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Jan 25 2001

Shri Vinod Vithal Rane Vs. Shri R.H. Mendonca and ors.

Court : Mumbai

Decided on : Jan-25-2001

Subject : Criminal

Acts : Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons Act, 1981 - Sections 3(1), 5-A and 55; Code of Criminal Procedure (CrPC) , 1973 - Sections 55, 57, 107, 109, 110, 149 and 151; Bombay Police Act, 1951 - Sections 56; Constitution of India - Articles 22 and 226; Maharashtra Prevention of Communal, Anti-Social and Other Dangerous Activites Act, 1980; National Security Act, 1980 - Sections 17; Maharashtra Amendment Act, 1996; Terrorist And Disruptive Activities (Prevention) Act, 1985; Indian Penal Code (IPC), 1860 - Sections 379 and 425; Explosive Substances Act, 1908 - Sections 2; Arms Act, 1959; Drugs and Cosmetics Act, 1940; Dangerous Drugs Act, 1930

Reported in : 2001BomCR(Cri)537; (2001)2BOMLR307; 2001(2)MhLj437

record to show as to whether action under Chapter VIII of the Code of Criminal Procedure, 1973 for keeping peace was initiated against the detenu; … It is further contended that the Detaining Authority having failed to take any action under the provisions of the Criminal Procedure Code and Bombay Police Act, whose impact/ effect is cf lesser evil or minimal with reference to the deprivation … keeping peace was initiated against the detenu; that there is no material to show that externment proceeding under Section 56 of the Bombay Police Act was ever taken against the detenu. It is contended that in absence of

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Feb 27 1991

Balasaheb Kushaba Kadam and ors. Vs. State of Maharashtra and ors.

Court : Mumbai

Decided on : Feb-27-1991

Subject : Criminal

Acts : Bombay Police Act, 1951 - Sections 56, 59, 59(1), 59(2) and 62(2); Code of Criminal Procedure (CrPC) , 1973 - Sections 107

Reported in : 1991(4)BomCR565; (1991)93BOMLR988

of Chapter V(II) of the Bombay Police Act and the provisions of Chapter VIII of the Code of Criminal Procedure 1973 are distinct and different. It is true that both are preventive in nature. But the main purpose … the Bombay Police Act and the provisions of Chapter VIII of the Code of Criminal Procedure 1973 are distinct and different. It is true that … for petitioners that the orders directing to execute the bond for keeping good behaviour cannot be passed under section 56 of the Bombay Police Act, 1951, as the provision does not authorize. They further submitted that the Magistrate

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Nov 14 1986

Parle (Exports) Pvt. Ltd. and Others Vs. B.K. Solanki and Another

Court : Mumbai

Decided on : Nov-14-1986

Subject : Customs

Acts : Foreign Exchange Regulation Act, 1973 - Sections 27, 27(1), 56 and 76; Code of Criminal Procedure (CrPC) , 1973 - Sections 245(2); Estate Duty Act, 1953 - Sections 10; Supreme Court Act, 1981 - Sections 37(3)

Reported in : 1987(12)ECC265; 1987(30)ELT167(Bom)

27 (1), 56 and 76 of Foreign Exchange Regulation Act, 1947, Section 245 (2) of Criminal Procedure Code, 1973, Section 10 of Estate Duty Act, 1953 and Section 37 of Supreme Court Act, 1981 - promoters of petitioner-company … with Section 56 of the Act. An application was made by the accused persons under Section 245(2) of the Criminal Procedure Code for their discharge which application having been dismissed by the Additional Chief Metropolitan Magistrate, 8th Court, Esplanade, Bombay, … made by the accused persons under Section 245(2) of the Criminal Procedure Code for their discharge which application having been dismissed by the Additional Chief

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Feb 07 2008

Rajan Bagaria Vs. Union of India (Uoi) and ors.

Court : Delhi

Decided on : Feb-07-2008

Subject : FERACriminal

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

Reported in : 2008(101)DRJ385

quashed.18. The petition is allowed with no orders as to costs. The pending application also stands disposed of. Criminal Procedure Code, 1973Section 482 - Foreign Exchange Regulation Act, 1973--Sections 56 & 33(2)--Petitioner was not a person in charge of … Delhi insofar as it concerns the Petitioner.2. The complaint in question was filed by the Enforcement Directorate under Section 56 of Foreign Exchange Regulation Act, 1973 ('FERA') read with Sections 49(3) and 49(4) of the Foreign Exchange Management … is submitted that scope of interference by this Court under Section 482 CrPC is extremely limited and has to be sparingly used. A reference is

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Apr 02 1996

iqbal Kaur Kwatra Vs. the Director General of Police, Rajasthan State, ...

