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Devpuri Hirapuri Vs. State of Gujarat
Gujarat
Sep-27-1999
NarcoticsCriminal
Constitution of India - Article 161; Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 20(2) and 32(A); Prisons Act, 1894 - Sections 3(1) and 59; Code of Criminal Procedure (CrPC) , 1973 - Sections 27, 33, 432, 433, 434 and 462
(1999)3GLR880
the appeal or otherwise as also the powers of the Government under Section 432, 433 and 434 of the Criminal Procedure Code, and that Section 32A would have an overriding effect with regard to the powers of suspension, commutation and … under this Act Notwithstanding anything contained in the Code of Criminal Procedure, 1973 or any other law for the time being in force but subject … this Court in Para 7 as under;'It is thus, abundantly clear that the concept of imprisonment under the Code is a well defined and well understood concept and it only means that a person can be said
Tag this Judgment! AI Brief & AskEpuru Sudhakar and anr. Vs. Govt. of A.P. and ors.
Supreme Court of India
Oct-11-2006
ConstitutionCriminal
Government of India Act, 1935 - Sections 295; Evidence Act - Sections 106; General Clauses Act, 1897 - Sections 14 and 21; Code of Criminal Procedure (CrPC) , 1973 - Sections 432, 432(3), 433, 433(6), 433A, 434 and 435; Indian Penal Code (IPC), 1860 - Sections 54, 55, 109, 302 and 304(1); Constitution of India - Articles 32, 58(2), 72, 74(2), 112(2), 161 and 356
AIR2006SC3385; JT2006(9)SC72; (2006)4MLJ1555(SC); 2006(10)SCALE98; (2006)8SCC161
from arbitrariness Criminal - Remission - Article 161 of Constitution of India - Sections 432 and 433 of Criminal Procedure Code, 1973 - Respondent No. 2 was convicted for murder - State remitted sentence of unexpired terms of 7 … 2 was altered from one under Section 302 of the Indian Penal Code, 1860 (in short the 'IPC') to Section 304(1) read with Section 109 … 433 respectively. Section 433A lays down restrictions on provisions of remission or commutation in certain cases mentioned therein. Section 434 confers concurrent power on the Central Government in case of death sentence.Section 435 provides that the power of
Tag this Judgment! AI Brief & AskPana Chand Vs. State of Rajasthan and ors.
Rajasthan
May-10-2000
CriminalNarcotices
Rajasthan Prisoners Release on Parole Rules, 1958 - Rule 9; Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 8, 18, 27, 32A and 33; Code of Criminal Procedure (CrPC) , 1973 - Sections 432, 433 and 434
2000CriLJ3627; 2000(3)WLC68
of any appeal or otherwise. Similarly, the power of the Government under Sections 432, 433 and 434 of the Criminal Procedure Code have also been taken away. Section 32-A would have an overriding effect with regard to the powers of … under :-32-A. No suspension, remission or commutation in any sentence awarded under this Act.--Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force but
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Pawan Kumar Agarwal and ors. Vs. North Bengal Neuro Research Centre P. ...
Kolkata
Aug-22-2007
Company
Companies Act, 1956 - Section 434(1); ;Indian Penal Code (IPC) - Sections 34, 406, 415, 425 and 464; ;Code of Criminal Procedure (CrPC) , 1973 - Sections 94 and 482
[2008]143CompCas235(Cal)
the two cheques. The other document appended to the company's affidavit is an application under Section 94 of the Criminal Procedure Code, 1973, for issuance of a search warrant for recovery of valuable securities and documents. Such miscellaneous application arises … C.R. Case No. 573 of 2006 under Sections 415, 406, 425, 464 and 34 of the Indian Penal Code. In the twenty first paragraph in such complaint, the company has made allegations that would bring the complaint … and 2003 but not repaid despite issuance of the notice under Section 434(1)(a) of the Companies Act, 1956.The petitioners assert that they had made the
Tag this Judgment! AI Brief & AskHammanna S. Nayak Vs. Vijay Kumar Kalani and anr.
Mumbai
Jun-28-2000
CriminalBanking
Negotiable Instruments Act, 1881 - Sections 138; Companies Act - Sections 434; Code of Criminal Procedure (CrPC) , 1973 - Sections 482
2000CriLJ4438
The High Court of Madhya Pradesh, however, quashed the criminal proceedings under Section 482 of the Code of Criminal Procedure, 1973 on the ground that there was no proper notice as prescribed under Section 138 of the Negotiable … Madhya Pradesh, however, quashed the criminal proceedings under Section 482 of the Code of Criminal Procedure, 1973 on the ground that there was no proper … that, the demand notice issued by the complainant through their Advocate, was the notice given in pursuance of Section 434 of the Companies Act for recovery of the amount and winding up of the Company and that the
Tag this Judgment! AI Brief & AskMaktool Singh Vs. State of Punjab
Supreme Court of India
Mar-17-1999
CriminalNarcotics
Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 27, 32A and 36B; Code of Criminal Procedure (CrPC) , 1973 - Sections 33, 389 and 432 to 435; Constitution of India - Articles 72 and 161
AIR1999SC1131; 1999(1)ALD(Cri)735; 1999CriLJ1825; 1999(2)Crimes338(SC); (2001)1GLR298; JT1999(2)SC176; 1999(II)OLR(SC)1; RLW2000(1)SC69; 1999(2)SCALE26; (1999)3SCC321; [199
of any appeal or otherwise. Similarly, the power of the Government under Sections 432, 433 and 434 of the Criminal Procedure Code have also been taken away. Section 32A would have an overriding effect with regard to the powers of … No suspension, remission or commutation in any sentence awarded under this Act - Notwithstanding anything contained in the CrPC, 1973 or any other law for the time being in force but subject to the provisions of Section 33,
Tag this Judgment! AI Brief & AskJyotiben Ramlal Purohit and Etc. Vs. State of Gujarat and anr.
