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State of Maharashtra Vs. Tanaji Bajirao Bhosale and ors.

Court : Mumbai

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 190(1) and 191; Indian Penal Code (IPC) - Sections 34, 341, 431 and 447

Reported in : 1980MhLJ49

J.:1. This appeal raises a question of law regarding the two scopes of section 190 and 191 of the Criminal Procedure Code. The question arises on the following facts which are in dispute :On January 10, 1974, the Judicial Magistrate, … the two scopes of section 190 and 191 of the Criminal Procedure Code. The question arises on the following facts which are in dispute :On … at the police station was recorded. Thereafter, on September 15, 1975, the learned Magistrate framed a charge under section 431 read with section 34 of the Indian Penal Code against the accused. In the charge it was alleged … the respondents. In the charge-sheet it was mentioned that between April 23, 1973, and June 12, 1973 the accused demolished the public road of 420

Mohamed Kasim Vs. First Addl. Sessions Judge and ors.

Court : Karnataka

Subject : Criminal

Acts : Karnataka Forest Act, 1963; Code of Criminal Procedure (CrPC) , 1973 - Sections 386, 421 and 431; Constitution of India - Article 226

Reported in : ILR2004KAR1672

the proceeds in favour of the State.24. Writ Petition allowed as indicated above. KARNATAKA FOREST ACT, 1963 - CRIMINAL PROCEDURE CODE, 1973, SECTIONS 386(e) 421, 431-Petitioner's vehicle confiscated for alleged offences under the Act - Order of confiscation set-aside … by filing a petition under Section 386(e) and Section 452 of the Code of Criminal Procedure ('Cr.P.C.' for short) paying for direction to the respondent … can initiate recovery proceedings by filing an application before the Magistrate.8. Petitioner, thereafter filed such a petition under Section 431 Cr.P.C. before the Court of the VIII Additional Chief Metropolitan Magistrate, Bangalore in Crl. Mis 22/99 (Copy at

Dilip S. Dahanukar Vs. Kotak Mahindra Co. Ltd. and anr.

Court : Supreme Court of India

Subject : Criminal

Acts : 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

Reported in : [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 … It may be awarded separately. It may be recoverable as if it is a fine in terms of Section 431 of the Code but by reason thereof it would not become automatically recoverable forthwith. The legal position, however, … 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

K. Chathukutty and ors. Vs. K.S. Prasanna Venkitesan and anr.

Court : Kerala

Subject : Criminal

Acts : Negotiable Instruments Act, 1881 - Sections 118 and 138; Indian Penal Code (IPC) - Sections 302 and 420; Code of Criminal Procedure (CrPC) , 1973 - Sections 249, 256, 256(1), 259, 313, 354, 377, 378, 378(4), 394, 394(1), 417, 454 and 449; Code of Criminal Procedure (CrPC) , 1898 - Sections 431 and 495

Reported in : II(2007)BC488; 2007CriLJ1120

will not abate on account of the death of the appellant-complainant. Section 394 of Cr. P.C. corresponds to Section 431 of Criminal Procedure Code, 1898.15. In Khedu Mohton v. State of Bihar : 1971CriLJ20 the Apex Court considered … P1 to P8 proved and marked. After prosecution evidence was over respondent was questioned under Section 313 of Criminal Procedure Code. He denied all incriminating circumstances brought against him. No defence evidence was adduced.4. Learned Magistrate after considering evidence … to be decided in appropriate proceedings,13. Section 354 of Criminal Procedure Cede, 1973 deals with death of appellant in a criminal appeal. It reads as … 138 of the Negotiable Instruments Act and Section 420 of Indian Penal Code.3. When respondent appeared before learned Magistrate copies of relevant documents were furnished

Shri Shankar Prasad Ghosh (Dead) Vs. the State of Bihar and anr.

Court : Supreme Court of India

Subject : Criminal

Acts : Prevention of Corruption Act, 1947 - Sections 4(1), 5(1) and 5(2); Indian Penal Code (IPC), 1860 - Sections 34, 302, 409, 467, 471 and 477A; Code of Criminal Procedure (CrPC) , 1973 - Sections 394, 394(2), 411A(2) and 417; Constitution of India - Article 136; Code of Criminal Procedure (CrPC) - Sections 431

Reported in : 2008CriLJ3188; (2008)11SCC373; 2008AIRSCW4255; 2008(3)Crimes1; 2008(3)AICLR562; 2008(4)Supreme425; 2008(4)LH(SC)2262

