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Parle (Exports) Pvt. Ltd. and Others Vs. B.K. Solanki and Another
Mumbai
Nov-14-1986
Customs
Foreign Exchange Regulation Act, 1973 - Sections 27, 27(1), 56 and 76; Code of Criminal Procedure (CrPC) , 1973 - Sections 245(2); Estate Duty Act, 1953 - Sections 10; Supreme Court Act, 1981 - Sections 37(3)
1987(12)ECC265; 1987(30)ELT167(Bom)
27 (1), 56 and 76 of Foreign Exchange Regulation Act, 1947, Section 245 (2) of Criminal Procedure Code, 1973, Section 10 of Estate Duty Act, 1953 and Section 37 of Supreme Court Act, 1981 - promoters of petitioner-company … with Section 56 of the Act. An application was made by the accused persons under Section 245(2) of the Criminal Procedure Code for their discharge which application having been dismissed by the Additional Chief Metropolitan Magistrate, 8th Court, Esplanade, Bombay, … made by the accused persons under Section 245(2) of the Criminal Procedure Code for their discharge which application having been dismissed by the Additional Chief
Tag this Judgment! AI Brief & AskState of Uttaranchal Vs. Rajesh Kumar Gupta
Supreme Court of India
Nov-10-2006
Narcotics
Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 2, 8, 9, 10, 19, 21(4), 22, 27A, 37 and 76; Drugs and Magic Remedies (Objectionable Advertisement) Act, 1954; Drugs and Cosmetics Act; Code of Criminal Procedure (CrPC) , 1973; Narcotic Drugs and Psychotropic Substances Rules, 1985 - Rules 53, 63, 64, 65, 65(2), 65(3), 66, 67 and 67A; Narcotic Drugs and Psychotropic Substances Rules, 1945; Constitution of India - Article 136
JT2006(10)SC8; RLW2007(1)SC774; 2006(11)SCALE391; (2007)1SCC355
1985 Act reads as under:37. Offences to be cognizable and non-bailable.(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),-(a) every offence punishable under this Act shall be cognizable;(b) no person accused of an … under:37. Offences to be cognizable and non-bailable.(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),-(a) every offence punishable under this … and contravention involving commercial quantity. The Central Government is conferred with the power under Section 9 read with Section 76 to fame rules, pursuant whereto rules have been framed, known as Narcotic Drugs and Psychotropic Substances Rules, 1985
Tag this Judgment! AI Brief & AskT.T. Antony Vs. State of Kerala and ors.
Supreme Court of India
Jul-12-2001
Criminal
Indian Panel Code, 1860 - Sections 34, 76, 79, 120-B, 143, 147, 148, 149, 201, 301, 302 307, 320, 324, 332, 353, 406, 411, 420 and 427; P.D.P.P. Act - Sections 3(2); Explosive Substances Act, 1908 - Sections 3 and 5; Commission of Inquiry Act, 1952 - Sections 3(I); Code of Criminal Procedure (CrPC) , 1973 - Sections 129, 132(1 and 2), 151, 154, 154(1), 155, 155(2), 156, 156(1), 157, 157(1, 2 and 3), 162, 169, 170, 173, 173(2 and 8), 227 and 482; Constitution of India - Articles 19, 21, 226 and 227; Antiquities and Art Treasures Act, 1972 - Sections 25(1)
AIR2001SC2637; 2001(2)ALD(Cri)276; 2001CriLJ3329; 2001(3)Crimes276(SC); JT2001(5)SC440; 2001(4)SCALE348; (2001)6SCC181; [2001]3SCR942
filed by the State of Kerala are dismissed. Criminal - second FIR - Sections 132 and 170 of Criminal Procedure Code, 1973 - Executive Magistrate charged for opening fire at mob resulting in death of five persons and several … agitation. The said action of the Executive Magistrate, it was submitted, being protected under Section 132 of the Code of Criminal Procedure, could never be termed as an offence so implicating him as an accused was wholly … indeed there could be no case against them in view of Sections 76 and 79 I.P.C. and that their action cannot be termed as offence
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Dineshbhai Dhemenrai Vs. State of Gujarat
Gujarat
Jul-31-2000
CriminalNarcotics
Constitution of India - Articles 14, 19, 20(1), 20(3), 21, 21(2), 22, 22(1), 22A, 31, 32, 39A, 51-A, 71(1), 132(1), 134(1), 136(1) and 226; Code of Criminal Procedure (CrPC) , 1973 - Sections 20, 39-A, 41, 49, 50, 54, 55, 56, 57, 75, 76, 93, 94, 97, 100(4) to (8), 151, 162, 165, 167, 173(7), 191, 207, 208, 218, 228(2), 235(2), 238, 240(2), 243, 248(2), 273, 303, 304, 304(1) and (2), 309, 313, 314, 317, 327, 340, 351, 360, 363, 374, 379, 380, 386, 400, 436, 437, 439 and 479; Indian Penal Code (IPC), 1860 - Sections 303, 304 and 395; Legal Services Authorities Act, 1987 - Sections 12; Narcotics Drugs and Psychotropic Substances Act, 1985 - Sections 20; Poor Persons Defence Act, 1930; Legal Aid and Advice Act; Evidence Act, 1872 - Sections 101-104, 121 to 131, 138, 148, 149 and 165; Probatio
(2001)1GLR603
heart and main theme of this Conviction Appeal, on hand.2. In this appeal under Section 374 of the Code of Criminal Procedure, 1973, the appellant-original-accused has assailed the legality and validity of thejudgment and sentence order recorded … well in the Legal Services Authorities Act, 1987, over and above the provisions made in Section 304 of the Criminal Procedure Code, 1973.41. It would be fruitful to mention the steps suggested in England to assist the unaided and unrepresented … in custody (Article 22 of the Constitution and Sees. 56, 57 and 76 of Cr.P.C.);vi. Right to be informed of the grounds, immediately after the
Tag this Judgment! AI Brief & AskSailesh Jaiswal Vs. the State of West Bengal and ors.
