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Mar 04 1994

M/S. Deepak Corporation Vs. Pushpa Prahlad Nanderjog

Court : Mumbai

Decided on : Mar-04-1994

Subject : Commercial

Acts : Bombay Stamp Act, 1958 - Sections 31, 32-A, 33, 34, 36, 37, 39 and 41; Stamp Act, 1899 - Sections 33, 35 and 58; Code of Civil Procedure (CPC), 1908 - Order 21, Rule 2; Code of Criminal Procedure (CrPC) , 1973

Reported in : AIR1994Bom337; 1995(1)BomCR452; 1995(1)MhLj489

35 and 58 of Stamp Act, 1899, Order 21 Rule 2 of Code of Civil Procedure, 1908 and Criminal Procedure Code, 1973 - applicant filed for modification of undertaking given by petitioner - same impounded and Registrar directed to … proceeding under Chapter IX of Part D of Chapter X of the Code of Criminal Procedure 1973, makes any order admitting any instrumental evidence as … is not duly stamped. In such cases also, the document may be impounded in the manner laid downin Section 58. Section 58 provides:Section 58 'Revision of certain decisions of Courts regarding the sufficiency of stamps. (1) When any

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Mar 20 2009

State of Andhra Pradesh, Department of Legislative Affairs and Justice ...

Court : Andhra Pradesh

Decided on : Mar-20-2009

Subject : CriminalConstitution

Acts : Reserve Bank of India Act, 1934 - Sections 30, 45(S), 45T(1), 49(1), 58 and 58(E); Advocates Act, 1961; Karnataka Industrial Areas Development Act, 1966 - Regulations 7 and 13; Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 4, 5, 24, 24(1), 24(3), 24(4), 24(5), 24(7), 24(8), 30, 34, 49(1), 225 and 321; Indian Penal Code (IPC) - Sections 302 and 379; Constitution of India - Articles 14, 21, 166 and 226

Reported in : 2009(3)ALT1; 2009CriLJ2705

powers under Sub-section (8) of Section 24 of Code of Criminal Procedure 1973 appointing the respondent No. 2 as a Special Public Prosecutor under SectionSection 24 but not for Sub-clause (8) thereof, whereas such process exist. Considering scope of Section 24 of Criminal Procedure Code, on question as to competency of transferor State to appoint Special Public Prosecutor to conduct the case in … for conducting any prosecution, appeal or other proceedings in the courts within the State.14..Sub-section (8) of Section 24 CrPC is a special provision regarding the appointment of a Special Prosecutor. This power can be exercised by the … 1934 for the purpose of filing of applications and complaints under Section 58E of the said Act and prosecute them, as arbitrary, discriminatory and violative

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Apr 11 2000

K. Thyagaraj, Md, Apitl, Hyd. and Others Vs. Reserve Bank of India, Hy ...

Court : Andhra Pradesh

Decided on : Apr-11-2000

Subject : BankingCriminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 204 and 482; Reserve Bank of India Act, 1934 - Sections 58-B and C

Reported in : 2000(4)ALD532

- cognizance by magistrate - Section 204 of Code of Criminal Procedure, 1973 - complaint taken on file under Section 58-B of Reserve Bank of … it is for the trial Court to deal with such false complaints in the manner as provided in the Criminal Procedure Code. But, where assertions are made in the complaint that the accused who are the Directors of the Company … the trial Court to deal with such false complaints in the manner as provided in the Criminal Procedure Code. But, where assertions are made in the complaint that the accused who are the Directors of the Company

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Apr 19 1983

Naib Singh S/O Makhan Singh Vs. State of Punjab and ors.