After about 5 years applications have been filed purportedly in terms of Section 394(2) of the Code of Criminal Procedure, 1973 (in short the `Code') to bring on record the legal heirs of the deceased appellant for the … are as follows: (though rendered in the context of the Old Code are equally applicable under the Cr.P.C.).(1) Section 431 of the Old Code does not apply proprio vigore to a case of appeal filed with the special … 477A read with Section 34, 467 and 471 of the Indian Penal Code, 1860 (in short the `IPC'). It also found the accused guilty of

Varghese Vs. State of Kerala

Court : Kerala

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 357(1), 357(3) and 431; Negotiable Instruments Act, 1881 - Sections 138

Reported in : 2002CriLJ1712

within two months from today. Criminal - cheque bouncing - Sections 357 (1), 357 (3) and 431 of Criminal Procedure Code, 1973 and Section 138 of Negotiable Instruments Act, 1881 - petitioner convicted for offence under Section 138 - … months from today. Criminal - cheque bouncing - Sections 357 (1), 357 (3) and 431 of Criminal Procedure Code, 1973 and Section 138 of Negotiable Instruments Act, 1881 - petitioner convicted for offence under Section 138 -

Annamalai Vs. Government of Tamil Nadu and ors.

Court : Chennai

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 147, 148, 149, 323, 336, 337, 431 and 436; ;Code of Criminal Procedure (CrPC) , 1973 - Sections 3 - Order 144 and 144(3)

Reported in : (1993)IIMLJ419

431 and 436 of Indian Penal Code, 1860 and Section 3 and Order 144 and 144 (3) of Criminal Procedure Code, 1973 - in trivial cases Magisterial enquiry can be dispensed with after obtaining orders of Government - in … with the same and as such when once investigation has been done under the provisions of the New Code it should never be got obstructed because the enquiry has been ordered to be conducted under O. 144(3)

Shri Harischandra Lekhraj and anr. Vs. Shri Bhalchandra Naik

Court : Mumbai

Subject : Criminal

Acts : Probation of Offenders Act, 1956 - Sections 3; Prevention of Corruption Act, 1947 - Sections 5(1); Prevention of Food Adulteration Act, 1954 - Sections 7 and 16; Negotiable Instruments Act - Sections 138; Indian Penal Code (IPC) - Sections 120B, 149, 193, 199, 201, 283, 379, 341, 406, 420, 431, 447, 467, 504 and 506; Code of Criminal Procedure (CrPC) , 1973 - Sections 155(2), 156(1), 195, 195(1), 245 and 482; Constitution of India - Article 227

Reported in : 2009(111)BomLR2263

under the provisions contained in Section 195(1)(b)(i) of the Criminal Procedure Code, 1973, since no complaint by the Court before which the offences were stated … is argued on behalf of the Petitioners that the inherent powers of the Court under Section 482 of the Criminal Procedure Code are required to be invoked to quash the Criminal Complaint itself.18. The learned Magistrate has issued process upon … herein came to be convicted of the offences under Sections 447, 506 and 379 of the Indian Penal Code (IPC) upon the evidence led on behalf of the prosecution upon the complaint of the Petitioners relating to … grounds for proceeding with the complaint of the Respondent under Sections 341, 431, 504, 506 and 283 read with Section 149 of the Indian Penal

Hari Prasad Chhapolia Vs. Union of India (Uoi)

Court : Supreme Court of India

Subject : CriminalCustoms

Acts : Customs Act, 1962 - Sections 135(1); Gold (Control) Act, 1968 - Sections 85; Code of Criminal Procedure (CrPC) , 1973 - Sections 394; Code of Criminal Procedure (CrPC) - Sections 411A(2), 417 and 431; Indian Penal Code (IPC) - Sections 302; Constitution of India - Article 136

Reported in : 2008CriLJ3198; JT2008(11)SC106; (2008)7SCC690

the respondent submitted that there is no scope for accepting the application. Section 394 of the Code of Criminal Procedure, 1973 (in short the `Code') has no application to an appeal before the Supreme Court. In any event, … there is no scope for accepting the application. Section 394 of the Code of Criminal Procedure, 1973 (in short the `Code') has no application to … as follows: (though rendered in the context of the Old Code are equally applicable under the Cr.P.C.). (1) Section 431 of the Old Code does not apply proprio vigore to a case of appeal filed with the special

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 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 … 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 complainant was introduced by the Amending Act of 1955. Parliament is supposed to have taken notice of Section 431 Cr.P.C. also when the amendment was passed. But there is this lacuna in the section, namely, as to