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Hanumanthegowda and anr. Vs. State of Karnataka
Karnataka
Nov-08-1996
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 436 to 439
1997(1)ALT(Cri)608; ILR1997KAR719; 1997(2)KarLJ245
their executing a personal bond for Rs. 10,000/- each with one surety for like sum for their appearance. CRIMINAL PROCEDURE CODE, 1973 (Central Act No. 2 of 1974) - Sections 436 to 439 -- petitioners charged with committing bailable … Section 496 Cr.P.C., which is equivalent to Section 436 of the present Code. In the said case, their Lordships did not uphold the condition imposed … with Section 149 IPC. The petitioners voluntarily surrendered before the learned Chief Metropolitan Magistrate and sought bail under Section 436 Cr.P.C., since all the offences alleged against them are bailable offences. The Learned Magistrate accepted the surrender of
Tag this Judgment! AI Brief & AskSultan KamruddIn Dharani Vs. the Union of India (Uoi),
Mumbai
Sep-19-2008
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 116(3), 436, 436(1), 436(2), 437, 437(3), 439, 439(1), 441, 446, 446A and 482; Customs Act, 1962 - Sections 104, 123, 135(1) and 137(3); Code of Criminal Procedure (CrPC) , 1898 - Sections 496 to 498 and 561A; Indian Penal Code (IPC) - Sections 406 and 420
(2008)110BOMLR3273; 2008(231)ELT217(Bom)
- Bail - Imposition of condition - Prior permission of Court - Grant of - Section 436 of the Criminal Procedure code, 1973 - Petitioner was granted bail for a bailable offence on condition of surrender of passport and not … 1. The Petitioner has invoked the power of this Court under section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the said Code of 1973") for challenging that part of
Tag this Judgment! AI Brief & AskUshman and Another Vs. the State
Chennai
Mar-07-1997
Criminal
Indian Penal Code (IPC), 1860 - Sections 34, 425 and 436; Code of Criminal Procedure (CrPC) , 1973 - Sections 227 and 228; Evidence Act - Sections 105
1997CriLJ2457
of the case as expeditiously as possible. 22. Revision partly allowed. Criminal - discharge - Section 227 of Criminal Procedure Code, 1973 and Sections 34 and 436 of Indian Penal Code, 1860 - whether dismissal of petition filed for … in which it is held as follows :- 'That in exercising his jurisdiction under section 227 of the Code the Judge which under the present Code is a senior and experience Judge cannot act merely as a
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Balchand JaIn Vs. State of Madhya Pradesh
Supreme Court of India
Nov-05-1976
Criminal
Defence and Internal Security of India Act, 1971 - Sections 38; Code of Criminal Procedure (CrPC) 1973 - Sections 2, 13-A, 34, 35, 36, 37, 38, 436, 437, 437(1) and 438; Defence and Internal Security of India Rules, 1971 - Rule 184
AIR1976SC366; (1976)4SCC572; [1977]2SCR52; 1977 Cri LJ 225
'anticipatory bail'. The majority view was that there was no such power in the court under the old Criminal Procedure Code. The Law Commission, in its Forty First Report pointed out:The necessity for granting anticipatory bail arises mainly because … can be competently made by a Court of Session or a High Court under Section 438 of the CrPC, 1973 in case of offences falling under Rule 184 of the Defence and Internal Security of India Rules, 1971 … and in these circumstances, therefore, the conditions mentioned in Rule 184 would have to be impliedly imported into Section 436 of the Code which deals with orders for bail regarding bailable offences. In other words, the position is
Tag this Judgment! AI Brief & AskM.R. Dhawan Vs. Delhi Administration and Raja Pratap Bhanu Prakash Sin ...
