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Vysya Bank Ltd. Vs. Official Liquidator, Shreeniwas Cotton Mills Ltd. ...

Court : Mumbai

Subject : Company

Acts : Companies Act, 1956 - Sections 179, 391, 442, 446, 456, 457 and 537; Code of Civil Procedure (CPC), 1908 - Sections 92; Code of Criminal Procedure (CrPC) , 1973 - Sections 197

Reported in : (1992)94BOMLR303; [1995]84CompCas493(Bom); 1992(2)MhLj1239

have been used like in section 92 of the Civil Procedure Code, 1908, and in section 197 of the Criminal Procedure Code, 1973, and again in clause 12 of the Letters Patent The consequence of disregarding the necessity of the … leave' have been used like in section 92 of the Civil Procedure Code, 1908, and in section 197 of the Criminal Procedure Code, 1973, and … appeal, the said application was dismissed and hence the present appeal. 2. Is the obtaining of leave under section 442 of the Companies Act, a condition precedent to filing of a suit Can such leave be granted ex

State and Others Vs. E. Veeramani

Court : Chennai

Subject : Criminal

Acts : 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)

Reported in : 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

Common Cause a Registered Society Through Its Director Vs. Union of In ... Overruled

Court : Supreme Court of India

Subject : Constitution

Acts : Constitution of India - Articles 21 and 32; Code of Criminal Procedure (CrPC) , 1973 - Sections 436, 437, 440, 441 and 442

Reported in : 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

Raghubir Singh and ors. Vs. State of Bihar

Court : Supreme Court of India

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 34, 120B, 121, 121A, 123, 124A, 153A, 153B, 165A and 505; Code of Criminal Procedure (CrPC) , 1973 - Sections 167, 167(2), 207, 309, 309(2), 344, 437, 437(1), 437(2), 437(5), 439, 439(2), 441, 442, 442(1), 444, 444(2) and 445; Constitution of India - Articles 21, 32 and 136

Reported in : AIR1987SC149; 1987CriLJ157; 1986(2)SCALE452; (1986)4SCC481; [1986]3SCR802

in which such accused person is incarcerated. Sections 441 and 442, to borrow the language of the Civil Procedure Code, are in the nature of provisions for the execution of orders for the release on bail of accused … proviso was introduced for the first time in the new Code of 1973. The reason for the introduction of the proviso was stated in the … the four accused other than Simranjit Singh Mann moved the Judicial Magistrate First Class Araria for bail in the criminal case which was then being investigated claiming to be released under the proviso (a) of Section 167(2) of … to be released under the proviso (a) of Section 167(2) of the CrPC. The learned Magistrate directed their release on bail, but imposed a condition

Raj Kumar Aggarwal Vs. Director General, Central Excise and anr.

Court : Delhi

Subject : Criminal

Acts : 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

Reported in : 147(2008)DLT1; 2008(229)ELT350(Del)

may deem fit and proper.2. Earlier, 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 learned Single Judge of this Court … 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 court admitting an accused person to bail is required by Section 442(1) to issue an order of release to the officer-in-charge of the jail

J.M. JaIn Vs. Ghamandiram K. Gowani

Court : Mumbai

Subject : Criminal

Reported in : (1979)81BOMLR64

old Code'), corresponding to Section 441 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the new Code'). The Maintenance of Internal Security … him. The Magistrate in a criminal case has to be guided by the provisions and the requirements of the Criminal Procedure Code. Certain powers have been vested in the Magistrate under the Code itself to secure the presence of the … V. P. Road Bombay, an offence punishable under Section 120B, Indian Penal Code read with Section 135 of the Customs Act, 1962, and Section 5 … earlier case still continues. This is the result which has been brought about by enacting the provisions of Section 442. It clearly provides that even if an order for bail is passed in. respect of an accused person

Karipi Rasheed Vs. State of Andhra Pradesh

Court : Supreme Court of India

Subject : Criminal

Acts : Indian Penal Code (IPC) - Sections 323, 342, 344, 347, 384, 390, 442, 448, 464 and 506; Code of Criminal Procedure (CrPC) , 1973 - Sections 320

Reported in : 2009(4)SCALE30

offences under Sections 384 and 506 Part-II IPC are not compoundable under Section 320 of the Code of Criminal Procedure, 1973. Therefore, the prayer of compounding the offences made by the complainant and A-1 in their joint application … of offences - Offences under Sections 384 and 506 Part-II of IPC not compoundable under Section 320 of CrPC - Prayer of compounding offences made by complainant and first appellant not legal - All courts below properly … Ahmed Khaza - A-5 under Sections 323, 342, 347, 352, 384, 390, 442, 464 and 506 of IPC. The learned Ist Additional Judicial First Class

Eicher Tractor Ltd. and ors. Vs. Harihar Singh and anr.

Court : Supreme Court of India

Subject : Criminal

Acts : Negotiable Instrument Act, 1882 - Sections 138, 141 and 442; ;Code of Criminal Procedure (CrPC) , 1973 - Sections 82, 155(2), 156(1), 200 and 482; ;Indian Penal Code (IPC) - Sections 468 and 471

a learned Single Judge of Allahabad High Court dismissing the petition under Section 482 of the Code of Criminal Procedure, 1973 (in short the `Code'). By the said petition appellants had prayed for quashing the proceedings initiated on … order of a learned Single Judge of Allahabad High Court dismissing the petition under Section 482 of the Code of Criminal Procedure, 1973 (in short the `Code'). By the said petition appellants had prayed for quashing the

Tamizharasi and Another Vs. Assistant Director, Narcotic Control Burea ...

Court : Chennai

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 57, 167, 167(2), 173, 309, 436, 437 , 437(1), 437(2), 437(5), 439, 439(1), 439(2) and 482; Tada - Sections 20, 20(4), 20(4), 20(7), 20(8) and 20(9); Narcotic Drugs Psycho. Sub. Act - Sections 21, 23, 29, 36, 36(1), 36A, 36A(1), 36A(3), 37, 37(1), 37(2) and 52

Reported in : 1995(1)ALT(Cri)562; 1996CriLJ208

limitations as may have been provided under the Code of Criminal Procedure, 1973, or any other law for the time being in force on granting … the very object of law. In view of the above, I am clear that proviso to Section 167(2) Criminal Procedure Code is not applicable to such cases covered by Section 37 of NDPS Act. In such cases, only if … that the learned Special Judge was not inclined to act under the proviso to S. 167(2) of the Code of Criminal Procedure in view of the pronouncement of a learned single Judge of this Court in Seemsiraj … High Court in Banka Das v. State of Orissa, 1993 Crl LJ 442 stated that Section 167(2) proviso, of the Code was subject to Section

Shri Vasant Waman Pradhan Vs. Shri Dattatraya Vithal Salvi and the Sta ...

Court : Mumbai

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 27, 28, 200, 227, 239, 245, 245(2) and 482; Indian Penal Code (IPC) - Sections 339, 349, 425, 427, 441, 442, 445, 451, 452, 453, 503, 504 and 506; Constitution of India - Articles 226 and 227

Reported in : 2004(1)MhLj487

bond, if any, furnished by the petitioner, stand cancelled. No order was to costs. Rule stands made absolute. Criminal Procedure Code, 1973 - Sections 245, 482 - Constitution of India, 1950 - Articles 226-227 - Discharge of accused - … the application moved by the petitioner for discharging him in view of provisions of Section 245(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code' for convenience).2. Few facts need to be stated … with the offences punishable under provisions of Section 339, 349, 427, 441, 442, 451, 452, 445, 504, 506 of IPC as they were mentioned in