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The State (Delhi Administration) Vs. Pali Ram
Supreme Court of India
Sep-26-1978
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 60, 63 and 207A; Indian Penal Code (IPC), 1860 - Sections 120B, 420, 467, 471 and 477A; Evidence Act - Sections 45, 47, 73, 114 and 165;
AIR1979SC14; 1979CriLJ17; (1979)2SCC158; [1979]1SCR931; 1978 Cri LJ 17
Sections 120-B, 420, 467, 471 and 477-A of Indian Penal Code, 1860, Sections 60, 63 and 207-A of Criminal Procedure Code, 1973 and Sections 45, 47, 73, 114 and 165 of Indian Evidence Act, 1872 - Additional District Magistrate … the Magistrate started inquiry proceedings under Section 207A, Chapter XVIII of the CrPC, 1898. After most of the prosecution evidence had been recorded, an application … 'admitted writings' within the purview of the first paragraph of the Section which read with illustration (c) of Section 45, Evidence Act, clearly indicates that such specimen writings can legally be used for comparison with the disputed writing
Tag this Judgment! AI Brief & AskKrishna Bhat Vs. I Land Tribunal
Karnataka
Oct-15-1985
CivilProperty
Karnataka Land Reforms Act, 1961 - Sections 45 and 48A; Code of Civil Procedure (CPC) , 1908 - Order 18, Rules 18 and 19; Code of Criminal Procedure (CrPC) , 1973 - Sections 310
ILR1986KAR1574
CODE, 1908 (Central Act No. 5 of 1908) -- Order 18 Rule 18 -- Scope of local inspection.;(C) CRIMINAL PROCEDURE CODE, 1973 (Central Act No. 2 of 1974) -- Section 310 -- Scope of Local Inspection. - Section 115: … both the Civil and Criminal Courts. Order XVIII Rule 18 of the Code of Civil Procedure provides for the power of the Civil Courts to … date of commencement of the Amendment Act with effect on and from the said date in the State Government.Section 45 provides for registering tenants as occupants of lands on certain conditions. It stipulates that every person who was
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 … that Section reads as follows :62. Certain offences to be non - cognizable Subject to the provisions of Section 45 and notwithstanding anything contained in the CrPC, 1898 (5 of 1898), an offence punishable under Section 56 shall … 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
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Divisional Forest Officer and anr. Vs. G.V. Sudhakar Rao and ors.
Supreme Court of India
Oct-31-1985
Criminal
Andhra Pradesh Forest Act, 1967 - Sections 20, 20(1), 29, 29(4), 44(2), 44(2A), 45 and 58A; Constitution of India - Article 226; Code of Criminal Procedure (CrPC) , 1973 - Sections 451, 452, 457 and 482
AIR1986SC328; 1986CriLJ357; 1986(1)Crimes313(SC); 1985(2)SCALE897; (1985)4SCC573; [1985]3SCR680; [1985]Supp3SCR680
law. Criminal - Construction - Section 44 (2A) of Andhra Pradesh Forest Act, 1967 and Section 482 of Criminal Procedure Code, 1973 - Whether High Court under Section 482 stay the proceedings for confiscation of illicitly felled trees which … by special leave raises a question whether the High Court could have stayed under Section 482 of the CrPC, 1973 the proceedings for confiscation of illicitly felled teak timber trees by the respondents from the reserved forests in … compensation for compounding the offence is paid or until an order of the magistrate directing its disposal is received.Section 45 of the Act, prior to its amendment, was in these terms:45. Where a person is convicted of a
Tag this Judgment! AI Brief & AskSukhadeo S/O Bhiwaji Tumdam Vs. State of Maharashtra
Mumbai
Jun-13-1996
Criminal
Indian Penal Code (IPC), 1860 - Sections 300, 302 and 304; Code of Criminal Procedure (CrPC) , 1973 - Sections 161 and 313; Evidence Act - Sections 45 and 105
1997CriLJ1059
- murder - Sections 300, 302 and 304 of Indian Penal Code, 1860, Sections 161 and 313 of Criminal Procedure Code, 1973 and Sections 45 and 105 of Indian Evidence Act, 1872 - accused convicted for offence of murder … Judge for the offence punishable under Section 302 of the Indian Penal Code and was sentenced to undergone imprisonment for life and to pay a … the doctor as substantive evidence when one is aware that the same is only opinion evidence admissible under Section 45 of the Evidence Act. Looking at the aforesaid circumstance, it is not possible to agree with the learned
Tag this Judgment! AI Brief & AskRam Singh Vs. Sonia and ors.
