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Mohammed Kunju and Another Vs. State of Karnataka

Court : Supreme Court of India

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 444(1), 446(3) and 449; Indian Penal Code (IPC), 1860 - Sections 120B, 420 and 471; Registration of Foreigners Act, 1939; Passports Act, 1967

Reported in : AIR2000SC6; 2000(1)ALD(Cri)477; 2000CriLJ165; 1999(4)Crimes320(SC); JT1999(8)SC487; 1999(3)KLT907(SC); RLW2000(1)SC45; 1999(6)SCALE693; (1999)8SCC660

before the High Court of Karnataka purportedly under Section 449 of the CrPC 1973 (for short the Code). Surprisingly, the High Court entertained such second … appeals. Thereafter they filed further appeals before the High Court of Karnataka purportedly under Section 449 of the CrPC 1973 (for short the Code). Surprisingly, the High Court entertained such second appeals and dismissed them on merits. Section … released from jail, slipped out of India with the result that the two sureties are now in jeopardy. The criminal court proceeded against them for failure to produce the accused, in court. The magistrate imposed a penalty of … by the modified conditions he must apply to the court under Section 444(1) of the Code to discharge him. Until the surety is discharged he

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 … should be called upon to find out other sufficient sureties as per the requirement of Sub-section (5) of Section 444 of the new Code, and if he fails to do so, he should be continued on personal bond … 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

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 … 5, 1985 the learned Magistrate made an order discharging the surety and issuing formal warrants of arrest under Section 444(2) of the CrPC. It was at that stage that the order of detention against Simranjit Singh Mann was

Syed Askari Hadi Ali Augustine Imam and anr. Vs. State (Delhi Admn.) a ...

Court : Supreme Court of India

Subject : Criminal

Acts : Indian Succession Act, 1865 - Sections 63 and 276; Evidence Act, 1872 - Sections 8, 8(1), 40 to 43 and 68; Probate and Administration Act, 1881 - Sections 12 and 59; Succession Act, 1925 - Sections 227 and 273; Indian Penal Code (IPC) - Sections 34, 420, 444, 448 and 468; Code of Criminal Procedure (CrPC) , 1973 - Sections 300, 309, 340(1), 341, 343(2); Constitution of India - Article 136; ; ;

Reported in : 2009AIRSCW3251; AIR2009SC3232; JT2009(4)SC522; 2009(3)SCALE604; (2009)5SCC528; 2009AIRSCW3251; 2009(2)LHSC961; [2009] 3 SCR 1017

on or on the basis thereof, the appellants filed an application under Section 309 of the Code of Criminal Procedure, 1973 before the learned Metropolitan Magistrate seeking stay of proceedings of the criminal case, which has been dismissed … suits between the same parties, principle of res judicata may apply; (3) in a criminal case, Section 300 CrPC makes provision that once a person is convicted or acquitted, he may not be tried again for the

M/s. Alhind Tours and Travels Private Limited Vs. Hasan Addoor

Court : Karnataka

Subject : Land Acquisition

(Prayer: This Criminal Appeal filed under Section 378(4) of the code of Criminal Procedure, 1973, by the advocate for the appellant/accused praying to set aside the judgment and order dated 16.8.2012 passed … represent the complainant in the case, would require the permission of the Court under Section 302 of the CrPC, to tender evidence on behalf of the complainant.  5. In answering the above point for consideration, we may … the opinion expressed in the case of Chandrashekarappa v. Sharanabasappu, 2011(1) Kar.LJ 444. Hence the present appeal. 3. The learned counsel for the parties were

Akhaya Behera Vs. State of Orissa

Court : Orissa

Subject : Criminal

Acts : Explosives Act, 1884 - Sections 9; Code of Criminal Procedure (CrPC) , 1973 - Sections 427, 427(1) and 428; Indian Penal Code (IPC), 1860 - Sections 392, 395, 441, 442, 443, 444, 456 and 457

Reported in : 1996CriLJ334

take a bird's eye view of the provisions contained in Sections 427 and 428 of the Code of Criminal Procedure, 1973 (in short, the 'Code'). Former deals with sentence on an offender already sentenced for another offence. It … of having committed offences punishable under Sections 457/395/392 of the Indian Penal Code, 1860 (in short, 'IPC'), and under Section 9(b) of the Indian Explosives … with imprisonmment. 'Lurking house-trespass' is defined in Section 443, IPC, while 'lurking house-trespass by night' is defined in Section 444. The said section provides that whoever commits lurking house-trespass after sunset and before sunrise, is said to commit

Mohammed Ajmal Mohammad Amir Kasab Alias Abu Mujahid and Others Vs. St ...

