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Shankaria Vs. State of Rajasthan
Supreme Court of India
Apr-26-1978
Criminal
Code of Criminal Procedure (CrPC) , - Sections 164, 164(2), 164(3), 313, 342 and 343; Indian Penal Code (IPC) - Sections 302, 307, 380, 459 and 460; Evidence Act - Sections 24; Identification of Prisoners Act, 1920 - Sections 4 and 5
1978CriLJ1251; (1978)3SCC435; [1978]3SCR736; AIR 1978 SC 1248
Singh. Criminal - murder - Sections 31, 164, 164 (2), 164 (3), 311, 313, 342 and 343 of Criminal Procedure Code, 1973, Sections 302, 307, 380, 459 and 460 of Indian Penal Code, 1860, Sections 24 and 45 of … that be a fact, it would amount to a contravention of Sub-section (3) of Section 164 of the CrPC, 1973, giving rise to an inference that the confession was not voluntary.27. It is proposed to deal with these
Tag this Judgment! AI Brief & AskRaghbir Singh Vs. State of Haryana
Supreme Court of India
Sep-13-1984
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 427 and 428; Indian Penal Code (IPC), 1860 - Sections 307, 380, 411, 457 and 459; Constitution of India - Article 32
AIR1984SC1796; 1984(2)Crimes569(SC); 1984(2)SCALE365; (1984)4SCC348; [1985]1SCR724
other contention is urged.9. In the result the petition is dismissed. Criminal - investigation - Section 428 of Criminal Procedure Code, 1973 - to secure benefit of Section 428 prisoner to show that he had been detained in prison … term of imprisonment imposed on him on being convicted of the latter offence, Under Section 428 of the CrPC, 1973 (hereinafter referred to as 'the Code').2. The facts relevant for the purpose of this case are these: The … the Addl. Sessions Judge, Karnal. In the same case, he was also convicted of an offence punishable Under Section 459 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for five years and to pay a
Tag this Judgment! AI Brief & AskRanjita Rani Sahoo Vs. State of Orissa
Orissa
Feb-09-2005
CriminalProperty
Orissa Electric Supply-Line Material (Unlawful Possession) Act, 1988 - Sections 3, 6, 6(3), 6(4), 7, 8 and 9; Code of Criminal Procedure (CrPC) , 1973 - Sections 451 to 459; Indian Penal Code (IPC) - Sections 34, 379 and 411
2005(I)OLR604
this Act shall, notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) forward a copy of the seizure list to the … than to make over the property seized to the Authorised Officer notwithstanding anything contained in the Code, of Criminal Procedure. Therefore, the Authorised Officer alone is competent to deal with the application for release of the seized property.3. … the property seized to the Authorised Officer notwithstanding anything contained in the Code, of Criminal Procedure. Therefore, the Authorised Officer alone is competent to deal … entitled to the possession thereof. Section 458 provides the procedure where no claimant appears within six months and Section 459 empowers the Magistrate to sell the perishable property. All the above are provisions dealing with disposal of the
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Mahendra Harjivan Luhar Vs. State of Gujarat and ors.
Gujarat
Feb-05-1999
Criminal
Indian Penal Code (IPC) - Sections 302, 397, 411 and 459; Constitution of India - Articles 19, 21, and 226; Code of Criminal Procedure (CrPC) - Sections 282, 286 and 378
1999CriLJ3025; (1999)2GLR729
Code, 1860, Articles 19, 21 and 226 of Constitution of India and Sections 282, 286 and 378 of Criminal Procedure Code - appeal against conviction under Sections 302, 397, 411 and 459 of Indian Penal Code, 1860, Articles 19, … is laid down in Section 385 of the Code of Criminal Procedure, 1973. Accordingly, a notice of time and place at which the appeal will … herein, in connection with the offences punishable under Sections 302, 459, 397 and 411 of the Indian Penal Code and it was the respondent No. 5 who was taken in custody during the trial of Sessions Case
Tag this Judgment! AI Brief & AskSridhar Jena and anr. Vs. State of Orissa
Orissa
Feb-27-2002
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 190(1) and 362
2002(I)OLR669
ORDERB.P. Das, J.1. This application under Section 482 of the Code of Criminal Procedure. 1973 (in short 'Cr.P.C.') is directed against the order dated 9.11.2000 (Annexure-2) passed by the learned Judicial Magistrate … ORDERB.P. Das, J.1. This application under Section 482 of the Code of Criminal Procedure. 1973 (in short 'Cr.P.C.') is directed against the order dated 9.11.2000 (Annexure-2) passed by the … Cognizance of - Power of Magistrate - Sections143,149, 323, 325, 427,395,452 and 459 of Indian Penal Code,1860(IPC) and Sections 190(1), 190(1)(b) and 190(1)(c) of Code
Tag this Judgment! AI Brief & AskNasib Singh Vs. State
Delhi
Aug-07-1973
Criminal
Code of Criminal Procedure (CrPC) , 1898 - Sections 525; Code of Criminal Procedure (CrPC) , 1973 - Sections 459
12(1976)DLT230; 1973RLR684
