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Nov 29 2002

Gangadhar Behera and ors. Vs. Surendra Barik (Dead) and After Him Sara ...

Court : Orissa

Decided on : Nov-29-2002

Subject : FamilyProperty

Acts : Limitation Act, 1963 - Sections 8, 15 and 65 - Schedule - Article 65; Code of Criminal Procedure (CrPC) , 1973 - Sections 144 and 145

Reported in : 95(2003)CLT521; 2003(I)OLR51

of Limitation Act and Section 145 of Code of Criminal Procedure Code, 1973 (Cr.P.C.) - Dispute for possession of suit property arose between defendants and … property, defendant No. 1 filed a proceeding under Section 145 of the Code of Criminal Procedure (hereinafter referred to as 'Cr.P.C.') in which the preliminary … five Hon'ble Judges it was held as follows : 'No doubt, in the proceedings under Section 145 of the Criminal Procedure Code, there is a finding to the effect that the appellant was in possession. That, however, means only this, … Limitation Act is equally inapplicable while computing the period of limitation. The suit is based on title, therefore, Section 65 of the Limitation Act shall be attracted. 18. In the result, we are not in a position to

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Feb 22 2013

Ravindersingh @ Ravi Pavar Vs. State of Gujarat

Court : Supreme Court of India

Decided on : Feb-22-2013

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC), 1973 - Section 439; Indian Penal Code (IPC), 1860 - Sections 302, 307, 328, 272, 273, 201, 109, 114, 120B; Bombay Prohibition Act, 1949 - Sections 65(a)(b)(c)(d)(e), 66(1)(b), 67-1A, 72, 75, 81, 83

appeals filed by the State are allowed. [ P. SATHASIVAM; JAGDISH SINGH KHEHAR, JJ.] Code of Criminal Procedure (CrPC), 1973 - Section 439; Indian Penal Code (IPC), 1860 - Sections 302, 307, 328, 272, 273, 201, 109, 114, … 1281 of 2012 whereby the High Court dismissed his application filed under Section 439 of the Code of Criminal Procedure, 1973 (in short ‘the Code’) seeking regular bail in C.R. No. 252 of 2009 registered with Odhav Police … 120B of the Indian Penal Code, 1860 (‘IPC’ for short) and Sections 65(a)(b)(c)(d)(e), 66(1)(b), 67-1A, 72, 75, 81 and 83 of the Bombay Prohibition Act,

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Jan 17 1992

Ananda Rao Vs. State

Court : Karnataka

Decided on : Jan-17-1992

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 64, 65, 87 and 397(2)

Reported in : ILR1992KAR1786; 1992(2)KarLJ97

law. He shall issue fresh summons to the witnesses concerned, if the witnesses are required in the case. CRIMINAL PROCEDURE CODE, 1973 (Central Act No. 2 of 1974) - Sections 64, 65, 87 & 397(2) - Power to Issue … the provisions relevant for consideration and incorporated in Chapter 6 of the Code of Criminal Procedure, 1973. Section 61 deals with the form of summons; … context of the provisions relevant for consideration and incorporated in Chapter 6 of the Code of Criminal Procedure, 1973. Section 61 deals with the form of summons; Section 62 provides as to how summons are required to be

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Mar 17 2009

Prakash Dattaram Talwadkar Vs. State of Maharashtra at the Instance of ...

Court : Mumbai

Decided on : Mar-17-2009

Subject : Criminal

Acts : Evidence Act - Sections 32(2), 63(5) and 65; Indian Penal Code (IPC) - Sections 34, 147, 148, 149 and 302; Code of Criminal Procedure (CrPC) , 1973 - Sections 313

Reported in : 2009(111)BomLR1767

the contention that circumstances which are not put to the accused in his statement under Section 313 of the Criminal Procedure Code must be completely excluded from consideration because the accused did not have any chance to explain them. The … in his statement under Section 313 of the Code of Criminal Procedure 1973.5. As noted earlier the co-accused were acquitted by the Court of Sessions … Sections 147, 148 and 302 read with Section 149 of the Penal Code and, in the alternative, of an offence punishable with Sections 302 read … includes oral accounts of the contents of a document given by a person who has himself seen it. Section 65 contemplates that secondary evidence of the contents of a document may be given inter alia when the original

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Aug 14 2014

Mukesh and Others Vs. State of Maharashtra, through its Secretary, Hom ...

Court : Mumbai Nagpur

Decided on : Aug-14-2014

Subject : Land Acquisition

is specifically empowered in that respect. The power given to police to investigate and to take cognizance by the Criminal Procedure Code as maintained by State Legislature in Police Act and Prohibition Act, can not be withdrawn or set at … 77[a] of the Prohibition Act, Sections 26 and 41 of Indian Penal Code and Sections 4 and 25 of the Arms Act, has been registered … can investigate the offences for violation of the Foreign Exchange (Regulation) Act, 1973 (“FERA” for short), more so, when the offence is alleged to have … it is not applicable. 5. Argument is, transporting liquor from Nagpur to Wardha does not meet ingradients of Section 65[a] and petitioner is having licenced shop in neighbouring district i.e. Nagpur District, therefore, when he sales the liquor

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Oct 05 2012

SahabuddIn and anr. Vs. State of Assam.