Kolkata
Jul-13-1998
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 3(4), 41, 48, 56, 57, 71, 76, 77, 78(2), 79, 81, 81(1), 167, 167(2), 177, 438 and 738;; Indian Penal Code (IPC), 1860 - Section 120B, 406, 408, 420, 436(1), 437, 437(1), 439, 467, 468, 471, 496 and 497;; Constitution of India - Articles 22, 22(2) and 214;; Code of Criminal Procedure (CrPC) , 1898;; West Bengal Amendment Act, 1990
1998(2)ALD(Cri)924,(1998)2CALLT423(HC),1998(2)CHN81
in respect of an offence in respect of which the police station concerned has jurisdiction.33. Section 2 of the Criminal Procedure Code, 1973 which contains the provision for application for ball by the person who believes that he may be … this court wanted specific observation as to whether section 438 of the Code of Criminal Procedure 1973 (hereinafter referred to as code) empowers to grant … not the residence of the accused nor the place where he might choose to reside and be found.15. Section 76 of the Code confers the investigating agencies the power to produce the person arrested before the court without
Tag this Judgment! AI Brief & AskAdditional District Magistrate, Jabalpur Vs. Shivakant Shukla
Supreme Court of India
Apr-28-1976
Constitution
Maintenance of Internal Security Act, 1971 - Sections 3, 3(1), 8, 16, 16A, 16A(9) and 18; Constitution of India - Articles 14, 19, 21, 22, 31, 31(1), 32, 133, 134, 136, 141, 226, 265, 352, 352(1) and (3), 358, 359, 359(1) and (1A) and 368; Evidence Act - Sections 123, 124 and 162; Indian Penal Code (IPC), 1860 - Sections 76, 79 and 342; Code of Criminal Procedure (CrPC) , 1973 - Sections 56, 57, 167, 419 and 419(1); Constitution of India (Thirty-eighth Amendment) Act; Presidential Order; Code of Civil Procedure (CPC) , 1908 - Sections 3 and 80 - Order XXXV, Rule 12;Constitution of India (Thirty-ninth Amendment) Act
AIR1976SC1207; 1976CriLJ945; (1976)2SCC521; [1976]SuppSCR172; 1976(8)LC610(SC)
Law remedy by way of writ of Habeas Corpus exists, even after Section 491 was introduced in the Criminal Procedure Code in 1923, was negatived. The sweep of Article 359 (1) of the Constitution, taking in the jurisdiction of … those which could assist them. One main question considered in that case was whether Section 491(1)(b) of the CrPC could afford a statutory remedy, by an order or direction in the nature of a writ of Habeas
Tag this Judgment! AI Brief & AskRajender Kumar JaIn and ors. Vs. State Through Special Police Establis ...
