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Mishra Dhathu Nigam Ltd. Vs. State

Court : Andhra Pradesh

Subject : Company

Acts : Companies Act, 1956 - Sections 49 and 292; Code of Criminal Procedure (CrPC) , 1973 - Sections 468

Reported in : [1998]92CompCas730(AP)

the offences alleged and that in any event, the complaints are barred by limitation under section 468(2)(a) of the Criminal Procedure Code, 1973 (for short 'the Crl. P.C.'). 3.The Registrar of Companies has filed a counter contending that section 292 … and that in any event, the complaints are barred by limitation under section 468(2)(a) of the Criminal Procedure Code, 1973 (for short 'the Crl. P.C.'). 3.The Registrar of Companies has filed a counter contending that section 292 … PunishmentNo. which complaint prescribedis filed----------------------------------------------------------------------STC 11 of 1995 Failure to comply Section 49(9) Fine up towith section 49(1)(a) Rs. 5,000of the ActSTC 12 of 1995

Gulam Mohd. @ Gulal Shaikh Vs. State of Gujarat

Court : Supreme Court of India

Subject : Criminal

Acts : Prevention of Terrorism Act, 2002 - Sections 3(1A), 3(1B), 3(3), 4, 20, 21(2B), 22(3A), 22(3B), 32, 32(5) and 49; Code of Criminal Procedure (CrPC) , 1973 - Sections 439; Arms Act, 1950 - Sections 25(1B), 25(1C), 27 and 29; Terrorist and Disruptive Activities (Prevention) Act, 1987 - Sections 15; Evidence Act - Sections 25, 26 and 30; Indian Penal Code (IPC), 1860 - Sections 120B, 121, 121A, 122 and 123

Reported in : JT2009(1)SC166:2008AIRSCW7620.

background facts in a nutshell are as follows;An application in terms of Section 439 of the Code of Criminal Procedure, 1973 (in short `Cr.P.C.') and Section 49 of the Prevention of Terrorism Act, 2002 (in short `POTA') was … 2003).3. The background facts in a nutshell are as follows;An application in terms of Section 439 of the Code of Criminal Procedure, 1973 (in short `Cr.P.C.') and Section 49 of the Prevention of Terrorism Act, 2002 (in

Gujarat Pollution Control Board Vs. Nicosulf Industries and Export Pvt ...

Court : Supreme Court of India

Subject : Criminal

Acts : Water (Prevention and Control of Pollution) Act, 1974 - Sections 2, 11A, 21, 21(5), 24, 25, 43, 44, 47, 49 and 49(1); Water (Prevention and Control of Pollution) (Amendmend) Act, 1988 - Sections 49; Code of Criminal Procedure (CrPC) , 1973 - Sections 313; Constitution of India - Articles 249, 250, 252 and 252(1); Indian Penal Code

Reported in : (2009)1GLR889(SC); 2008(16)SCALE267; (2009)2SCC171

the person in charge of the unit. In the statement recorded under Section 313 of the Code of Criminal Procedure, 1973 (in short the `Code') A-3 has clearly admitted that the same is true. Reference is also made … of the unit. In the statement recorded under Section 313 of the Code of Criminal Procedure, 1973 (in short the `Code') A-3 has clearly admitted … behalf of the appellant-Board. It was pointed out that Shri Dalauti had no delegated authority as required under Section 49 of the Act and as such the complaint was filed by an incompetent person. Reference was made to