Court : Andhra Pradesh

Decided on : Apr-02-1996

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 340, 406 and 498A; Code of Criminal Procedure (CrPC) , 1973 - Sections 51, 56, 57, 60, 61, 160, 161, 167 and 167(1)

Reported in : 1996(2)ALD390; 1996(1)ALD(Cri)896; 1996(2)ALT138; 1996(1)ALT(Cri)622; 1996(1)APLJ370; 1996CriLJ2600

(1964 (2) Cri LJ 307). A learned single Judge of the Manipur High Court has observed that : 'The Criminal Procedure Code does not authorise detention by the police for 24 hours after the arrest. Sections 60 and 61, Cr.P.C., … a police officer. 19. Section 57 of the Code of Criminal Procedure, 1973 reads : '57. Person arrested not to be detained more than twenty-four … and 167 of the Code of Criminal Procedure (old), equivalent to Sections 56, 57 and 167 of the Code of Criminal Procedure (new) that unless … had been arrested in Crime No. 81 of 1994 under Sections 498A and 406 of the Indian Penal Code and besides his wearings, Rs. 800/- in cash, a small telephone directory and a driving licence were found

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Jan 31 1994

Directorate of Enforcement Vs. Deepak Mahajan and Another

Court : Supreme Court of India

Decided on : Jan-31-1994

Subject : Criminal

Acts : 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

Reported in : 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 … of Section 45 and notwithstanding anything contained in the CrPC, 1898 (5 of 1898), an offence punishable under Section 56 shall be deemed to be non-cognizable within the meaning of that Code.13. Sub-section (2) of Section 61 restricts … 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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Apr 29 2008

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

Court : Delhi

Decided on : Apr-29-2008

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 Enforcement Directorate through its Chief Enforcement Officer, Shri R.K. Rawal, 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

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Jul 31 2000

Dineshbhai Dhemenrai Vs. State of Gujarat

Court : Gujarat

Decided on : Jul-31-2000

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

heart and main theme of this 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 of thejudgment and sentence order recorded … 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 … or illegal detention in custody (Article 22 of the Constitution and Sees. 56, 57 and 76 of Cr.P.C.);vi. Right to be informed of the grounds,

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Apr 08 1999

J. Joseph Vs. Shri A.P. Nandy

Court : Delhi

Decided on : Apr-08-1999

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 482; Constitution of India - Article 21; Foreign Exchange Regulation Act - Sections 56

Reported in : 1999CriLJ3090; 79(1999)DLT541; 1999(49)DRJ649; 1999(66)ECC87

ORDERD.K. Jain, J.1. By this petition under Section 482 of the Code of Criminal Procedure, 1973 (for short the Code), the petitioner prays for quashing of the criminal complaint filed against him on … ORDERD.K. Jain, J.1. By this petition under Section 482 of the Code of Criminal Procedure, 1973 (for short the Code), the petitioner prays for … Code), the petitioner prays for quashing of the criminal complaint filed against him on 26 June, 1985 under Section 56 of the Foreign Exchange Regulation Act, 1973 (hereinafter referred to as the FERA), on the ground that more

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Oct 25 1994

Munsamy Shanmugam Vs. Collector of Customs and Another

Court : Mumbai

Decided on : Oct-25-1994

Subject : Criminal

Acts : Constitution of India - Article 22(2); Code of Criminal Procedure (CrPC) , 1973 - Sections 56

Reported in : 1995(2)BomCR672; 1995CriLJ1740

(2) of Constitution of India and Section 56 of Criminal Procedure Code, 1973 - appellant seeking his bail on ground of non-compliance of Section 56 … on bail principally on the ground of non-compliance of the provisions of Section 56 of the Code of Criminal Procedure Code. In that the petitioner contents that he was not produced for the purpose of remand before the concerned … his release on bail principally on the ground of non-compliance of the provisions of Section 56 of the Code of Criminal Procedure Code. In that the petitioner contents that he was not produced for the purpose of

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