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State of Himachal Pradesh Vs. Dhanwant Singh

Court : Supreme Court of India

Subject : EnvironmentCriminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 397, 401 and 482; Indian Forest Act, 1927 - Sections 5, 6, 52(A), 52(B), 59, 59(A), 59(B), 59(2), 59(3) and 69; Indian Forest Act (Himachal Pradesh Amendment) Act, 1991; ;Constitution of India - Articles 32, 226 and 227

Reported in : AIR2004SC1636; 2004CriLJ1431; JT2004(2)SC367; 2004(2)SCALE423

and the directions therein shall operate so far as this appeal is concerned.12. Appeal is disposed of accordingly. Criminal Procedure Code (CrPC), 1973 - Sections 397, 401 and 482; Indian Forest Act, 1927 - Sections 5, 6, 52(A), 52(B), 59, 59(A), … wrong. The statutory presumption regarding the ownership of the property by the State was available in terms of Section 69 of the Act. The Trial Court proceeded on erroneous basis as if there was no dispute or claim

Gulab Chand Chandani Vs. State of M.P.

Court : Madhya Pradesh

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 420; Trade and Merchandise Marks Act, 1958 - Sections 69 and 81; Code of Criminal Procedure (CrPC) , 1974 - Sections 2, 78, 79, 155(2), 190(1) and 200; Code of Criminal Procedure (CrPC) , 1973 - Sections 482

Reported in : 2001(2)MPHT342; 2001(3)MPLJ467

ORDERS.P. Khare, J.1. This is a petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter to be referred to as the Code) for quashing the prosecution of the petitioner under Section … ORDERS.P. Khare, J.1. This is a petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter to be referred to as the Code) for quashing the prosecution of the … quashing the prosecution of the petitioner under Section 420, IPC and Sections 69 and 81 of the Trade and Merchandise Marks Act, 1958 (hereinafter to

Sandeep Alias Sanjay Vithal Shinde Vs. the State of Maharashtra,

Court : Mumbai

Subject : Criminal

Acts : Indian Penal Code (IPC) - Sections 376 and 506; Code of Criminal Procedure (CrPC) , 1973 - Sections 475 and 475(1); Army Act, 1950 - Sections 3, 69 and 70; Navy Act, 1957; Air Force Act, 1950; Military Law

Reported in : 2004CriLJ3678

on the ground that the court below did not comply with the mandatory provisions of Section 475 of the Criminal Procedure Code, 1973, here-in-after called as 'the said Code'.4. It is the contention of the petitioner that he was wrongly … and has been punished under Section 376 r/w/ 506 of Indian Penal Code. The challenge is on the ground that the court below did not … Sessions Court.8. It is also necessary to take note of some of the provisions of the said Act. Section 69 of the said Act provides that subject to the provisions of Section 70, any person subject to this

Oma Ram Vs. State of Rajasthan and ors.

Court : Supreme Court of India

Subject : ConstitutionExcise

Acts : Rajasthan Excise Act, 1950 - Sections 4 to 9, 9A, 9B, 54, 57A, 57B, 69 and 69(4) to 69(9); Rajasthan Excise (Amendment) Ordinance, 2000 - Sections 54A; Rajasthan Excise (Amendment) Act, 2000; Indian Penal Code (IPC), 1860 - Sections 41; Evidence Act; Essential Commodities Act, 1955 - Sections 3, 6A, 6A(2), 6B, 6E and 7(1); Karnataka Excise Act, 1965 - Sections 43A and 43B; Tamil Nadu Excise Act, 1971 - Sections 4 and 14A; Uttar Pradesh Excise Act, 1910 - Sections 72; Andhra Pradesh Excise Act, 1968 - Sections 46 and 46A; Code of Criminal Procedure (CrPC) , 1973 - Sections 4, 5, 9, 451 to 457 and 482; Constitution of India - Articles 14, 19, 20, 21, 226, 227, 246(3), 254, 300A and 301

Reported in : JT2008(6)SC290; 2008(7)SCALE158; (2008)5SCC502; 2008AIRSCW3595; 2008(5)SCC502; 2008(3)Supreme207; 2008(4)LH(SC)2575

provisions of Sections 451 to 457 of the Code of Criminal Procedure, 1973 (in short the 'Cr.P.C'), the criminal court has jurisdiction to release any … the President those are ultra vires;2. the amended provisions are repugnant to the provisions of the Code of Criminal Procedure and the Code of Civil Procedure;3. The amended provisions confer unguided powers on the Excise Authorities;4. By Section … ultra vires;2. the amended provisions are repugnant to the provisions of the Code of Criminal Procedure and the Code of Civil Procedure;3. The amended provisions … were as follows:(a) appropriate writ, order or direction, incorporation of Section 54(ka) and Sub-Sections (4) to (9) in Section 69 of the Excise Act may be declared ultra-vires and be struck down;(b) by an appropriate writ, order or

Arya Abhushan Bhandar and Another Vs. Union of India and Others

Court : Allahabad

Subject : Civil

Acts : Gold (Control) Act, 1968 - Sections 2, 16, 69 and 71; Code of Criminal Procedure (CrPC) , 1973 - Sections 102 and 103; Evidence Act, 1872 - Sections 24, 25 and 26; Customs Act, 1962 - Sections 108; Constitution of India - Article 20(3); Sales Tax Act; Income Tax Act

Reported in : 1998(3)AWC1651

Officer on summons issued under Section 108 of Customs Act.9. It was argued by the learned counsel that Section 69 of the Act provides that the provisions of Sections 102 and 103 of the Code of Criminal Procedure … P.W.D. Dak Bungalow and in this way, the provisions of Sections 102 and 103 of the Code of Criminal Procedure have been violated. It has also been argued that there were no independent witnesses associated with the search … in this way, the provisions of Sections 102 and 103 of the Code of Criminal Procedure have been violated. It has also been argued that … orders passed by respondent Nos. 1, 2 and 3 on 14th December, 1973, 19th November, 1977 and 25th January, 1980 which are Annexure-8, Annexure-9 and

Gurcharan Singh Vs. State of U.P. and anr.