Court : Supreme Court of India

Decided on : Apr-19-1983

Subject : Criminal

Acts : Indian Penal Code (IPC) - Sections 24, 25, 53, 53-A(1), 53-A(2), 55, 58, 60, 146 and 302; Prisoners Act, 1900 - Sections 32; Code of Criminal Procedure (CrPC) , 1973 - Sections 368(2), 383, 384, 386, 402, 402(1), 418, 418(2), 419, 428 and 433; Andaman and Nicobar Manual, 1908 - Sections 1(2), 1(3), 17, 24, 25 and 146; Indian Penal Code (Amendment) Act, 1955 - Sections 53A

Reported in : AIR1983SC855; 1983CriLJ1345; 1983(1)SCALE425; (1983)2SCC454; [1983]2SCR770

canvas his submission he elaborately dealt with and took us through the various provisions of the Penal Code, Criminal Procedure Code and the Prisoners Act. On giving our careful and anxious consideration to the matter we have come to … Indian Penal Code. Prior to its amendment by Section 117 of the CrPC (Amendment) Act (26 of 1955) that section prescribed the punishment of 'Transportation' … difficult to accept counsel's submission.9. Counsel pointed out that great reliance was placed by the Privy council on Section 58 of the Indian Penal Code, which was in force then (since repealed by Amending Act 26 of 1955), … entitled to the benefit of a set-off under Section 428 Cr. P.C. 1973 as interpreted by this Court in Kartar Singh's : 1982CriLJ1772 case), the

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Dec 22 2005

Ashok Gyanchand Vohra Vs. the State of Maharashtra and anr.

Court : Mumbai

Decided on : Dec-22-2005

Subject : Criminal

Acts : Maharashtra Control of Organized Crime Act, 1999 - Sections 1 to 4, 5, 5(1), 6, 7, 8, 9, 9(1), 9(2), 9(3), 9(4), 10, 11, 17, 18, 19, 20, 21, 22, 23, 23(1), 23(2), 24, 25, 29, 50 and 58(1); Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 2(2), 3, 4, 4(2), 6, 9, 24, 25, 26, 36, 39, 154 to 176, 190, 190(1), 193, 195, 197, 197(1), 200 to 203, 204, 340 and 438; Indian Penal Code (IPC), 1860 - Sections 34, 120B, 143, 147, 149, 166, 182, 191, 192, 193, 195, 196, 218 and 323; Prevention of Terrorism Act, 2002 - Sections 29, 29(1) and 50; Terrorists and Dangerous Activities Act; Maharashtra Control of Organized Crimes Act, 1990; Terrorist and Disruptive Activities (Prevention) Act, 1987 - Sections 14(1), 20A(1) and 20A(2); narcotics Drugs and Psychotropic Substances Act, 1985; Prevention of

Reported in : 2006CriLJ1270; 2006(3)MhLj163

in which the trials could be made under the Criminal Procedure Code, 1973 was considered grossly inadequate to deal with such special kind of offences. … by the Act does not come into existence. It is not in the hierarchy of Courts mentioned in the Criminal Procedure Code. It is not a Court of Magistrate. It is not Court of Sessions. Section 156 specifically contemplates Magistrate … complaint alleging commission of offences under the MCOC Act and order investigation under section 156(3) of Criminal Procedure Code when section 23 of the MCOC Act specifically bars it.3. Special Court is not a Court of Sessions … the Prevention of Terrorism Act are contained in sections 29, 50 and 58(1) of that act, which according to the bench are similar to the

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Oct 08 2007

Shanti Lal Vs. State of M.P.

Court : Supreme Court of India

Decided on : Oct-08-2007

Subject : NarcoticsCriminal

Acts : Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 8, 18, 27, 27(2), 56, 57, 57(1), 58, 58(1), 59, 60, 65 and 65(1); General Clauses Act, 1897 - Sections 25; Indian Penal Code (IPC), 1860 - Sections 40, 41, 42, 63 to 70 and 304; Towns Nuisances Act (Madras), 1889 - Sections 3 and 3(10); Calcutta Municipal Act, 1923; Bihar Wakfs Act, 1947 - Sections 58; Code of Criminal Procedure (CrPC) , 1973 - Sections 29, 30, 30(1) and 33; Code of Criminal Procedure (CrPC) , 1898 - Sections 33

