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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 … an order to execute security bonds with or without surety for attendance during the enquiry. Sub-section (2) of section 62 also empowers authority making order under sections 55, 56, 57 or 57-A to permit the re-entry of the

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Feb 02 1989

Assistant Collector of Customs Vs. Shaikh Abdul Karim

Court : Mumbai

Decided on : Feb-02-1989

Subject : Customs

Acts : Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 41, 42, 43, 51, 52, 52(2), 53, 55 60, 60(3), 61, 62, 63(2) and 63(3); Code of Criminal Procedure (CrPC) , 1973 - Sections 451, 457, 457(1) and 482

Reported in : 1990(47)ELT505(Bom)

is as follows :'Section 51. Provisions of the Code of Criminal Procedure, 1973 to apply to warrants, arrests, searches and seizures - The provisions of … Gupte further submitted that the Act provides for seizure and arrest, and to that extent the provisions of the Criminal Procedure Code will not apply at all. In this connection he relied upon sections 41, 42, 43, 51, 52, 53 … be confiscated ultimately. He further submitted that Section 451 of the Cr.P. Code or for that matter Section 457 of the Cr.P. Code will have … decide whether any article or thing seized under this Act is liable to confiscation under Section 60 or Section 62 and, if it decides that the article is so liable, it may order confiscation accordingly.(2) Where any article

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Feb 27 1986

Divisional Forest Officer Vs. Kallur Rangappa

Court : Karnataka

Decided on : Feb-27-1986

Subject : Civil

Acts : Karnataka Forest Act, 1963 - Sections 62(1), 71, 71A, 71C, 71D and 71G; Code of Criminal Procedure (CrPC) , 1973 - Sections 397 and 401; Constitution of India - Article 226

Reported in : ILR1986KAR1029; 1986(1)KarLJ348

also revisable by this Court under Section 397 read with Section 401 of the Code of Criminal Procedure.;(B) CRIMINAL PROCEDURE CODE, 1973 (Central Act No 2 of 1974) - Section 397 READ WITH Section 401 -- Order of Sessions … by this Court under Section 397 read with Section 401 of the Code of Criminal Procedure. When there is such a specific remedy available to … Single Judge under Article 226 of the Constitution of India directing interim custody of the vehicles seized under Section 62 of the Karnataka Forest Act, 1963, ('the Act').2. The vehicles have been seized by the concerned Forest Officer/Police

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Mar 24 2000

Rajesh Rai Vs. State of Sikkim

Court : Sikkim

Decided on : Mar-24-2000

Subject : Criminal

Acts : Evidence Act, 1872 - Sections 62; Code of Criminal Procedure (CrPC) 1973 - Sections 154, 156, 157, 174, 293(1), 293(2) and 293(4); Indian Penal Code (IPC), 1860 - Sections 302

Reported in : 2002CriLJ1385

that reason alone, his report does not become inadmissible in evidence. Section 293 (1) of the Code of Criminal Procedure 1973 provides that any document purporting to be a report under the hand of a Government scientific expert … report does not become inadmissible in evidence. Section 293 (1) of the Code of Criminal Procedure 1973 provides that any document purporting to be a … such, each was primary evidence of the contents of the rest within the meaning of explanation 2 to Section 62 of the Evidence Act. In this view, we get support from Prithi Chand v. State of Himachal Pradesh

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Sep 04 2000

Mr. Uday Mohanlal Acharya Vs. State of Maharashtra, Through G.B.C.B.C. ...

Court : Mumbai

Decided on : Sep-04-2000

Subject : Criminal

Acts : 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);

Reported in : 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 … to the Commissioner or such other officer as the Commissioner may direct in that behalf.(2) Nothing contained in section 62 of the Code of Criminal Procedure. 1898, shall operate to require any officer in charge of a Police … 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

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Apr 16 2002

State of Karnataka Vs. K.A. Kunchindammed

Court : Supreme Court of India

Decided on : Apr-16-2002

Subject : Criminal

Acts : Karnataka Forest Act, 1963 - Sections 2(7), 2(18), 62, 62(1), 62(3), 65, 66, 67, 69, 70, 71, 71A, 71A(3), 71C, 71D, 71E, 71F and 71G; Code of Criminal Procedure (CrPC) , 1973 - Sections 482

