan had to be presented in the Court of the appellant. … 26-3-1990, Constable Man Singh submitted a challan in the case of State v. Nathu Singh and Ors. under Section 430, I.P.C. and Section 3(13) of the 1989 Act.6. The allegation against the appellant is that instead of entertaining

A.K. Gopalan and anr. Vs. Noordeen

Court : Supreme Court of India

Subject : CriminalContempt of Court

Acts : Indian Penal Code (IPC), 1860 - Sections 430; Code of Criminal Procedure (CrPC) , 1973 - Sections 154, 164, 173 and 174

Reported in : AIR1970SC1694; 1970CriLJ1407; (1969)2SCC734; [1970]2SCR410

September under the orders of the Sub-Divisional Magistrate statements of five witnesses were recorded presumably under s. 164 Criminal Procedure Code. On October 26, 1953 a report called the charge sheet for an offence under s. 430 I.P.C. was … the orders of the Sub-Divisional Magistrate statements of five witnesses were recorded presumably under s. 164 Criminal Procedure Code. On October 26, 1953 a report called the charge sheet for an offence under s. 430 I.P.C. was

Dr. D. Krithiveni Vs. P. Shivaram

Court : Karnataka

Subject : Civil

Acts : Code of Civil Procedure (CPC), 1908 - Sections 94 and 151; Indian Penal Code (IPC), 1860 - Sections 193; Code of Criminal Procedure (CrPC) , 1973 - Sections 430

Reported in : 2001(4)KarLJ627

power of a Court is in addition to and complementary to the powers expressly conferred under the Civil Procedure Code. But, that power will not be exercised if its exercise is inconsistent with, or comes into conflict with, … to and complementary to the powers expressly conferred under the Civil Procedure Code. But, that power will not be exercised if its exercise is inconsistent … the conduct of the defendant that she would delay and protract the proceedings as she was doing in the Criminal case. On such application, it was prayed that the defendant, be called upon to furnish the security for … Magistrate in that case ordered to take action against accused under Section 193 of the IPC read with Section 430 of the Cr. P.O. for tampering the Court records believed to have been committed by the accused to

Dassappa and anr. Vs. State of Mysore

Court : Karnataka

Subject : Criminal

Acts : Probation of Offenders Act, 1958 - Sections 4; Government of India Act - Sections 205; Code of Criminal Procedure (CrPC) , 1973 - Sections 369, 430, 561A and 761A; Indian Penal Code (IPC), 1860 - Sections 457

Reported in : AIR1965Kant224; AIR1965Mys224; (1964)2MysLJ342

Criminal - review - Sections 4 and 6 of Probation of Offenders Act, 1958 and Section 561A of Criminal Procedure Code, 1973 - criminal revision petition under Section 561A against conviction Order - allegedly petitioners be given benefit of … T.K. Tukol, J. (1) This is a petition under S. 561A of the Code of Criminal Procedure made under the following circumstances : The two petitioners were respectively Accused Nos. 1 and … Biyamma, A.I.R. 1963 Mys. 326 wherein, after referring to Ss. 369 and 430 of the Code, it was laid down that S. 561A does not

Pradipta Kumar SwaIn Vs. State of Orissa and ors.

Court : Orissa

Subject : Criminal

Acts : Dowry Prohibition Act - Sections 4; Hindu Marriage Act, 1955 - Sections 13B; Code of Criminal Procedure (CrPC) , 1973 - Sections 320, 393, 417, 423, 427, 428, 430, 439 and 482; Indian Penal Code (IPC) - Sections 34, 406, 379 and 498A; Constitution of India - Articles 226 and 227

Reported in : II(2005)DMC697; 2005(II)OLR277

basis of the language of Section 393 of the Code of Criminal Procedure. I may indicate here that Section 430 of the Cr.P.C. corresponds to Section 393 of Cr.P.C. In this regard my attention was drawn to Paragraph-25 … revisional jurisdiction no review or revision can be entertained against that judgment and there is no provision in the Criminal Procedure Code which would enable even the High Court to review the same or to exercise revisional jurisdiction over the … J.1. The petitioner has filed this application under Section 482 of the Code of Criminal Procedure with a prayer to quash the proceeding in Criminal