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Ashok Kumar Alias Golu Vs. Union of India and Others
Supreme Court of India
Jul-10-1991
Constitution
Constitution of India - Articles 14, 32, 72, 141, 161, 245 and 246; Code of Criminal Procedure (CrPC) - Sections 401, 428, 432 and 433A; Rajasthan Prisons (Shortening of Sentences) Rules, 1958; Indian Penal Code (IPC), 1860 - Sections 40, 45, 53A, 54, 55, 57, 65, 116, 119, 120, 302, 303, 305, 307, 396 and 511; Indian Penal Code (Amendment) 1978; Orissa Agricultural Income-tax (Amendment) Act, 1950; Orissa Estates Abolition Act, 1952; Prisons Act, 1894; Code of Criminal Procedure (CrPC) , 1973 - Sections 433A
AIR1991SC1792; 1991CriLJ2483; JT1991(3)SC46; 1991(2)SCALE17; (1991)3SCC498; [1991]2SCR858
certain provisions of the Indian Penal Code (Amendment) Bill were interlinked with Section 433A of the Code.7. Assuming the Criminal Procedure Code (Amendment) Bill and the Indian Penal Code (Amendment) Bill were intended to provide an intergrated scheme of legislation, … Sentences) Rules, 1958, (hereinafter alluded to as 'the 1958 Rules') notwithstanding the insertion of Section 433A in the CrPC, 1973 (hereinafter called 'the Code') with effect from December 18, 1978, just two days before his conviction. His grievance … and at the same time recommended deletion of Section 303, I.P.C. It also recommended substitution of the existing Section 57, I.P.C., by a totally new section, the proviso whereto has relevance. The proposed proviso was as under:Provided that
Tag this Judgment! AI Brief & AskState of Uttar Pradesh Vs. Lakshmi Brahman and anr.
Supreme Court of India
Mar-11-1983
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 57, 84, 116, 125, 137, 138, 145, 146, 159, 167, 167(1), 167(2), 170, 190, 190(1), 193, 202, 204, 207, 209, 227, 309, 309(2), 437, 437(1) and 439; Code of Criminal Procedure (CrPC) (Amendment) Act, 1978; Indian Penal Code (IPC) - Sections 302
AIR1983SC439; 1983CriLJ839; 1983(1)Crimes797(SC); 1983(1)SCALE274; (1983)2SCC372; [1983]2SCR537
60 days as contemplated by Sub-section 2 of Section 167 of 1973 Code prior to its amendment by the Criminal Procedure Code (Amendment) Act, 1978 which enlarges the period from 60 to 90 days where the investigation relates to an … other than the police custody? The High Court was of the opinion that since after the enactment of CrPC, 1973, the proceeding before the Magistrate under Chapter XVI of the Code would not be an enquiry within the … accordance with the First Schedule or under any other law for the time in force, arrest without warrant. Section 57 provides that no police officer shall detain in custody a person arrested without warrant for a longer period
Tag this Judgment! AI Brief & AskRizwan Ahmed Javed Shaikh and ors. Vs. Jammal Patel, S.i. and ors.
Mumbai
Aug-11-1989
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 57, 197(2) and 197(3); Bombay Police Act, 1951 - Sections 48, 49, 50, 51 and 55
1990(2)BomCR297
by sub-section (3) of section 197 of the Code of Criminal Procedure, 1973 (2 of 1974), the Government of Maharashtra hereby directs that the provisions … Magistrate on 30th March, 1986 beyond 24 hours and this action is in contravention of mandatory provisions of section 57 of the Criminal Procedure Code. A grievance is also made in this complaint that there are some forgeries … Kurdukar, J.1. This writ petition under Article 226 of the Constitution of India read with section 482 of the Criminal procedure Code has been directed against the order of discharge dated 8th January, 1987 (Exh. 'H') passed by the Additional … the Constitution of India read with section 482 of the Criminal procedure Code has been directed against the order of discharge dated 8th January, 1987
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
State (Delhi Administration) Vs. Dharam Pal and Others
Delhi
Nov-04-1981
Criminal
Indian Penal Code (IPC), 1860 - Sections 34, 302, 364, 392 and 397; Code of Criminal Procedure (CrPC) , 1973 - Sections 56, 57, 167 and 344
1980CriLJ1394; 21(1982)DLT50
first part of S. 167(2) did not apply. It may be mentioned that this was a case under the Criminal Procedure Code of 1898. At that time it had been held that S. 344 permitting remand, was to be utilised … the respondents were accused of very serious offences under Sections 392/397/302/34 Penal Code; they were arrested on 29th August, 1981, on the basis of a … no longer holds good because the re-enacted provision of the Cri.P.C. of 1973, viz., Section 309 which is in the same terms as Section 344 … this section states that if the investigation cannot be completed within the period of 24 hours fixed by Section 57 and there are grounds for believing that the accusation or information is well-founded, then the officer-in-charge of a
Tag this Judgment! AI Brief & AskM.A. Dharman, Son of Appukuttan Vs. State of Andhra Pradesh by Secreta ...
