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Colonel D.D. Pawar, C-25415-a Vs. Commander Hq Andhra Sub-area, Secund ...

Court : Andhra Pradesh

Subject : Service

Acts : Army Act, 1950 - Sections 1, 2, 3, 19, 34 to 70, 71, 80 to 85, 109, 118, 122, 122(1), 122(3), 191(1) and 191(2); Army Rules, 1954 - Rules 14, 22, 22(2), 53, 70 and 177 to 185; Army (Amendment) Act, 1992; Code of Criminal Procedure (CrPC) , 1973 - Sections 469 and 469(1); Companies Act, 1956 - Sections 113, 545 and 621; Protection of Human Rights Act, 1993

Reported in : 2001(5)ALD56; 2001(5)ALT52

(1) of Section 122 of the Army Act is ipsi sima verba with Section 469 of Code of Criminal Procedure, 1973, which reads as under :469. Commencement of period of limitation :--The period of limitation, in relation to … amendment, sub-section (1) of Section 122 of the Army Act is ipsi sima verba with Section 469 of Code of Criminal Procedure, 1973, which reads as under :469. Commencement of period of limitation :--The period of limitation, … criminal Court, or has been dealt with under any of the Sections 80, 83, 84 and 85, he shall not be liable to be tried

Deputy Inspector General, Border Security Force Vs. the State and anr.

Court : Delhi

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 173, 446, 451, 475, 475(1) and 482; Border Security Force Act, 1968 - Sections 46, 80 and 81; Border Security Force Courts (Adjustment of Jurisdiction) Rules, 1969 - Rules 3 to 9; Indian Penal Code (IPC), 1860 - Sections 279 and 337; Criminal Courts and Court Martial (Adjustment of Jurisdiction) Rules, 1952 - Rules 3 to 9; Army Act, 1950 - Sections 125 and 126

Reported in : 2002IIIAD(Delhi)433; 96(2002)DLT217; 2002(62)DRJ16

S.K. Agarwal, J.1. This petition under Section 482 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.') is directed against the order … accused and notice to the surety shall remain stayed. 13. With the above observations, petition stands disposed of. Criminal Procedure Code, 1973 - Section 475--Delivery to Commanding Officer of persons liable to be tried by Court-martial--Accused is a driver … 13th July, 1995, passed by the Court of Metropolitan Magistrate, dismissing application moved by the Commanding Officer under Section 80 of the Border Security Force Act, 1968 (for short, 'BSF Act') read with BSF Courts (Adjustment of Jurisdiction)

Naguloncha Krishna Vs. the State of Andhra Pradesh

Court : Andhra Pradesh

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 80, 85, 302 and 307; Code of Criminal Procedure (CrPC) , 1973 - Sections 313; Evidence Act - Sections 32 and 32(1)

Reported in : 1997(1)ALD(Cri)577; 1997(1)ALT(Cri)730; 1997CriLJ2834

Criminal - murder - Sections 80, 85, 302 and 307 of Indian Penal Code, 1860, Section 313 of Criminal Procedure Code, 1973 and Sections 32 and 32 (1) of Indian Evidence Act - accused who had been suspecting fidelity … and order dated 29-1-1996 convicted the appellant herein for the offence punishable under Section 302 of Indian Penal Code and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 250/- in default

Harsha Sports Paradise (R), Kelagote Village, Chitradurga Taluk, Chitr ...

