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Puran Mal Aggarwal Vs. State
Delhi
Apr-11-2002
Criminal
Indian Penal Code (IPC) - Sections 279 and 338; Code of Criminal Procedure (CrPC) , 1973 - Sections 91, 436(1), 441(1), 446 and 446(1); Code of Criminal Procedure (CrPC) , 1898 - Sections 514 and 514(1)
2002VAD(Delhi)205; 98(2002)DLT203; 2002(63)DRJ394
an Explanationn added thereto in corresponding Section 446(1) of Criminal Procedure Code, 1973. Said Section 514(1) read as under :-'Whenever it is proved to the … valid.7. To be noted that both the said decisions were rendered with reference to Section 514 of Old Criminal Procedure Code, 1898. Sub-section (1) thereof has been re-written and an Explanationn added thereto in corresponding Section 446(1) of Criminal … the bond is taken by the court under the provisions of the code such as Section 91 for appearance, the several security sections or those … of taking bail from such person, discharge him on his executing a bond without sureties for his appearance. Section 441(1) interalia, provides that before any person is released on bail or released on his own bond, a bond
Tag this Judgment! AI Brief & AskState and Others Vs. E. Veeramani
Chennai
Oct-19-1994
Criminal
Indian Penal Code (IPC), 1860 - Sections 34, 109, 120B, 147, 148, 149, 302, 307, 341 and 506; Code of Criminal Procedure (CrPC) , 1973 - Sections 57, 162(2), 167, 167(1), 167(2), 309(2), 437, 437(1), 437(2), 437(5), 439, 439(1), 439(2), 441 and 442; Arms Act - Sections 25(1); Tada Act - Sections 20 and 20(4)
1995CriLJ184; 1995(1)CTC29
309 (2), 437, 437 (1), 437 (2), 437 (5), 439, 439 (1), 439 (2), 441 and 442 of Criminal Procedure Code, 1973, Section 25 (1) of Arms Act and Sections 20 and 20 (4) of TADA Act - question … There is nothing in the language of sub-section (5) of Section 497 and sub-section (2) of Section 498, Code of Criminal Procedure, to warrant such a conclusion. On the other hand, what appears from these provisions is
Tag this Judgment! AI Brief & AskVidyadharan Vs. State of Kerala
Supreme Court of India
Nov-14-2003
Criminal
Indian Penal Code (IPC), 1860 - Sections 354, 441 and 448; Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 - Sections 3(1) and 14; Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 2(1), 4(2), 5 and 193
2003(2)ALD(Cri)1019; 2004(1)BLJR497; 2004CriLJ605; JT2003(9)SC89; 2004(1)KLT105(SC); 2004(2)MhLj596; 2004MPLJ251(SC); 2004(I)OLR11; 2003(9)SCALE581; (2004)1SCC215
448 - Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 - Sections 3(1) and 14 - Criminal Procedure Code (CrPC), 1973 - Sections 2, 2(1), 4(2), 5 and 193 - It is seen that though there were some delay … must be unlawful entry and there must be proof of one or other of the intentions mentioned in Section 441 IPC. In the case at hand evidence clearly establishes the commission of offence punishable under Section 448.11. That
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Moti Ram and ors. Vs. State of Madhya Pradesh
Supreme Court of India
Aug-24-1978
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 389(1), 436, 436(2), 437(2), 441(1), 441(2), 441(3) and 445
AIR1978SC1594; 1978CriLJ1703; (1978)4SCC47; [1979]1SCR335; 1978(10)LC747(SC)
that bail reform was necessary. Indeed, this legislative scenario has a lesson for India where a much later Criminal Procedure Code 1973 has largely left untouched ancient provisions on this subject, incongruous with the Preamble to the Constitution.10. An … deem fit and proper'. From this factual matrix three legal issues arise (1) Can the Court, under the CrPC, enlarge, on his own bond without sureties, a person undergoing incarceration for a non-bailable offence either as undertrial … the Code although offences are classified as bailable and non-bailable. The actual Sections which deal with bail, as we will presently show, are of blurred … of money will do duty for bond 'with or without sureties'. Section 441(1) of the Code may appear to be a stumbling block in the
Tag this Judgment! AI Brief & AskKamla Bai Gopalrao Jamdar Vs. Chief Judicial Magistrate and anr.
