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Mukesh Kumar Vs. State
Delhi
Oct-27-1989
Criminal
Indian Railway Act - Sections 120 and 122; Constitution of India - Article 227; Code of Criminal Procedure (CrPC) , 1973 - Sections 54 and 482
1990CriLJ1923; 1990RLR41
10. Petition allowed. The case discussed the procedure of medical examination of the accused under Section 54 of the Criminal Procedure Code, 1973 - There were injuries on the body of person in the custody and thereforee an allegation of … for general guidance of all the Metropolitan Magistrates are issued. 7. A reading of Section 54 of the Code of Criminal Procedure makes it abundantly clear that whenever a person after being arrested is produced before a
Tag this Judgment! AI Brief & AskKurra Dasaratha Ramaiah and ors. Vs. State of Andhra Pradesh
Andhra Pradesh
Feb-04-1992
Criminal
Customs Act - Sections 104 and 135; Code of Criminal Procedure (CrPC) , 1973 - Sections 109, 110, 167, 167(2), 209, 309, 437, 437(2), 437(3) and 439(2); ;Code of Criminal Procedure (CrPC) , 1898 - Sections 54(1) and 55(1), 57 and 61; Indian Penal Code (IPC), 1860 - Sections 44B, 120B, 147, 148, 149 and 302; ;Constitution of India - Article 22
1992(1)ALT269; 1992CriLJ3485
point. For instance, in cases where a person is sought to be proceeded against under Chapter VIII of the Criminal Procedure Code, it would be open to him to represent that circumstances have materially changed and a further remand has … well to notice the relevant statutory provisions. Section 41(1) of the Cr.P.C., 1973 corresponding to the Sections 54(1) and 55(1) of the old Code 1898, … for alleged offences punishable under Ss. 120B, 44B, 147, 148, 302 read with 149 of the Indian Penal Code, seeking enlargement on bail pending enquiry and trial, has gravitated from a learned single Judge to a Division
Tag this Judgment! AI Brief & AskMrs. Surekha W/O Bibhishan Magar Vs. State of Maharashtra and anr.
Mumbai
Sep-08-1995
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 28, 393 and 433; Indian Penal Code (IPC), 1860 - Sections 54 and 302
1996(1)BomCR318; (1995)97BOMLR448
such head.15. Rule stands absolute in the above terms. [A] Indian Penal Code, 1860 - Section 54 - Criminal Procedure Code, 1973 - Section 433 - Government Guidelines dated 18.12.1978 for premature release of Prisoners - Guideline Nos. 1a … order dated 13-8-1982, this Court confirmed the order of conviction under sections 302 and 394 of Indian Penal Code, but set aside the extreme sentence of death, and instead the husband of the petitioner was sentenced to
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Mohamed Enshael Vs. Shri K.P. Gundecha, Superintendent Customs (P) and
Mumbai
Feb-10-2003
Criminal
Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 18, 35, 54, 67; Code of Criminal Procedure (CrPC) , 1973 - Sections 313; Evidence Act, 1872 - Sections, 134, 154 and 155
2004(1)BomCR465
him to explain his innocence. He submitted that retraction at the time of examination under Section 313 of Criminal Procedure Code, 1973 (hereinafter referred to as the Code for convenience), cannot be taken to be sufficient enough to brush … retraction at the time of examination under Section 313 of Criminal Procedure Code, 1973 (hereinafter referred to as the Code for convenience), cannot be taken … qua a particular accused. Unless that is done, the prosecution cannot take the advantage of presumption indicated by Section 54 in this case or in the case like the present case or different cases having different set of
Tag this Judgment! AI Brief & AskHemant Vyankatesh Agwan Vs. State of Maharashtra
Mumbai
Dec-04-1989
Criminal
Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 41, 42, 42(1), 43, 50, 50(1), 52, 52(A), 54, 55 and 57; Code of Criminal Procedure (CrPC) , 1973 - Sections 4(2) and 5
1990(1)BomCR433