Supreme Court of India
May-02-1980
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 196(1), 209, 306(4), 321, 361, 397 and 494; Constitution of India - Article 136; Indian Penal Code (IPC) - Sections 120B and 121A; Code of Criminal Procedure (CrPC) , 1898 - Sections 494
AIR1980SC1510; 1980CriLJ1084; (1980)3SCC435; [1980]3SCR982
that stage, on March 26, 1977, N.S. Mathur, Special Public Prosecutor filed ah application Under Section 321 of the Criminal Procedure Code 1973, for permission to withdraw from the prosecution-The application was as follows :It is submitted on behalf of … consideration Criminal Appeal No. 287 of 1979.3. In exercise of the powers conferred by Section 196(1)(a) of the CrPC 1973, and Section 7 of the Explosive Substances Acticle, 1908, the Government of India by its order dated September
Tag this Judgment! AI Brief & AskSami Ullaha Vs. Superintendent, Narcotic Central Bureau
Supreme Court of India
Nov-07-2008
Narcotics
Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 2, 9, 19, 24, 27, 27A, 37, 37(1), 67, 76 and 174A; Prevention of Food Adulteration Act, 1954 - Sections 13(3); Customs Act, 1962 - Sections 108, 108(4), 180 and 184; Code of Criminal Procedure (CrPC) , 1973 - Sections 439(2); Indian Penal Code (IPC) - Sections 193 and 228; Narcotic Drugs and Psychotropic Substances Rules, 1985 - Rule 2; Constitution of India - Article 21; Sea Customs Act
AIR2009SC1357; 2008(57)BLJR179; 2009CriLJ1306; JT2008(12)SC297; RLW2009(2)SC1823; 2008(4)SCALE355:2009AIRSCW778:2008(6)LHSC4213
self-contained code, application of the provisions of the Code of Criminal Procedure, 1973, however, either expressly or by necessary implication, have not been excluded. There … must be cancelled only if the requirements contained in Sub-section (2) of Section 439 of the Code of Criminal Procedure are fulfilled.In any event, as the Central Revenue Control Laboratory, New Delhi is not a designated chemical examiner … if the requirements contained in Sub-section (2) of Section 439 of the Code of Criminal Procedure are fulfilled.In any event, as the Central Revenue Control … 2008CriLJ2250 14. The Central Government in exercise of its power conferred upon it under Section 9 read with Section 76 of the Act made the Rules. 'Chemical Examiner' has been defined in Rule 2(c) of the Rules to
Tag this Judgment! AI Brief & AskSuhas Bhand Vs. State of Maharashtra and anr.
Mumbai
Aug-18-2009
Company
Companies Act, 1956 - Sections 255 to 258, 303(1) and 303(2); Negotiable Instruments Act, 1881 - Sections 138 and 141; Evidence Act, 1872 - Sections 74, 76, 77 and 79; Contract Act - Sections 70; Code of Criminal Procedure (CrPC) , 1973 - Sections 482
2009(111)BomLR3774
under Section 138 of the Act could not be quashed in a petition filed under Section 482 of the Criminal Procedure Code, 1973, if the complainant has disputed the genuineness of the case of resignation put up by a Director. … quashed in a petition filed under Section 482 of the Criminal Procedure Code, 1973, if the complainant has disputed the genuineness of the case of … document and to issue a certified copy of such documents to any person who applies for it under Section 76 of the IE Act. Such document can be proved by such certified copy under Section 77 of the
Tag this Judgment! AI Brief & AskA.P. Civil Liberties Committee (Apclc) Rep. by Its President, Mr. S. S ...
Andhra Pradesh
Feb-06-2009
Criminal
Right to Information Act (RTI), 2005 - Sections 6, 6(3), 8(1) and 19; Evidence Act, 1872 - Sections 1, 21, 25, 81, 105, 123, 145 and 157; Arms Act, 1959 - Sections 25 and 27; Explosive Substances Act, 1908 - Sections 5; APPS - Sections 8; Commission of Inquiries Act, 1962; Customs Act, 1962 - Sections 106, 106(2) and 155; Gold (Control) Act, 1968 - Sections 108; Ku Klux Klan Act, 1871; Indian Penal Code (IPC), 1860 - Sections 6, 34, 52A, 76 to 106, 135, 147, 148, 149, 201, 202, 203, 204, 216, 217, 221, 299, 300, 302, 304, 304A, 307, 332, 408, 420, 452, 499, 500 and 506; Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 37, 39, 40, 41, 43, 46, 46(1), 46(2), 46(3), 129 to 132, 132(1), 132, 132(2), 133, 134, 149, 151, 152, 153(3), 154, 154(1), 154(2), 154(3), 155, 156, 156(1), 156(3), 1
2009(1)ALT754
Executive Magistrate conducts the investigation in the first instance by way of an enquiry Under Section 176 of the Criminal Procedure Code 1973 (Cr.P.C).34. It is also the case of the 2nd respondent that police use adequate force in order … claim to the existence of circumstances which bring the facially prohibited conduct within the justification defenses either Under Section 76, 79 or 97 r/w 100 IPC (even in the absence of a complaint by or on behalf of … occurrence and file one or more reports as provided in Section 173 CrPC.90. In 7.7. Anthony the factual scenario was that during the visit of
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