Dineshbhai Dhemenrai Vs. State of Gujarat

Court : Gujarat

Subject : CriminalNarcotics

Acts : Constitution of India - Articles 14, 19, 20(1), 20(3), 21, 21(2), 22, 22(1), 22A, 31, 32, 39A, 51-A, 71(1), 132(1), 134(1), 136(1) and 226; Code of Criminal Procedure (CrPC) , 1973 - Sections 20, 39-A, 41, 49, 50, 54, 55, 56, 57, 75, 76, 93, 94, 97, 100(4) to (8), 151, 162, 165, 167, 173(7), 191, 207, 208, 218, 228(2), 235(2), 238, 240(2), 243, 248(2), 273, 303, 304, 304(1) and (2), 309, 313, 314, 317, 327, 340, 351, 360, 363, 374, 379, 380, 386, 400, 436, 437, 439 and 479; Indian Penal Code (IPC), 1860 - Sections 303, 304 and 395; Legal Services Authorities Act, 1987 - Sections 12; Narcotics Drugs and Psychotropic Substances Act, 1985 - Sections 20; Poor Persons Defence Act, 1930; Legal Aid and Advice Act; Evidence Act, 1872 - Sections 101-104, 121 to 131, 138, 148, 149 and 165; Probatio

Reported in : (2001)1GLR603

Conviction Appeal, on hand.2. In this appeal under Section 374 of the Code of Criminal Procedure, 1973, the appellant-original-accused has assailed the legality and validity … well in the Legal Services Authorities Act, 1987, over and above the provisions made in Section 304 of the Criminal Procedure Code, 1973.41. It would be fruitful to mention the steps suggested in England to assist the unaided and unrepresented … Sees. 55 and 75 of Cr.P.C.);vii. Right of the arrested person not to be subjected to unnecessary restraint (Section 49 of Cr.P.C.);viii. Right to consult a lawyer of his own choice (Article 22(1) of the Constitution and Section

S.K. Sinha, Chief Enforcement Officer Vs. Videocon International Ltd. ...

Court : Supreme Court of India

Subject : CriminalFERA

Acts : Companies Act, 1956; Foreign Exchange Management Act, 1999 - Sections 49, 49(3) and 49(4); Foreign Exchange Regulation Act, 1973 - Sections 18(2), 18(3), 40, 56(1) and 68(1); Code of Criminal Procedure (CrPC) , 1898 - Sections 190; Code of Criminal Procedure (CrPC) , 1973 - Sections 87, 156(3), 167, 190 to 199, 200-203, 204, 468 and 482; Indian Penal Code (IPC) - Sections 161 and 165; Prevention of Corruption Act, 1947; Constitution of India - Articles 14, 136 and 227

Reported in : AIR2008SC1213; 2008(2)ALT(Cri)279; [2009]148CompCas261(SC); 2008CriLJ1636; [2008(3)JCR56(SC)]; JT2008(2)SC8; RLW2008(3)SC2147; 2008(2)SCALE23; (2008)2SCC492; [2008]81SCL507; 2008AIRSCW1203; 2008CriLJ1636; 2008(1)Crimes315; 2008(2)AICLR126; 2008(2)LH(SC)860

invoking Article 227 of the Constitution as also Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') seeking quashing … decisions, Das Gupta, J. (as His Lordship then was) stated:What is 'taking cognizance' has not been defined in the Criminal Procedure Code, and I have no desire now to attempt to define it. It seems to me clear, however, that … quashed. It was submitted that FEMA came into force from June 1, 2000 and under Sub-section (3) of Section 49 of FEMA, cognizance of an offence under FERA could have been taken within a period of two years

Ajay Bagaria Vs. Union of India (Uoi) and anr.

Court : Delhi

Subject : FERAFEMA

Acts : Foreign Exchange Regulation Act, 1973 - Sections 18(2), 18(3), 33(2), 40, 56, 59, 68 and 68(1); Foreign Exchange Management Act, 1999 - Sections 19(3), 19(4), 49(3) and 49(4); Foreign Exchange Regulation Act, 1947 - Sections 23C(1) and 23C(2); Negotiable Instruments Act, 1881 - Sections 138 and 141; Code of Criminal Procedure (CrPC) , 1973 - Sections 482

Reported in : 2008(103)DRJ324

S. Muralidhar, J.1. This petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeks the quashing of Criminal Complaint titled Chief Enforcement Officer v. Ratan Exports and Industries and … Respondent No. 2 herein, under Section 56 of the Foreign Exchange Regulation Act, 1973 (FERA) read with Sections 49 (3) and 49(4) of the Foreign Exchange Management Act, 1999 (FEMA) against the Company M/s. Ratan Exports and