Act provides that notwithstanding anything contained in the Code of Criminal Procedure, 1973, (a) every offence punishable under this Act shall be cognizable; (b) no … is well settled.'We may with respect point out that the question regarding the applicability of section 537 of the Criminal Procedure Code was not raised in K.L. Subhayya's case referred to above which was decided by a Bench of two … which results from an investigation is provided in section 190, Criminal Procedure Code as the material on which cognizance is taken. But it cannot be … was being committed before proceeding to search the car, and it was held that as the provisions of section 54 were not at all complied with, the entire search was rendered without jurisdiction and as a logical corollary,
Tag this Judgment! AI Brief & AskChandrakant Pinayamal Motwani Vs. State of Maharashtra
Mumbai
Dec-08-1999
Criminal
Liquefied Petroleum Gas Regulation of Supply and Distribution Order, 1988 - Orders 4, 6(3), 7 and 7(2); Essential Commodities Act, 1955 - Sections 3, 7, 7(1), 7(3), 10A, 11 and 36; Probation of Offenders Act, 1958 - Sections 4(1), 4(3), 4(4) and 4(5); ;Code of Criminal Procedure (CrPC) , 1973 - Sections 100, 102, 102(1), 102(2), 360 and 361; ;Old Code - Sections 550; Defence of India Rules, 1939; ;Mysore Excise Act, 1966 - Sections 53 and 54; Essential Supplies (Temporary Powers) Act, 1946
2000CriLJ1935
Act is normally vested with the powers to investigate an offence under the Code of Criminal Procedure. ;[B] Criminal Procedure Code, 1973 - Section 102 - Seizure of property - Powers of Police Officer - Any Police Officer can … liquified petroleum gas in cylinders....(2) The provisions of Section 100 of the Code of Criminal Procedure, 1973 (2 of 1974), relating to search and seizure … arrest of any person who is engaged in the commission of an offence under the said Excise Act. Section 54 of the said Act empowers certain officers like Excise Commissioner or a Deputy Commissioner or any Police Officer
Tag this Judgment! AI Brief & AskOma Ram Vs. State of Rajasthan and ors.
Supreme Court of India
Apr-21-2008
ConstitutionExcise
Rajasthan Excise Act, 1950 - Sections 4 to 9, 9A, 9B, 54, 57A, 57B, 69 and 69(4) to 69(9); Rajasthan Excise (Amendment) Ordinance, 2000 - Sections 54A; Rajasthan Excise (Amendment) Act, 2000; Indian Penal Code (IPC), 1860 - Sections 41; Evidence Act; Essential Commodities Act, 1955 - Sections 3, 6A, 6A(2), 6B, 6E and 7(1); Karnataka Excise Act, 1965 - Sections 43A and 43B; Tamil Nadu Excise Act, 1971 - Sections 4 and 14A; Uttar Pradesh Excise Act, 1910 - Sections 72; Andhra Pradesh Excise Act, 1968 - Sections 46 and 46A; Code of Criminal Procedure (CrPC) , 1973 - Sections 4, 5, 9, 451 to 457 and 482; Constitution of India - Articles 14, 19, 20, 21, 226, 227, 246(3), 254, 300A and 301
JT2008(6)SC290; 2008(7)SCALE158; (2008)5SCC502; 2008AIRSCW3595; 2008(5)SCC502; 2008(3)Supreme207; 2008(4)LH(SC)2575
provisions of Sections 451 to 457 of the Code of Criminal Procedure, 1973 (in short the 'Cr.P.C'), the criminal court has jurisdiction to release any … the President those are ultra vires;2. the amended provisions are repugnant to the provisions of the Code of Criminal Procedure and the Code of Civil Procedure;3. The amended provisions confer unguided powers on the Excise Authorities;4. By Section … ultra vires;2. the amended provisions are repugnant to the provisions of the Code of Criminal Procedure and the Code of Civil Procedure;3. The amended provisions … 1950 (in short the 'Act'). Essentially the prayers were as follows:(a) appropriate writ, order or direction, incorporation of Section 54(ka) and Sub-Sections (4) to (9) in Section 69 of the Excise Act may be declared ultra-vires and be
Tag this Judgment! AI Brief & AskJitendrabhai Chunibhai Patel Vs. State of Gujarat
Gujarat
Jul-09-2004
Civil