Reported in : 2007(2)BLJR2814; 2008CriLJ386; JT2007(12)SC1; 2008(1)KLT503(SC); 2008(1)MPHT1(SC)

learned Counsel contended that the provisions of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'CrPC') make it clear that a Court of … is, included in the first, then Section 65 applies to it also; but, in any case, Section 33, Criminal Procedure Code, imposes the same limit in unmistakable terms. It seems to me unreasonable to suppose that the Legislature did … would, after his death, be legally liable for his debts.17. Section 30, CrPC provides for 'sentence of imprisonment in default of fine.' It is also … in Bashiruddin Ashraf v. State of Bihar . There a mutawalli was charged for violating the provision of Section 58 of the Bihar Wakfs Act, 1947 (Bihar Act VIII of 1948) for not discharging the obligation enjoined upon

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Oct 14 2004

JaIn Transport Services Vs. Inspector of Motor Vehicles

Court : Gujarat

Decided on : Oct-14-2004

Subject : Motor Vehicles

Acts : Motor Vehicles Act, 1988 - Sections 2, 2(4), 2(15), 2(36), 2(39), 2(44), 2(48), 2(49), 7, 23, 39, 41, 41(4), 46, 47, 49, 50, 52, 55, 55(5), 58, 58(1), 58(3), 59(1), 75(1), 112(1), 113, 114, 115, 116, 163(1), 163A(4), 194, 200, 200(2), 211, 212, 213 and 213(4); Motor Vehicles Rules, 1989 - Rules 95, 126 and 126A; Code of Criminal Procedure (CrPC) , 1973 - Sections 94; Constitution of India - Articles 14, 19, 21 and 226; Indian Penal Code (IPC), 1860

Reported in : AIR2005Guj51; (2004)3GLR2689

answer any question or make any statement tending to incriminate himself. (6) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974) shall, so far as may be apply to any search or seizure under this … in respect of such vehicle shall be effective throughout India. 6.4 The procedure of registration is stated in Section 58 which reads as under: '58. Special provisions in regard to transport vehicles (1) The Central Government may, having … to be a public servant within the meaning of the Indian Penal Code, 1860 (45 of 1860). (3) The State Government may make rules to

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Jul 28 2006

Raghavan Vs. C.D.R.F.

Court : Kerala

Decided on : Jul-28-2006

Subject : Consumer

Acts : Consumer Protection Act, 1986 - Sections 25, 25(1), 25(2), 25(3) and 27; Kerala Revenue Recovery Act - Sections 65; Code of Criminal Procedure , 1973; Indian Penal Code; Code of Civil Procedure (CPC) - Sections 58; Constitution of India - Article 20(2); Code of Criminal Procedure (Amendment) Act, 2002

Reported in : 2006(3)KLT706

but which may extend to ten thousand rupees, or with both:(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973(2 of 1974), the District Forum or the State Commission or the National Commission, as the case may … to ten thousand rupees, or with both:(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973(2 of 1974), the District Forum or the State … revenue recovery proceedings. It will also be profitable in this context to note that the coercive steps under Section 58 of the Code of Civil Procedure and Section 65 of the Kerala Revenue Recovery Act stipulate that there

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Jun 26 1989

Wilfred Joseph Dawood Lema Vs. State of Maharashtra

Court : Mumbai

Decided on : Jun-26-1989

Subject : Criminal

Acts : Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 8, 21, 22, 27 and 41 to 58; Code of Criminal Procedure (CrPC) , 1973 - Sections 103, 313 and 165

Reported in : 1990CriLJ1034

Act, 1985 and Sections 103, 313 and 165 of Criminal Procedure Code, 1973 - appeal against conviction under Section 8 (c) read with Section 22 … the presence of, a Gazetted Officer or a Magistrate. The appellant whose further statement under Section 313 of the Criminal Procedure Code was recorded in this court, seems to be understanding English but does not seem to be speaking English … a Gazetted Officer or a Magistrate. The appellant whose further statement under Section 313 of the Criminal Procedure Code was recorded in this court, seems to be understanding English but does not seem to be speaking English … the said case that :-'Even if the provisions of sections 41 to 58 of this Act are mandatory and were not complied with this procedural

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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 … jurisdiction to authorise detention of that person Under Section 167(2) of the CrPC ?2. As a preclude to the judgment, we would like to state … 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 … shall take cognizance -(i) of any offence punishable under Sub-section (2) of Section 44 or Sub-section (1) of Section 58, -(a) Where the offence is alleged to have been committed by an officer of Enforcement not lower in

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