Reported in : AIR2002SC1875; (SCSuppl)2002(4)CHN157; 2002CriLJ2565; 2002(2)Crimes228(SC); JT2002(4)SC255; 2002(3)SCALE706; (2002)9SCC90; [2002]3SCR162; 2002(2)LC855(SC)

petition. The respondent challenged the order of the Sessions Judge by filing a petition under Section 482 of the Criminal Procedure Code (for short 'Cr.P.C.) before the High Court of Karnataka, which is registered as Criminal Petition No. 3670/2000. The … contrary contained in this Act or in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) or in any other law for the … it the Authorized Officer under the Act or the Magistrate under the Code of Criminal Procedure?3. The facts of the case relevant for appreciating the … magistrate by virtue of the relevant provisions of the Cr.P.C. read with Clause (b) of Sub-Section 3 of Section 62 of the Act who has the jurisdiction to consider the request for custody of the vehicle allegedly used

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Jul 28 2006

Chumman Singh and ors. Vs. the State of Bihar

Court : Patna

Decided on : Jul-28-2006

Subject : Criminal

Acts : Evidence Act - Sections 32, 62 and 65; Code of Criminal Procedure (CrPC) , 1973 - Sections 482

I.P. Singh, J.1. This is an application filed under Section 482 of the Code of Criminal Procedure, 1973(in short the Code). It is directed against the order dated 3.6.2006 passed by Addl. Sessions Judge, IX, … Singh, J.1. This is an application filed under Section 482 of the Code of Criminal Procedure, 1973(in short the Code). It is directed against the … Act).4. From the impugned order it appears that the learned court below has relied on explanation 2 of Section 62 of the Act and on this ground he has treated the medical certificates as primary evidence. Leaned counsel

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May 21 2010

Annapurna Industrial Resources Limited and ors. Vs. Registrar of Compa ...

Court : Delhi

Decided on : May-21-2010

Subject : CompanyCriminal

Acts : Companies Act, 1956 - Sections 43A, 62, 159, 160, 161, 162, 166, 220, 220(1), 220(3), 610 and 614A; ;Code of Criminal Procedure (CrPC) , 1973 - Sections 468, 468(1), 468(2), 472 and 482; ;Companies (Amendment) Act, 1977

S.N. Aggarwal, J.1. These are petitions filed by the petitioners under Section 482 of the Code of Criminal Procedure, 1973 for quashing of summoning order dated 18.04.2009 and two complaint cases bearing Nos. 165 & 166/2009 under … These are petitions filed by the petitioners under Section 482 of the Code of Criminal Procedure, 1973 for quashing of summoning order dated 18.04.2009 and … the register of its debenture holders,(d) its shares and debentures,(e) its indebtedness,1. Subs. by Act 31 of 1965, Section 62 and Schedule, for' forty- two' (w. e. f. 15- 10- 1965 ).(f) its members and debenture holders, past

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Mar 24 1980

The State (Tamil Nadu) Vs. Veerappan and ors.

Court : Chennai

Decided on : Mar-24-1980

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1974 - Sections 242, 242(2), 248, 253(1), 254(2), 255, 255(1) and 954

Reported in : AIR1980Mad260

81 Cr. P. C. 1861, the Magistrate to issue a warrant.5. We shall first examine the provisions of the Criminal Procedure Code of 1973, which have relevance to this matter.6. Section 255(1), Cr. P. C., under which the accused have … a warrant.5. We shall first examine the provisions of the Criminal Procedure Code of 1973, which have relevance to this matter.6. Section 255(1), Cr. P. … steps he could take under the Criminal Procedure Code in the matter of securing the presence of witnesses. Section 62 Cr. P. C., reads as follows:"(1) Every summons shall be served by a police officer or subject to

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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 … Though there is no specific provision in FERA as Sub-section (4) of Section 104 of the Customs Act, Section 62 speaks of non-cognizable offences and that Section reads as follows :62. Certain offences to be non - cognizable

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