Shanker Sharma Vs. Directorate of Enforcement

Court : Delhi

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 439; Foreign Exchange Regulations Act, 1973 - Sections 8(1), 19(1), 29(1), 37 and 56; Foreign Exchange Regulations Act, 1999 - Sections 49(3) and 49(4); Securities and Exchange Board of India Act, 1992

Reported in : 2002IIIAD(Delhi)910; 96(2002)DLT498; 2002(81)ECC253

S.K. Agarwal, J.1. The petitioner by this petition under Section439 of the Code of Criminal Procedure, 1973 (for short'Cr.P.C.') is seeking bail in the case under Sections8(1), 19(1)(b) of Foreign Exchange Regulation Act, 1973(fort … for non-compliance of the summons under Section 56 of the FERA read with Sub-sections (3) and (4) of Section 49 of the FEMA in the Court of CMM, Mumbai on 26th November, 2001. The Court took cognizance and … Flls, at half the prevailing market rates--Plea of bail Under Section 439, CrPC--Petitioner's plea that he is being harassed only because of tahelka.com episode is

R.K. Mahapatra and ors. Vs. Secretary to Government and anr.

Court : Andhra Pradesh

Subject : Company

Acts : Companies Act, 1956 - Sections 49, 49(1), 49(7), 49(9), 63, 211 292, 292(1), 292(3), 619(2) and 633(2); Code of Criminal Procedure (CrPC) , 1973 - Sections 211, 470(1) and 470(3)

Reported in : [1998]92CompCas809(AP)

as the stay is subsisting as on date, that period has to be excluded under section 470(1) of the Criminal Procedure Code, 1973. Further, the period of notice of prosecution has to be excluded under section 470(3) of the Criminal … is subsisting as on date, that period has to be excluded under section 470(1) of the Criminal Procedure Code, 1973. Further, the period of notice of prosecution has to be excluded under section 470(3) of the Criminal … a show-cause notice to the company on May 3, 1995, under sections 49, 211, 292, 292(1)(d) and 292(3) of the Companies Act, 1956, alleging that

Dr. C.T. Manjunath Vs. State of Karnataka and Others

Court : Karnataka

Subject : Criminal

Acts : Constitution of India - Articles 8, 14, 17, 19, 20, 21, 22, 32 and 226; Indian Penal Code (IPC), 1860 - Sections 202, 201, 302, 392 and 404; Code of Criminal Procedure (CrPC) , 1973 - Sections 41, 46, 49, 50, 53, 54, 57, 167 and 227; Human Rights Act, 1998

Reported in : ILR2000KAR3088; 2001(3)KarLJ58

statutory provisions also seek to protect personal liberty, dignity and basic rights of the citizens. Chapter V of the Criminal Procedure Code, 1973, deals with the powers of arrest of a person and the safeguards which are required to be … offences punishable under Sections 302, 202 and 404 of the Indian Penal Code. The other incidental relief sought in the petition is to direct the … the manner and method of arrest. Under this Section, no formality is necessary while arresting a person. Under Section 49, the police is not permitted to use more restraint than is necessary to prevent the escape of the

Nokolenlemba Vs. State of Nagaland and ors.

Court : Guwahati

Subject : Constitution

Acts : Constitution of India - Articles 20(3), 21, 22, 22(1), 32 and 226; Code of Criminal Procedure (CrPC) , 1973 - Sections 41, 46, 49, 50, 53, 54, 56, 57, 167 and 176

provisions also seek to protect personal liberty, dignity and basic human rights of the citizens. Chapter V of the criminal Procedure code, 1973 deals with the powers or arrest of a person and the safeguards which are required to followed … basic human rights of the citizens. Chapter V of the criminal Procedure code, 1973 deals with the powers or arrest of a person and the … the method and manner of arrest. Under this section no formality is necessary while arresting a person. Under Section 49. The police is not permitted to use more restraint than is necessary to prevent the escape of the