Supreme Court of India
Mar-13-1978
Criminal
Code of Criminal Procedure (CrPC) , 1898 - Sections 213(2), 409, 435, 436, 437, 484, 484(1) and 484(2); Code of Criminal Procedure (CrPC) , 1973 - Sections 484
AIR1978SC1011; 1978CriLJ769; (1978)2SCC184; [1978]3SCR488; 1978(10)LC308(SC)
application of Act - Sections 213 (2), 409, 435, 436, 437, 484, 484 (1) and 484 (2) of Criminal Procedure Code, 1898 and Section 484 of Criminal Procedure Code, 1973 - High Court set aside Order of discharge passed … which culminated in the discharge of the appellant would revive so as to attract the operation of the CrPC, 1973 (hereinafter referred to as the '1973 Code') as a result of which the case against the appellant would
Tag this Judgment! AI Brief & AskDirectorate of Enforcement Vs. Deepak Mahajan and Another
Supreme Court of India
Jan-31-1994
Criminal
Foreign Exchange Regulation Act, 1973 - Sections 35; Constitution of India - Articles 20(3) and 22; General Clauses Act, 1897 - Sections 3(42) and 273; Indian Penal Code (IPC), 1860 - Sections 26, 29, 50, 61, 190(1), 192 and 202(1); Code of Criminal Procedure (CrPC) , 1974 - Sections 2(4), 4(2), 41, 42, 43, 44, 106, 113, 117, 156, 167, 173, 176, 398, 436, 437, 438 and 439;Customs Act - Sections 2, 45, 46, 62, 104 and 151; Evidence Act - Sections 24, 25 and 27; Code of Criminal Procedure (CrPC) , 1898 - Sections 45, 46, 56, 58 and 135; Code of Criminal Procedure (CrPC) (Amendment) Act (Crpc), 1978 - Sections 309 and 344; Sea Customs Act, 1878 - Sections 171A and 154; Police Act, 1961
AIR1994SC1775; 1994(2)ALT(Cri)173; 1994(2)BLJR912; [1995]82CompCas103(SC); 1994CriLJ2269; 1994(1)Crimes892(SC); 1994(46)ECC255; 1994(70)ELT12(SC); JT1994(1)SC290; 1994(3)SCC440; [1994] 1 SCR 445
taken to a Magistrate.The Committee feel that Sub-Clause (3) being merely a repetition of the provisions of the Criminal Procedure Code, 1898 should be omitted.135. The view of the Committee expressed above can be taken as a guide in … at the stage of authorising detention on production of an arrestee before a Magistrate.69. The legislative change in Section 436 of the old Code (about which we shall deal with presently) and the introduction of the explanation to … jurisdiction to authorise detention of that person Under Section 167(2) of the CrPC ?2. As a preclude to the judgment, we would like to state … Sub-section (1) of Section 35 of the Foreign Exchange Regulation Act of 1973 which is in pari materia with Sub-section (1) of Section 104 of
Tag this Judgment! AI Brief & AskNadirkhan Babakhan Navabkhan Pathan Vs. State of Gujarat
Gujarat
Nov-15-2003
CriminalFood Adulteration
Bombay Police Act - Sections 135(1); Indian Penal Code (IPC) - Sections 114, 120B, 143, 147, 148, 149, 188, 307, 320, 336, 337, 435 and 436; Arms Act - Sections 25(1)(B) and 27; Prevention of Food Adulteration Act - Sections 7/16; Evidence Act; Constitution of India - Article 226 and 227; Code of Criminal Procedure (CrPC) , 1973 - Sections 173(8), 190 and 482
2004CriLJ3200
Matched in: Advocate D.R. Bhatt, Adv. for Petitioner No. 1 in Criminal Misc. Application Nos. 2684 and 2686 of 2003 Hansa Punani, APP for Respondent No. 1 in Criminal Misc. Application Nos. 2684 and 2686 of 2003
Tag this Judgment! AI Brief & AskM.N. Damani Vs. S.K. Sinha and ors.
Supreme Court of India
May-02-2001
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 436, 468 and 482; Negotiable Instruments Act, 1881 - Sections 138; Indian Penal Code (IPC), 1860 - Sections 34, 120-B, 251, 406, 407, 499 and 500
AIR2001SC2037; 2001(1)ALD(Cri)858; 2001ALLMR(Cri)1488(SC); 2001(2)ALT(Cri)63; 2001CriLJ2571; 2001(2)Crimes271(SC); JT2001(Suppl1)SC375; 2001(3)SCALE654; (2001)5SCC156; [200
of Magistrate is restored.The appeal is allowed accordingly. Criminal - jurisdiction - Sections 436, 468 and 482 of Criminal Procedure Code, 1973 and Sections 120B, 499 and 500 of Indian Penal Code, 1860 - whether High Court justified in … a private complaint against the respondents alleging that they made imputations against him in the application made under Section 436 Cr.P.C. before the XIth Additional Chief Metropolitan Magistrate, Mayo Hall Court, Bangalore in C.C. No. 24877/96. The imputations … 406 and 407 read with Sections 34 and 120-B of the Penal Code. That was a case where the property was trust property and one
Tag this Judgment! AI Brief & AskMahendra C. Vakharia Vs. State of Maharashtra and Another
Mumbai
Dec-17-1997
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 436 and 446; Foreign Exchange Regulation Act, 1973 - Sections 8(3) and 9(1); Conservation of Foreign Exchange Prevention of Smuggling Activities Act - Sections 7
1998CriLJ1924
(b) of the petition. 11. Petition allowed. Criminal - cancellation of bond - Sections 436 and 446 of Criminal Procedure Code, 1973, Sections 8 (3) and 9 (1) of Foreign Exchange Regulation Act, 1973 and Section 7 of Conservation … authority can apply to concerned Magistrate for taking action under Sections 82, 83, 84 and 85 of the Code of Criminal Procedure, 1973. The Magistrate who is authorised to take action under the said provisions is the
Tag this Judgment! AI Brief & AskKandimalla Koteswara Rao and ors. Vs. State of Andhra Pradesh
Andhra Pradesh
Sep-29-1981
Criminal
Indian Penal Code (IPC), 1860 - Sections 430; Code of Criminal Procedure (CrPC) , 1973 - Sections 436
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
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