Court : Supreme Court of India

Decided on : Oct-05-2012

Subject : Criminal

Acts : Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) - Section 36A(4); Code Of Criminal Procedure (CrPC), 1973 - Section 167(2); Drugs And Cosmetics Rules - Rules 65, 97

FAKKIR MOHAMED IBRAHIM KALIFULLA, JJ.] Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) - Section 36A(4); Code Of Criminal Procedure (CrPC), 1973 - Section 167(2); Drugs And Cosmetics Rules - Rules 65, 97 -- The appellants moved the

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Nov 29 2000

Bharamu Subrao Patil Vs. Narsingrao Gurunath Patil

Court : Mumbai

Decided on : Nov-29-2000

Subject : Election

Acts : Representation of People Act, 1951 - Sections 8, 36(2), 53, 65, 67-A, 80A, 81(1), 82, 83(1), 86(1), 100(1) and 117; Code of Criminal Procedure (CrPC) , 1973 - Sections 304 and 389(1); Code of Civil Procedure (CPC), 1908 - Order 6, Rules 15 and 16; Bombay High Court (Original Side) Rules, 1980 - Rules 44 and 45; Indian Penal Code (IPC), 1860 - Sections 147, 148, 149, 324, 325, 504 and 506; Protection of Civil Rights Act, 1955 - Sections 7(1); Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Sections 3(1 and 10); Constitution of India - Article 102(1), 191 and 311(2); Companies Act, 1956 - Sections 267

Reported in : AIR2001Bom104; 2001(2)ALLMR429; 2001(2)BomCR126; (2001)1BOMLR545; 2001(2)MhLj348

case and observed that though section 389(1) of the Criminal Procedure Code, 1973 does not expressly speak of suspension of conviction, but in certain situations … was granted bail. Thereafter; the Respondent filed a Criminal Application No. 2201 of 1999 under section 389(1) of the Criminal Procedure Code seeking suspension of the conviction and sentence for reasons set out therein relying on the Judgment of the … of the Representation of Peoples Act, 1951 and/or Order VII of the Code of Civil Procedure, 1908 on the ground that the Petition discloses no … in view of section 67-A, means the date on which he was declared elected under section 53 or section 65 of the Act: whereas under clause (d)(i), the enquiry is restricted to judging the propriety or otherwise of

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Mar 17 1981

Raghbir Vs. State of Haryana

Court : Supreme Court of India

Decided on : Mar-17-1981

Subject : Criminal

Acts : Indian Penal Code (IPC), (IPC) 1860 - Section 302; Children Act, 1960

Reported in : 1981CriLJ1497a; (1981)3SCC170

in any case, before the end of August next. - [ A.D. Koshal and; Baharul Islam, JJ.] -- Criminal Procedure Code, 1973 - Section 27 - Accused below 16 years convicted and sentenced under Section 302 IPC - Whether … offence not punishable with death or imprisonment for life” in Section 27 CrPC will override the non obstante clause in Section 65(1) of the Act, … or imprisonment for life”. To counter this contention, learned Counsel for the appellant relied upon sub-section (1) of Section 65 of the Act which reads:“The Reformatory Schools Act, 1897 (Central Act 8 of 1897), and Sections 29-B and

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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 … can be admitted into evidence without calling for the original and without complying with the legal provisions of Section 65 of the Indian Evidence Act(in short the Act).4. From the impugned order it appears that the learned court

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Feb 22 2005

Prakash Rasiklal Dhariwal Vs. Central Bureau of Investigation and the ...

Court : Mumbai

Decided on : Feb-22-2005

Subject : Criminal

Acts : Arms Act - Sections 3, 7 and 25; Indian Penal Code (IPC) - Sections 34, 41, 73, 120, 155, 167, 173(2), 204, 204(1), 384, 387, 439, 466, 467 and 482; MCOC Act, 1999 - Sections 3, 25 and 25A; MOCA Act; Code of Criminal Procedure (CrPC) , 1893 - Sections 54, 55, 56, 60, 61, 64, 65, 73, 160, 161, 164, 167, 173, 173(8), 190, 200, 202, 203, 204 and 319; Code of Criminal Procedure (CrPC) , 1973 - Sections 41(1), 41(2), 55(1), 56, 44(1), 44(2), 167, 190 and 204

Reported in : 2005(3)MhLj916

190 and 204 respectively of the New Code, i.e. Criminal Procedure Code, 1973. The Division Bench of Allahabad High Court held thus : 'A reading … relief an aggrieved accused can obtain at that is not by invoking section 203 of the Code because the Criminal Procedure Code does not contemplate a review of an order. Hence in the absence of any review power or inherent … AIR1958All758 . After referring to Sections 54, 55, 56, 60, 61, 64, 65, 167, 190, 204 of Old Cr.P.C. 1893, which correspondence to Section 41(1), … case bearing C.R. No.122 of 2004 registered under Section 120(b) r/w 384, 387 and 34 of Indian Penal Code r/w 3, 25 of MCOC Act. In answer to the said call letter Rasiklal informed about his NRI's

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