Constitution of India - Article 226; Gujarat Agricultural Produce Markets Act, 1963 - Sections 4, 4(1), 5, 6(1), 6(5), 7, 9(1), 11, 52, 53, 53(2), 54, 54(2) and 55; Gujarat Co-operative Societies Act, 1961 - Sections 17; Gujarat Panchayats Act, 1993 - Sections 263; Maharashtra Agricultural Produce Markets Act - Sections 44; Punjab Gram Panchayat Act, 1952; Code of Criminal Procedure (CrPC) , 1973 - Sections 307; Bombay General Clauses Act, 1904 - Sections 21; Special Court (Trial of Offences elating to Transactions in Securities) Act, 1992
(2004)3GLR560
Act, 1993, Section 44 of Maharashtra Agricultural Produce Markets Act, Punjab Gram Panchayat Act, 1952, Section 307 of Criminal Procedure Code, 1973, Section 21 of Bombay General Clauses Act, 1904 and Special Court (Trial of Offences relating to Transactions … 2001 SC 3774 wherein similar contention was raised. Section 307 of the Code of Criminal Procedure confers powers on a Magistrate to grant pardon. The … comprising of the area of Dascroi taluka of Ahmedabad district.2.2 By the Government notification dated 22.2.2001 issued under Section 54 of the Act, the State Government constituted a new market committee for APMC, Ahmedabad nominating members therein as
Tag this Judgment! AI Brief & AskRajendra Kumar Senapati, Binodini Swain, Krushna Chandra Puhana and An ...
Orissa
Aug-23-2000
CriminalNarcotics
Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 15 to 35, 37, 37(1), 41, 42, 42(1) and (2) 43, 50, 50(1), (2), (3) and (4), 51(1) and 54; Code of Criminal Procedure (CrPC) , 1973 - Sections 167(2), 437(1) and 439; Constitution of India - Articles 14, 19 and 21
91(2001)CLT75
and non-bailable.- (1) Not-withstanding anything contained in the Code of Criminal Procedure. 1973 (2 of 1974).- (a) every offence punishable under this Act shall be … diary prior to the submission of the charge-sheet or prosecution report, there is nothing in the Code of Criminal Procedure (hereinafter) referred to as 'the Code') to preclude or prevent the Court from perusing-the same for the limited … submission of the charge-sheet or prosecution report, there is nothing in the Code of Criminal Procedure (hereinafter) referred to as 'the Code') to preclude or … an, accused not withstanding the recovery of that material during an illegal search ; (8) A presumption under section 54 of the Act can only be raised after the prosecution has established that the accused was found to
Tag this Judgment! AI Brief & AskState of Haryana Vs. Mahender Singh and ors.
Supreme Court of India
Nov-02-2007
Constitution
Prisons Act, 1894 - Sections 59(5); State Reorganisation Act; West Bengal Correctional Services Act, 1992 - Sections 6; Code of Criminal Procedure (CrPC) , 1898 - Sections 401; Indian Penal Code (IPC) - Sections 54 and 55; Constitution of India - Articles 14, 20(1), 21, 32, 72 and 161; West Bengal Jail Code; Prisons Rules - Rules 2, 20 and 21; Code of Criminal Procedure (CrPC) (Amendment) Act, 1978 - Sections 432, 433 and 433A; Code of Criminal Procedure (CrPC) , 1973 - Sections 433A
2008CriLJ444; 2007(12)SCALE669; 2007AIRSCW6988
Indian Penal Code and Section 433A of the Code of Criminal Procedure, 1973. 15. The learned Counsel would contend that the executive government of the … the Local Government with a view to the passing of orders under Section 401 of the Code of Criminal Procedure, 1898.21. Save as provided by rule 20, when a prisoner has earned such remission as entitles him to … accordingly to the Local Government with a view to the passing of orders under Section 401 of the Code of Criminal Procedure, 1898.21. Save as provided by rule 20, when a prisoner has earned such remission as … the aforementioned conclusion; particularly, having regard to the provisions contained in Sections 54 and 55 of the Indian Penal Code and Section 433A of the
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