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Attiq-ur-rehman Vs. Municipal Corporation of Delhi and Another
Supreme Court of India
Feb-29-1996
Criminal
Delhi Municipal Corporation Act, 1957 - Sections 313, 332, 333, 334, 343, 344, 345, 347, 461, 466, 467, 469, 470 and 471; Code of Criminal Procedure (CrPC) , 1973 - Sections 4, 5, 6, 8, 11, 12, 14 and 16; Indian Penal Code (IPC), 1860
AIR1996SC1267; 1996(1)ALD(Cri)831; 1996CriLJ1997; JT1996(2)SC670; 1996(4)KarLJ740; 1996(2)SCALE557; (1996)3SCC37; [1996]3SCR19
to notice some of the relevant provisions of the Act and the Code of Criminal Procedure 1973 (hereinafter Cr. P.C.)9. Section 466(a) of the Act … on him.22. From a plain reading of Section 4 Cr. P.C. (supra) it emerges that the provisions of Criminal Procedure Code are applicable where an offence under the Indian Penal Code or under any other law is being investigated, … on 17th November, 1989 filed a criminal complaint (Case No. 533 of 1989) under Section 332 read with Section 461 of the Delhi Municipal Corporation Act, 1957 (hereinafter 'the Act') against the appellant in the Court of Sh.
Tag this Judgment! AI Brief & AskC.A. Pious Vs. the State of Kerala and anr.
Supreme Court of India
Sep-14-2007
Criminal
Uttar Pradesh Prisoners' Release on Probation Act, 1938; Indian Penal Code (IPC) - Sections 55 and 302; Code of Criminal Procedure (CrPC) , 1973 - Sections 432, 432(6), 433 and 433A; Kerala Prison Rules, 1958 - Rules 225, 225(2), 280A, 452B, 453, 455 and 461; Constitution of India - Articles 20(1), 72 and 161
AIR2007SC3221; 2007CriLJ4697; JT2007(11)SC344; 2007(4)KLT380(SC); 2007(11)SCALE123; (2007)8SCC312
High Court.5. Rule 280-A provides for suspension of sentence as empowered under Section 432(6) of the Code of Criminal Procedure, 1973 (in short 'Cr.P.C.') for the period of leave for the purpose of study. The special rules framed … Central Jail, Kannur in view of the conviction for offence punishable under Section 302 of the Indian Penal Code, 1860 (in short the IPC). He made a claim before the State Government that the Kerala Prison Rules, … period of study has to be reckoned. Reference is made to Rule 461. Learned Counsel for the State on the other hand supported the order
Tag this Judgment! AI Brief & AskVaman Narayan Ghiya Vs. State of Rajasthan
Rajasthan
Mar-09-2004
Criminal
Antiquities and Art Treasures Act, 1972 - Sections 3, 14, 25(1), 25(2) and 26; Code of Criminal Procedure (CrPC) - Sections 90(1), 190, 190(1), 207, 209, 267, 269 and 461
RLW2004(3)Raj1380; 2004(2)WLC769
Judicial Magistrate No. 21, Jaipur City. The petitioner by moving application under Section 190 of the Code of Criminal Procedure (for short 'CrPC') read with Section 26 AAT Act raised objections as to the jurisdiction of the Magistrate … a new provision introduced for the first time in the Code of 1973. This was done to overcome the controversy about investigation of non-cognizable offences … that cognizance of the offences was rightly taken by the learned Magistrate Provisions contained in Clause (e) of Section 461 CrPC may conveniently be referred at this juncture which provides that if a Magistrate takes cognizance under Clause
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Bhoja Babu Salian Vs. State of Maharashtra
Mumbai
Apr-07-1983
Criminal
Indian Penal Code (IPC), 1860 - Sections 467, 457, 458, 461, 472 and 419; Code of Criminal Procedure (CrPC) , 1973 - Sections 446; Code of Criminal Procedure (CrPC) , 1898 - Sections 514
1983(2)BomCR165
bond - Sections 467, 457, 458, 461, 472 and 419 of Indian Penal Code, 1860, Section 446 of Criminal Procedure Code, 1973 and Section 514 of Criminal Procedure Code, 1898 - proceedings initiated against surety for abscondance of accused … accused Nos. 1 and 3 under sections 467, 457, 458, 461, 472 and 419 of the Indian Penal Code. Both accused pleaded not guilty. Issue summonses to prosecution witnesses.'The notice issued to the petitioner states as follows
Tag this Judgment! AI Brief & AskMeenakshi Rawal Vs. State and ors.