Madhya Pradesh
Sep-12-1989
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 441, 441(4), 446(2) and 482; Indian Penal Code (IPC) - Sections 302 and 307; Code of Civil Procedure (CPC) - Sections 60; Madhya Pradesh Land Revenue Code, 1959 - Sections 147
1990CriLJ2550
in the Code of Criminal Procedure. The only useful provision to be found is in Sub-section (4) of Section 441 which reads as under:--'441. Bond of accused and sureties:--(1) to (3) etc. etc.(4) For the purpose of determining … as to such sufficiency or fitness.'8. It is interesting to note that the parallel provision in the old Criminal Procedure Code of 1898, was as under:--'419. Bond of accused and sureties.--(1) & (2) etc. etc.(3) For the purpose of … the agricultural implements were exempted from attachment under Section 60 of the Code of Civil Procedure and under Section 147 of the M.P. Land Revenue … safe distance from whim, fancy and caprice.10. Under Section 446(2), Cr. P.C. 1973, proviso, in the event of a bail bond being forfeited and penalty
Tag this Judgment! AI Brief & AskDr. Chimanlal Dharamdas Shah Vs. the State and Another
Mumbai
Mar-19-1987
Criminal
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act; Customs Act; Code of Criminal Procedure (CrPC) , 1973 - Sections 441
1988(15)ECC161
allowed. Criminal - surety - Section 441 of Code of Criminal Procedure, 1973 Customs Act and Conservation of Foreign Exchange and Prevention of Smuggling Activities … Chhaganlal Kikabhai v. State of Gujarat : (1968)GLR983 . Execution of bond is mentioned in the Code of Criminal Procedure at S. 441. The very opening clause of the said section states as follows :'441. Before any person … Court in Chhaganlal Kikabhai v. State of Gujarat : (1968)GLR983 . Execution of bond is mentioned in the Code of Criminal Procedure at S. 441. The very opening clause of the said section states as follows :'441.
Tag this Judgment! AI Brief & AskCommon Cause a Registered Society Through Its Director Vs. Union of In ... Overruled
Supreme Court of India
May-01-1996
Constitution
Constitution of India - Articles 21 and 32; Code of Criminal Procedure (CrPC) , 1973 - Sections 436, 437, 440, 441 and 442
AIR1996SC3538a; 1996(2)ALT27(SC); 1996(44)BLJR1025; (1997)2CALLT8(SC); 1996CriLJ2380; 1996(2)CTC356; II(1996)DMC49SC; (1997)2GLR1297(SC); JT1996(4)SC701; 1996(0)MPLJ636; 19
and Sections 436, 437, 440, 441 and 442 of Criminal Procedure Code, 1973 - petition under Article 32 seeking direction with regard to release of … subject to such conditions, if any, as may be found necessary, in the light of Section 437 of the Criminal Procedure Code (Cr. PC)1(b) Where the offences under IPC or any other law for the time being in force for … the accused and dismissal of all proceedings pending in Criminal Courts with respect to offences under Indian Penal Code or other penal statutes which have been pending for more than three years from the date of their
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 … 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 … of 439, the Court can impose appropriate conditions.11. It will be necessary at this stage to refer to section 441 of the said Code which reads thus :-"441.441. Bond of accused and sureties.- (1) Before any person is
Tag this Judgment! AI Brief & AskRaj Kumar Aggarwal Vs. Director General, Central Excise and anr.
Delhi
Jan-23-2008
Criminal
Central Excise Act, 1944 - Sections 9 and 9AA; Code of Criminal Procedure (CrPC) , 1973 - Sections 145, 167, 167(2), 437, 437(1), 437(2), 437(3), 437(5), 438(1), 438(2), 439, 439(2), 441, 442(1) and 445; TADA Act - Sections 20(4); Narcotic Drugs and Psychotropic Substances Act, 1988; Delhi Rent Control Act - Sections 25B; Constitution of India
147(2008)DLT1; 2008(229)ELT350(Del)
the Petitioner had filed a bail application under Section 439 of the Code of Criminal Procedure, 1973 (Cr.PC) which came to be decided by a … the pending application stands disposed of in these terms. Criminal - Bail - Sections 167 and 439 of Criminal Procedure Code, 1973 - Appellant had filed application for bail under Section 439 - Single Judge admitted bail application on … the proviso to Section 167(2) itself. This means, first, the provisions relating to bonds and sureties are attracted. Section 441 provides for the execution of bonds, with or without sureties, by persons ordered to be released on bail.
Tag this Judgment! AI Brief & AskRajiv Gupta Vs. State and Another
Delhi
Jul-04-2000
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 482; Negotiable Instrument Act, 1881 - Sections 138, 141 and 142; Companies Act, 1956 - Sections 433, 441(2) and 536(2)
2000VAD(Delhi)802; [2001]104CompCas26(Delhi); 86(2000)DLT798
under Section 482 Cr.P.C. Accord-ingly, the petitions are dismissed. Criminal - dishonor of cheque - Section 482 of Criminal Procedure Code, 1973, Section 138 of Negotiable Instrument Act, 1881 and Sections 433, 441 and 536 of Companies Act, 1956 … the notice, a complaint under Sections 138/141/142 of the Act read with Section 420 of the Indian Penal Code was filed against the Company, its Chairman and the Managing Director. On such complaint being filed, the learned
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