Andhra Pradesh
Dec-24-1990
CriminalConstitution
Code of Criminal Procedure (CrPC) , 1973 - Sections 57, 167, 167(2), 167(3), 309, 309(2) and 437(5); Constitution of India - Articles 20, 21, 22 and 226; Customs Act, 1962 - Sections 104 and 135; Code of Criminal Procedure (CrPC) (Amendment) Act, 1978
1991(1)ALT315
detenus, we may usefully extract the provisions of Sections 57 and 167 of the Code of Criminal Procedure, 1973 :'Section 57 :-No Police Officer shall detain in custody a person arrested without warrant for a longer period than under … charge sheet the Magistrate passed an order remanding the petitioners to judicial custody under Section 309(2) of the Criminal Procedure Code. Having passed the order of remand, on 6-8-75 after taking cognizance of the offence, the learned Magistrate rejected … question of law as to the interpretation of Section 167(2)(b) of the Code of Criminal Procedure and the consequences that flow from contravention of or
Tag this Judgment! AI Brief & Askiqbal Kaur Kwatra Vs. the Director General of Police, Rajasthan State, ...
Andhra Pradesh
Apr-02-1996
Criminal
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)
1996(2)ALD390; 1996(1)ALD(Cri)896; 1996(2)ALT138; 1996(1)ALT(Cri)622; 1996(1)APLJ370; 1996CriLJ2600
A person is in custody as soon as he comes into the hands of a police officer. 19. Section 57 of the Code of Criminal Procedure, 1973 reads : '57. Person arrested not to be detained more than … (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., … 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
Tag this Judgment! AI Brief & AskState and Others Vs. E. Veeramani
Chennai
Oct-19-1994
Criminal
Indian Penal Code (IPC), 1860 - Sections 34, 109, 120B, 147, 148, 149, 302, 307, 341 and 506; Code of Criminal Procedure (CrPC) , 1973 - Sections 57, 162(2), 167, 167(1), 167(2), 309(2), 437, 437(1), 437(2), 437(5), 439, 439(1), 439(2), 441 and 442; Arms Act - Sections 25(1); Tada Act - Sections 20 and 20(4)
1995CriLJ184; 1995(1)CTC29
309 (2), 437, 437 (1), 437 (2), 437 (5), 439, 439 (1), 439 (2), 441 and 442 of Criminal Procedure Code, 1973, Section 25 (1) of Arms Act and Sections 20 and 20 (4) of TADA Act - question … There is nothing in the language of sub-section (5) of Section 497 and sub-section (2) of Section 498, Code of Criminal Procedure, to warrant such a conclusion. On the other hand, what appears from these provisions is … the very purpose of instilling a sense of urgency expected by Sections 57 and 167(2), Cr.P.C. 23. Thiru A. Natarajan, learned counsel for the respondent
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, … with the power of police to arrest persons belonging to the categories specified in Sections 109 and 110. Section 57 (corresponding to Section 61 of the old Code) injuncts that a person arrested without warrant shall not be … 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
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 … the officer-in charge of the police station to take charge of the articles seized and delivered to him. Section 57 requires a report of arrest and seizure to be made within forty eight hours after such arrest or
Tag this Judgment! AI Brief & AskMr. Uday Mohanlal Acharya Vs. State of Maharashtra, Through G.B.C.B.C. ...
Mumbai
Sep-04-2000
Criminal
Maharashtra Protection of Interest of Depositors (Financial Establishment) Act, 1999 - Sections 3, 4, 7, 8, 9. 10, 12, 13, 14, 16, 57 and 167(2); Code of Criminal Procedure (CrPC) , 1973 - Sections 5, 62, 127, 128, 129, 130, 173, 309, 436, 437, 439 and 450; Bombay Police Act, 1951 - Sections 96(1); Constitution of India - Article 254(1); Indian Penal Code (IPC), 1860 - Sections 6, 406 and 420; Narcotic Drugs and Psychotropic Substance Act, 1985; Terrorist and Disruptive Activities Prevention Act, 1987 - Sections 20(4);
2001CriLJ4563
person, shall follow the procedure prescribed in the Code of Criminal Procedure, 1973 (2 of 1974), for the trial of warrant cases by Magistrates.(2) The … the accused in custody for commission of an offence under Section 3. Section 13(2) expressly incorporates provisions of Criminal Procedure Code to the proceedings before Designated Court as far as may be applicable. The proviso to sub-section (2) of … for the offences under sections 406 and 420 of the Indian Penal Code read with section 3 of the Act of 1999. The Petitioner is … custody, and it appears that the investigation cannot be completed within the period of twenty-four hours fixed by Section 57, and there are grounds for believing that the accusation or information is well founded, the officer in charge
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