Delhi
Apr-30-2008
Criminal
Delhi Municipal Corporation Act - Sections 347, 461, 466A and 471; Code of Criminal Procedure (CrPC) , 1973 - Sections 468
2008(104)DRJ252
is hereby quashed being barred by period of limitation. Consequently, the summoning order dated 24.4.2006 also stands quashed. Criminal Procedure Code, 1973Section 482 - Inherent power--Seeking to quash the summoning order passed in criminal complaint under Section 347/461 of … such offence was brought to the notice of the complainant. In our view, therefore, Section 468 of the Code of Criminal Procedure is not applicable as the offences under the DMC Act will be covered by the … Consequently, the summoning order dated 24.4.2006 also stands quashed. Criminal Procedure Code, 1973Section 482 - Inherent power--Seeking to quash the summoning order passed in criminal
Tag this Judgment! AI Brief & AskState of Karnataka Vs. Byraiah
Karnataka
Jun-09-1986
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 155(2), 198, 200, 461 and 465
ILR1987KAR730
to dispose of the same in accordance with law and in the light of the observations made above. CRIMINAL PROCEDURE CODE, 1973 (Central Act No 2 of 1974) - Section 198 -- Complaint of offences corned by Section, to … offence in violation of the provisions contained in Section 198 Cr.P.C. are neither covered by the provisions under Section 461 nor the same are curable as provided under Section 465 Cr.P.C. Any inquiry and trial made in violation … the offence of defamation punishable under Section 500 of the Indian Penal Code. The Magistrate, instead of taking cognizance of the offence himself referred the
Tag this Judgment! AI Brief & AskUnion of India (Uoi) Vs. Jasbhai and anr.
Madhya Pradesh
Aug-27-1980
ExciseCriminal
Central Excise Act, 1944 - Sections 9(1); Central Excise Rules, 1944 - Rule 151; Constitution of India - Article 21; Code of Criminal Procedure (CrPC) , 1973 - Sections 260, 377(2), 386 and 461; Indian Penal Code (IPC), 1860 - Sections 379, 380 and 381
1981(8)ELT902(MP)
aforesaid appeals against the respective impugned judgments of the trial Court under Section 377(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') against the sentences awarded on the ground of its inadequacy and … respective impugned judgments of the trial Court under Section 377(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') against the … term exceeding two years.9. At this stage it would be pertinent to set cut the relevant portion of Section 461 of the Code :'461. Irregularities which vitiate proceedings.- If any Magistrate, not being empowered by law in this
Tag this Judgment! AI Brief & AskNyaya Bhoomi (a Regd. Society) Vs. Municipal Corporation of Delhi and ...
Delhi
Jul-27-2005
Civil
New Delhi Municipal Council Act, 1994 - Sections 397(1); Delhi Municipal Corporation Act, 1957 - Sections 387, 397, 397(1), 461, 465, 470, 473, 473(3) and 473(4); Code of Criminal Procedure (CrPC) , 1973 - Sections 18(1)
123(2005)DLT12; 2005(83)DRJ511
under sub-section (1) of Section 18 of the Code of Criminal Procedure, 1973. It is in view of the aforesaid position, it is competent for … National Capital Territory of Delhi to appoint Magistrate under Section 20 and/or Section 21 of the Code of Criminal Procedure for each Board/Circle/Ward for ensuring compliance of the provisions of the MCD and NDMC Acts and to try … Delhi to appoint Magistrate under Section 20 and/or Section 21 of the Code of Criminal Procedure for each Board/Circle/Ward for ensuring compliance of the provisions … discontinue to do such house scavenging without reasonable cause or without having fourteen days' notice to his employer.'14. Section 461 of DMC Act is required to be referred at this stage, which provides for punishment for certain offences.
Tag this Judgment! AI Brief & AskDeepa Singh Vs. State
Delhi
Mar-03-1998
Criminal
Delhi Municipal Corporation Act, 1957 - Sections 5, 332, 461, 466-A, 467, 469 and 470; Code of Criminal Procedure (CrPC), 1973 - Sections 4(2) and 173
1998IVAD(Delhi)492; 1998(46)DRJ90
the one which is laid down in the Code of Criminal Procedure, 1973. Much stress was laid by the learned counsel for the petitioner on … Code of Criminal Procedure. The learned Metropolitan Magistrate took cognizance of the offence under Section 332 read with Section 461 of the Act and proceeded to frame charge against the petitioner. At that stage the petitioner took the … ORDERAnil Dev Singh, J.1. This is a petition under Section 482 of the Code of Criminal Procedure for quashing the order dated 1st December, 1993 passed by Mr. S.P. Garg, Metropolitan Magistrate, Shahdara in case … Dev Singh, J.1. This is a petition under Section 482 of the Code of Criminal Procedure for quashing the order dated 1st December, 1993 passed
Tag this Judgment! AI Brief & AskState of U.P. Vs. Paras Nath Singh
Supreme Court of India
May-05-2009
Criminal
Prevention of Corruption Act - Sections 5(2) and 6(1); Indian Penal Code (IPC), 1860 - Sections 120B, 406, 409, 420, 461, 467, 468 and 471; Code of Criminal Procedure (CrPC) , 1973 - Sections 190, 193, 197, 197(1), 197(2), 218, 219, 220, 313 and 464
2009CriLJ3069; JT2009(13)SC625; 2009(8)SCALE553; 2009(6)SCC372
observed that in view of the provisions contained under Sections 218, 219 and 220 of the Code of Criminal Procedure, 1973 (in short 'Code') charges could not have been framed in respect of the transaction for more than … was directed to be acquitted of the charges relatable to Sections 409 and 468 of the Indian, Penal Code, 1860 (in short 'IPC'). The only factor which weighed with the High Court in refusing grant of leave … the accused-respondent was directed to be acquitted of the charges relatable to Sections 409 and 468 of the Indian, Penal Code, 1860 (in short 'IPC'). … faced trial for alleged commission of offence punishable under Sections 409, 420, 461 and 468 IPC. The trial court held that the accused was guilty
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