Court : Allahabad

Subject : Criminal

Acts : Negotiable Instruments Act, 1881 - Sections 138 and 142; Code of Criminal Procedure (CrPC) , 1973 - Sections 2 and 482; Partnership Act, 1932 - Sections 69

Reported in : 2003(1)ALD(Cri)121; 2002(3)AWC1783; [2003]114CompCas434(All); 2002CriLJ3682

be confined to such proceedings as, under that description, are directly dealt with in the Code of Civil Procedure, or such as by the operation of the particular Act which regulates them are treated as suits (See … such proceedings as, under that description, are directly dealt with in the Code of Civil Procedure, or such as by the operation of the particular … filed under Section 482, Cr. P.C. Moreover, assuming that it is an unregistered firm, what is barred under Section 69 of the PartnershipAct is the 'suit' and this being a criminal case arising out of a 'complaint' under

Chitra NaraIn Vs. Ndtv and ors.

Court : Delhi

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 200 and 202; Copyright Act, 1957 - Sections 51, 52A, 63 and 69

Reported in : 109(2004)DLT394; 2004(28)PTC238(Del)

Magistrate on 23rd January, 2004 for the aforesaid purpose. Criminal - inquiry - Sections 200 and 202 of Criminal Procedure Code, 1973 - inquiry under Section 202 - such inquiry only between complainant and Court - object of enquiry … there is no conflict in the aforesaid judgments. Ratio of these judgments lays down the following--(i) Section 202, CrPC does not require any adjudication to be made about the guilt or otherwise of the person against whom … of All India Radio filed a complaint under Sections 51, 52A, 63, 69 of the Copyright Act of 1957 against M/s. NDTV and other respondents

Mrs. Chitra NaraIn Vs. Ndtv,

Court : Delhi

Subject : Intellectual Property Rights

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 200 and 202; Copyright Act, 1957 - Sections 51, 52A, 63 and 69

Reported in : 2004CriLJ2618

order.20. Petitioner shall appear before the learned Chief Metropolitan Magistrate on 23rd January, 2004 for the aforesaid purpose. Criminal Procedure Code, 1973 - Section 202-Postponement of issue of process--Jurisdiction of Magistrate--Object of inquiry under Section 202, Cr.P.C.--Purpose of Section … person against whom the complaint is preferred.'2. The answer lies in the provision of Section 202 of the Code of Criminal Procedure, 1973 itself and is emphatic 'NO'. 3. In the instant case, the learned Chief Metropolitan … of All India Radio filed a complaint under Sections 51, 52A, 63, 69 of the Copyright Act of 1957 against M/s. NDTV and other respondents

ic-42417 F. Major T.K. Chatterjee Vs. Union of India (Uoi) and ors.

Court : Guwahati

Subject : Constitution

Acts : Mizoram Liquor Total Prohibition Act, 1995 - Sections 7, 8, 8(1), 24, 45, 50, 51 and 54(3); Army Act, 1950 - Sections 69; Code of Criminal Procedure (CrPC) , 1973 - Sections 100, 100(4) and 100(5); Evidence Act; Indian Penal Code (IPC) - Sections 107 and 108; Constitution of India - Articles 33 and 226; Mizoram Liquor Total Prohibition Rules

provided in this Act, the provisions of the Code of Criminal Procedure, 1973 shall apply to the investigation and trial of offences against this Act … seized in contravention of the provisions of Sub-sections (4) and (5) of Section 100 of the Code of Criminal Procedure. It is argued that the concerned officer did not make any effort to procure the attendance of any … the provisions of Sub-sections (4) and (5) of Section 100 of the Code of Criminal Procedure. It is argued that the concerned officer did not … Detachment, Internal Security Group, Eastern Command attached to 57 Mountain Division Signal Regiment, is charged with -Army Act, Section 69. - COMMITTING A CIVIL OFFENCE, THAT IS TO SAY, ABETMENT OF THE OFFENCE OF TRANSPORTING LIQUOR, SPECIFIED IN

Union of India and ors. Vs. Ex-gnr Ajeet Singh

Court : Supreme Court of India

Subject : Criminal

Acts : Juvenile Justice (Care & Protection of Children) Act, 2000; Army Act - Sections 164(2), 52(a), 39(a), 69; Indian Penal Code (IPC), 1860 - Section 473; Army Rules, 1954; Code of Criminal Procedure (Cr.P.C), 1973

respondent is governed by the Army Act and Army Rules, and not by the provisions of Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.'). However, Cr.P.C. basically deals with procedural matters to ensure compliance of … Act Section 39(a) - absent from duty without leave from 4.9.2002 to 27.9.2002. vi) Charged under Army Act Section 69 - possessing counterfeit seal with intent to commit forgery contrary to Section 473 of Indian Penal Code, 1860 … with intent to commit forgery contrary to Section 473 of Indian Penal Code, 1860 (hereinafter referred to as 'IPC').7. We have summoned the original record