Court : Supreme Court of India

Subject : CriminalConstitution

Acts : Explosive Substance Act, 1908 ; Code of Criminal Procedure(CrPC) 1973 - Section 366, 164(1)(2)(4), 163, 162, 161(2), 304, 315, 226, 229, 313, 39; Unlawful Activities (Prevention) Act, 1967 - Section 16, 15; Explosives Act, 1884 ; Arms Act, 1959.; Indian Evidence Act, 1872 - Section 24, 25, 26, 27, 145, 32(1), 10; Constitution Of India - Article 20(3), 21, 22 (1), 156, 61, 219, 216, 217, 310, 309, 444, 3, 5, 7, 9, 10, 12, 14, 16, 18, 20, 22, 23, 25, 29, 32, 33, 427, 428, 517,; Prevention of Terrorism Act, 2002 - Sections 32, 52; Prevention of Corruption Act, 1947 - Section 5(1) (2),; Indian Penal Code(IPC) - Sections 161, 165, 120-B,109, 179, 121A, 122, 123, 124, 125, 126, 176; Legal Services Authorities Act, 1987 ; (THE) Terrorist and Disruptive Activities (TADA) Act, 43 of 1993 - Section 32,

Reported in : (2012)9SCC1; JT2012(8)SC4; 2012(4)KCCR271(SN); 2012AIRSCW4942; AIR2012SC3565; 2012(7)SCALE553

offence were comprehensively translated into the statutory scheme framed by Parliament; and that the relevant provisions of the Criminal Procedure Code, 1973, and the Indian Evidence Act, 1872, were crafted in such a way as to translate the Constitutional … Constitution. It would, therefore, be incorrect to contend that the magistrate recording a confession under Section 164 of CrPC had no obligation to comply with the Miranda rule or the requirements of Sections 32 and 52 of

Anirudh Sen Vs. State (N.C.T. of Delhi)

Court : Delhi

Subject : Criminal

Acts : Indian Penal Code (IPC) - Sections 120B, 394, 419, 420, 467, 468, 471 and 506; Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 161, 170, 173, 190, 193, 207, 208, 209, 225 to 237, 238, 239, 240, 241, 242, 243, 319, 319(1), 351, 444 and 482

Reported in : 2009(93)DRJ70

'inquiry' as contemplated under Section 2(g) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'CrPC'), had started which would have culminated on … review of an earlier order by the Magistrate when he did not possess any such power under the criminal procedure code.20. The third contention of the learned Counsel for the petitioner is that summons could not have been issued … was shown in column number two.16. As the petitioner had not been summoned, an application was moved under Section 444 CrPC on behalf of his surety Subrata Ghosh for discharge. This application was moved on 24.10.2002 and, as

Mr. Parkar Hasan Abdul Gafoor Vs. State of Maharashtra and Others

Court : Mumbai

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 413, 444 and 446

Reported in : 1999(5)BomCR481; 1999BomCR(Cri)481; 2000(120)ELT620(Bom)

ORDERRevision Application is dismissed. Rule discharged.After the order was pronounced, Counsel for the petitioner prayed for staying operation of this order. Considering the issue involved, operation of the order is stayed for six weeks on the...

Kadhirvel vs.vinod Kumar

Court : Delhi

Subject : Land Acquisition

along with the plaint, including the appellant’s statement in the respondent’s complaint case recorded under Section 313 of the Criminal Procedure Code, 1973, came to the conclusion that the defence raised by the appellant was a sham. The learned Trial … MS. JUSTICE REKHA PALLI REKHA PALLI, J JUDGMENT1 The present appeal under Section 96 of the Civil Procedure Code, 1908 assails judgment and order dated 12.02.218 passed by the learned Additional District Judge, South District, Saket Court,