Supreme Court of India
Feb-15-2007
Criminal
Arms Act - Sections 25(1B); Indian Penal Code (IPC) - Sections 34, 120B, 201 and 302; Evidence Act, 1872 - Sections 24, 25, 26, 45 and 91; Code of Criminal Procedure (CrPC) , 1973 - Sections 164, 164(2), 164(4), 235(2), 281, 354(3), 364, 463, 463(1), 533 and 533(1); Constitution of India - Articles 19, 21 and 136
AIR2007SC1218; 2007CriLJ1642; JT2007(3)SC287; 2007(3)SCALE106; (2007)3SCC1; 2007AIRSCW1278; 2007)2SCC(Cri)1; (2007)2Crimes1(SC); 2007(1)LawHerald(SC)771.; MANU/SC/7109/2007
was very casual and it has not been recorded according to the procedure prescribed by Section 164 of the Criminal Procedure Code [`Cr.PC' hereinafter]. According to the learned Counsel, non-compliance of Section 164 by the recording magistrate cannot be cured … more than seven in number. Section 354(3) of the Criminal Procedure Code, 1973 in keeping with the spirit of the International Covenant, has further restricted … 302 read with Section 34 and Section 120B of the Indian Penal Code [`IPC' for short] and sentenced to death and to pay a fine … is concerned, Mr. Sushil Kumar submits that since polygraph evidence is not subject of expert evidence as per Section 45 of Evidence Act being a science in mystique, it could at best be used as an aid to
Tag this Judgment! AI Brief & AskDept. of Non-banking Companies, Reserve Bank of India and State of Mah ...
Mumbai
Jan-18-1989
Banking
Reserve Bank of India Act, 1934 - Sections 45I, 45J, 45K, 45K(4), 58B, 58B(5) and 58C; Code of Criminal Procedure (CrPC) , 1973 - Sections 313
[1991]70CompCas231(Bom)
also dated July 14, 1980, as per the statements made by them during their examination under Section 313, Criminal Procedure Code. In those statements also, they have not stated what was the amount by way of repayment of loans … July 14, 1980, as per the statements made by them during their examination under Section 313, Criminal Procedure Code. In those statements also, they have not stated what was the amount by way of repayment of loans … and March 31, 1977, in contravention of direction No. 4 of the 1973 Directions.3. Accused No. 1 is a company doing its business under the … them from the subcribers were 'deposits' within the term defined in Section 45-I(bb) of the Reserve Bank of India Act, 1934, and Sub-clause (d) of
Tag this Judgment! AI Brief & AskRoshan Beevi and ors. Vs. Joint Secretary to Government of Tamil Nadu ...
Chennai
Nov-09-1983
CriminalCustoms
Constitution of India - Articles 20(3), 21, 22, 22(2) and 226; Indian Penal Code (IPC), 1860 - Sections 99, 193, 225, 228, 241, 339 and 342; Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 36(1), 43, 45, 45(1), 46, 160(1), 164, 167(1), 438 and 439; Evidence Act - Sections 24, 25, 26 and 27
1984(15)ELT289(Mad)
45 (1), 46, 160 (1), 438 and 439 of Criminal Procedure Code, 1973, Sections 24 to 27 of Indian Evidence Act and Section 104 (1) … learned counsel appearing for the petitioner in W.P. 6880/83, took us very meticulously through the various provisions of the Criminal Procedure Code, the Indian penal Code and the Customs Act and also the various text books written by renowned authors, … took us very meticulously through the various provisions of the Criminal Procedure Code, the Indian penal Code and the Customs Act and also the various … Emperor, 1929 Cri LJ 128 (Nag) (has held) that there can be no arrest within the meaning of Section 45(1), Cr.P.C. unless the person to be arrested is actually touched by the process server and that an arrest
Tag this Judgment! AI Brief & AskState of Karnataka, by Deputy Superintendent of Police, Indi Sub-divis ...
Karnataka
Mar-31-2006
Criminal
Evidence Act, 1872 - Sections 45; Indian Penal Code (IPC), 1860 - Sections 34, 148, 149, 302, 342, 436 and 506; Code of Criminal Procedure (CrPC) , 1973 - Sections 157, 160 to 168, 313, 315 and 428
2006(5)KarLJ85
undue importance. The Apex Court in the case reported in 2004 SCC (Cri.) 851 has observed as thus:Criminal Procedure Code, 1973 - Sections. 157, 160 to 168 - Investigation -- Defective investigation - Effect of - Not fatal … case reported in 2004 SCC (Cri.) 851 has observed as thus:Criminal Procedure Code, 1973 - Sections. 157, 160 to 168 - Investigation -- Defective investigation … - Thus, accused cannot be acquitted solely on account of defect in investigation - Evidence Act, 1872 - Section 45 - Non-sending of bloodstained earth for chemical examination and weapons of assault and pellets for ballistic examination -
Tag this Judgment! AI Brief & AskMinaketan Muduli Vs. State of Orissa
Orissa
Nov-10-2000
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 401; Bihar and Orissa Excise Act - Sections 47; Evidence Act - Sections 45
2000(II)OLR647
Bihar and Orissa Excise Act, Section 401 of Code of Criminal Procedure, 1973(Cr.P.C.) and Section 45 of Indian Evidence Act,1872 - Concerned witness while performing … M. Papanna, J.1. Invoking the revisional jurisdiction of this Court under Section 401 of the Code of Criminal Procedure, the petitioner calls in question the legality of the judgment passed by the learned First Additional Sessions Judge, … Invoking the revisional jurisdiction of this Court under Section 401 of the Code of Criminal Procedure, the petitioner calls in question the legality of the … to be accepted as expert evidence, had sufficient knowledge deemed to be an expert within the meaning of Section 45 of the Evidence Act so that the tests adopted by him together with all the attended circumstances could
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