Gujarat
Dec-14-1995
Criminal
Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 20(1), 26, 27, 31A, 32A, 33, 36, 36(1), 36A, 36B, 36C, 37, 37(1), 226 and 227; Code of Criminal Procedure (CrPC) , 1973 - Sections 309, 360, 386, 389, 389(2), 401, 426, 432, 433, 433A, 434, 435 and 439; Probation of Offenders Act, 1958; Prisons Act; Constitution of India - Articles 14, 19, 21, 161 and 226; Indian Penal Code (IPC) - Sections 302, 392 to 402; Terrorist and Disruptive Activities Act - Sections 20
1997CriLJ1549; (1996)1GLR395
be deemed to affect the special powers of the High Court regarding bail under Section 439 of the Code of Criminal Procedure, 1973 (2 of 1974) and the High Court may exercise such powers including the power … be released on bail by the High Court in exercise of powers regarding bail under section 439 of the Criminal Procedure Code. Further, it is required to be noted that every offence is made cognizable and non-bailable under Section 37 … finally awarded. Such powers are as contained in Sections 432, 433, 433A, 434 and 435 of the Code in Chapter XXXII under the head 'E'
Tag this Judgment! AI Brief & AskGufran Hasan Qureshi Vs. the State of Maharashtra
Mumbai
Apr-20-1999
Criminal
Prison (Bombay Furlongh and Parole) Rules, 1959 - Rules 18 and 19; Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 21, 27, 32-A, 33 and 36-B; Probation of Offenders Act, 1958; Code of Criminal Procedure (CrPC) , 1973 - Sections 360, 432, 433 and 434; Constitution of India - Articles 14 and 21
1999(5)BomCR744; (1999)2BOMLR780; 1999(3)MhLj913
as under:'32-A. No suspension, remission or commutation in any sentence awarded under this Act.---Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), or any other law for the time being in force but … otherwise. Similarly, the power of the Government under sections 432, 433 and 434 of the Code of Criminal Procedure was also taken away. Section 32A … Act would have an overriding effect with regard to the powers of suspension, remission and commutation provided under the Criminal Procedure Code. The Apex Court also considered the submission that if it was held that the High Court had no … is undergoing sentence of 10 years imprisonment pursuant to his conviction under section 21 of the Narcotic Drugs and Psychotropic Substances, Act, 1985 (for short
Tag this Judgment! AI Brief & AskDadu @ Tulsidas Vs. State of Maharashtra
Supreme Court of India
Oct-12-2000
CriminalNarcotics
Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 21, 27, 32A, 33 and 37; Constitution of India - Articles 14, 19, 21, 72, 161 and 253; Opium Act; Dangerous Drugs Act; Code of Criminal Procedure (CrPC) , 1973 - Sections 389, 432, 433 and 434
AIR2000SC3203; 2000(2)ALD(Cri)804; 2000(3)BLJR2390; 2000CriLJ4619; 2000(4)CTC313; 2000(72)ECC233; (2001)1GLR647; 2000(6)SCALE746; (2000)8SCC437; [2000]Supp3SCR703; 2001(2)U
of any appeal or otherwise. Similarly, the power of the Government under Sections 432, 433 and 434 of the Criminal Procedure Code have also been taken away. Section 32A would have an overriding effect with regard to the powers of … '32A. No suspension, remission or commutation in any sentence awarded under this Act.- Notwithstanding anything contained in the CrPC, 1973 or any other law for the time being in force but subject to the provisions of Section 33,
Tag this Judgment! AI Brief & AskBaby Vs. Jayant Mahadeo Jagtap and ors.
Mumbai
Jan-29-1981
Family
Hindu Marriage Act, 1955 - Sections 2, 3, 7, 7(2), 7A, 17 and 437; Indian Penal Code (IPC), 1860 - Sections 109, 434, 494 and 495; Hindu Law; Evidence Act, 1872 - Sections 3 and 35; Code of Criminal Procedure (CrPC) , 1973 - Sections 313; Hindu Marriage (Maharashtra Amendment) Act
AIR1981Bom283; 1981(83)ARBLR312(Bom); 1982(1)BomCR80
charges both the accused pleaded not guilty and from the examination under Section 313 of the Code Of Criminal Procedure, 1973 it would appear that they abjured their guilt altogether and their defence is one of total denial.7. … punishable under Section 494 read with Section 109 of the Indian Penal Code in Criminal Case No. 834 of 1976.2. The appeal raises a question … In the complaint, the complainant therefore prayed that accused Nos. 1 and 2 having committed offences punishable under Section 434 read with Section 109 of the Indian Penal Code be dealt with according to law.6. The learned trial
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