now been filed by the Police in the court. (5) Sections 516A to 525 in Chapter 43 of the Criminal Procedure Code deal with the power of court in the matter of disposal of property, Sections 515A and 517 deal … by the Police in the court. (5) Sections 516A to 525 in Chapter 43 of the Criminal Procedure Code deal with the power of court in the matter of disposal of property, Sections 515A and 517 deal … which was registered under P.I.R. No. 55 dated 22nd January, 1972 under section 379 IPC. The report was filed as untraced. The said car was
Tag this Judgment! AI Brief & AskOm Prakash Vs. State (Nct of Delhi)
Delhi
Jun-22-2005
Criminal
Indian Penal Code (IPC), 1860 - Sections 34, 121A, 122, 128, 130, 131, 132, 194, 238, 255, 304, 313, 314, 326, 329, 364, 371, 372, 376, 376(2), 377, 386, 394, 395, 400, 409, 412, 413, 436, 438, 449, 459, 460, 467, 489A, 489B, 489D and 506; ;Code of Criminal Procedure (CrPC) , 1973 - Sections 167(2); Code of Criminal Procedure (CrPC) (Amendment), 1973 - Sections 167; Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999; ;Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 15, 16, 17, 18 and 19; ;Anti-Hijacking Act, 1982 - Sections 4
121(2005)DLT686
of proviso (a)(ii) to section 167 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'CrPC'). thereforee, some dates would be relevant. … great injustice to the accused and would defeat the very purpose of the proviso to Section 167(2) of the Criminal Procedure Code and further would make an illegal custody to be legal, inasmuch as after the expiry of the stipulated … an application before the Magistrate claiming release on bail in terms of proviso (a)(ii) to section 167(2) of CrPC. While the application was pending, the charge-sheet was filed on 12.5.2005. When the said application came to be … 372, 376, 377, 394, 395, 400, 409, 412, 413, 436, 438, 449, 459, 460, 467, 489A, 489B, 489D) which provide punishment with imprisonment for life
Tag this Judgment! AI Brief & AskHaradhan Sen and Nemai Ghatwal Vs. State
Kolkata
Apr-20-2004
Criminal
Indian Penal Code (IPC), 1860 - Sections 109, 148, 149, 302, 380 and 459; ;Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 24, 24(6), 25, 107, 173, 173(2), 225, 301, 301(1), 301(2), 302, 313, 314 and 493
2004(2)CHN527,2004CriLJ3881
a case that ended in acquittal of the accused person. Accordingly, Mr. Mukherjee referring to the Scheme of Criminal Procedure Code especially the addition of Sub-section (2) of Section 301 and the enabling provision of Section 302 of the … Kanta Sen, 9) Kazimat Mia faced a trial under Sections 148, 149/159, 149/302, 149/380 of the Indian Penal Code, but seven of them were acquitted, and Haradhan Sen and Nemai Ghatwal were found guilty and both of … separate sentence was imposed for the offences under sections 148, 380 and 459 of the I.P.C.2. Against the said judgment of conviction and sentence dated
Tag this Judgment! AI Brief & AskMithu Vs. State of Punjab
Supreme Court of India
Apr-07-1983
Constitution
Indian Penal Code (IPC), 1860 - Sections 121, 121-A, 122, 124-A, 125, 128, 130, 131, 132, 194, 222, 225, 232, 238, 255, 300, 302, 303, 304, 305, 307, 311, 313, 314, 326, 329, 363-A, 364, 371, 376, 388, 389, 394, 395, 396, 400, 409, 412, 413, 436, 438, 449, 459, 460, 467, 472, 474, 475, 477, 489-A, 489-B, 489-D and 511; Constitution of India - Articles 14 and 21; Code of Criminal Procedure (CrPC) , 1973 - Sections 235(2), 354(3), 397, 397(2) and 427(2)
AIR1983SC473; 1983CriLJ811; 1983(1)Crimes957(SC); 1983(1)SCALE331; (1983)2SCC277; [1983]2SCR690
was to run concurrently with the previous sentence of transportation. It was in 1955 that Section 397 of the Criminal Procedure Code of 1898 was replaced by a new Section 397 by Amendment Act 26 of 1955. Under the new … imprisonment or the sentence of death. The normal sentence for murder is life imprisonment. Section 354(3) of the CrPC, 1973 provides:354(3) When the conviction is for an offence punishable with death or, in the alternative, with imprisonment for … 388, 389, 394, 395, 396, 400, 409, 412, 413, 436, 438, 449, 459, 460, 467, 472, 474, 475, 477, 489-A, 489-B, 489-D and Section 511
Tag this Judgment! AI Brief & AskPandi and Another Vs. the State
Chennai
Dec-18-1996
Criminal
Indian Penal Code (IPC), 1860 - Sections 34, 302, 380, 392 and 459; Code of Criminal Procedure (CrPC) , 1973 - Sections 164, 164(4), 281 and 313; Evidence Act - Sections 114 and 114A
1997CriLJ2964
the Magistrate P.W. 9. It is strenuously contended by learned counsel for the appellants that since the mandatory procedure as contemplated under Section 164, Cr.P.C. has not been complied with, the evidence relating to the judicial confession … finger prints - Sections 34, 302, 392 and 459 of Indian Penal Code, 1860 and Section 114 of Indian Evidence Act - appeal against sentence … finger prints - Sections 34, 302, 392 and 459 of Indian Penal Code, 1860 and Section 114 of Indian Evidence Act - appeal against sentence … the stolen jewels, it may not be sufficient to draw an adverse inference against the accused to faster criminal liability on them for the offence under Section 302, IPC. In that decision, it is held as follows
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