Court : Karnataka

Subject : Education

Section 78(3) of the Act, aforesaid criminal petitions were filed before the Dharwad Bench, under Section 482 of Criminal procedure Code, 1973, to quash the entire proceedings therein. 7. With reference to the rival contentions, the points raised for … were filed before the Dharwad Bench, under Section 482 of Criminal procedure Code, 1973, to quash the entire proceedings therein. 7. With reference to the … - Section 482, Section 155(2), Section 78(3), Section 2(d) - Karnataka Police Act, 1963 - Section 79 and Section 80 - registration of criminal case - non-cognizable offence €“ quashing of criminal proceedings - Various Police Stations in

Chief of Army Staff and Others Vs. Major E.P. Chadha

Court : Supreme Court of India

Subject : Criminal

Acts : Army Act, 1950 - Sections 3, 80, 83, 84, 85, 117, 121, 125 and 127; Code of Criminal Procedure (CrPC) , 1973 - Sections 190(1) and 475

Reported in : AIR1991SC460; 1991CriLJ494; JT1991(1)SC54; 1991LabIC1368; 1990(2)SCALE1312; (1991)2SCC288; [1990]Supp3SCR691; 1991(2)SLJ106(SC); 1991(1)LC341(SC)

a criminal court for the same offence, or on the same facts.12. Put briefly, Section 475 of the CrPC, 1973, which deals with delivery to the Commanding Officer of persons liable to be tried by court-martial confers power … criminal court, or has been dealt with under any of the sections 80, 83, 84 and 85, he shall not be liable to be tried … complaint was filed on September 4, 1987, before a Chief Judicial Magistrate, Amritsar Under Section 190(1)(a) of the CrPC, 1908, against the respondent and others suspected to be involved in the torture which led to the death … 1987, before a Chief Judicial Magistrate, Amritsar Under Section 190(1)(a) of the CrPC, 1908, against the respondent and others suspected to be involved in the

Police Commissioner and ors. Vs. Yash Pal Sharma

Court : Delhi

Subject : Civil

Acts : Punjab Police Act - Sections 140; Code of Criminal Procedure (CrPC) , 1973 - Sections 129 and 144; Code of Civil Procedure (CPC) , 1908 - Sections 80; Indian Penal Code (IPC) - Sections 188; Code of Criminal Procedure (CrPC) , 1898 - Sections 127 and 129; Punjab Police Rules - Rule 14.56; Constitution of India - Articles 19(1) and 21

Reported in : 155(2008)DLT209

alleged that on 25.2.1993, the Commissioner of Police had promulgated orders under Section 144 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Code') within the Union Territory of Delhi. The promulgation of these orders … the Commissioner of Police had promulgated orders under Section 144 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Code') within the … the Additional Sessions Judge/In-charge of the Patiala House Courts. Thereafter, the petitioner served notice upon the defendants under Section 80 of the Code of Civil Procedure, 1908 as well as under Section 140 of the Punjab Police Act

WasiuddIn Ahmed Vs. District Magistrate, Aligarh, U.P. and ors.

Court : Supreme Court of India

Subject : Constitution

Acts : Constitution of India - Articles 22(5) and 32; National Security Act, 1980 - Sections 8; Code of Criminal Procedure (CrPC) , 1973 - Sections 144 and 173(5)

Reported in : AIR1981SC2166; 1981CriLJ1825; 1981(3)SCALE1629; (1981)4SCC521

situation and on January 31, 1981 the District Magistrate clamped a prohibitory order under Section 144 of the CrPC, 1973 inside and outside the campus of the University in order to maintain public peace and tranquillity. Despite the … the fact that the detenu had not been furnished with the copies of the first information reports in the criminal case in which he was convicted and in the three other criminal cases pending against him. It is … peace and tranquillity. Despite the prohibitory order under Section 144 of the Code, the detenu and his followers continued to defy the ban and the … 25, 1981, served with translated copies of some 80 documents, many of which were in Hindi. At … also the right to be heard by the Advisory Board; (2) the procedural safeguards of Article 22(5) and Section 8 of the Act were not

Additional District Magistrate, Jabalpur Vs. Shivakant Shukla

Court : Supreme Court of India

Subject : Constitution

Acts : 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

Reported in : 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 … and 'malice in fact'. Lord Haldane in Shearer v. Shields [1914] A.c. 808, said:Between 'malice in fact' and 'malice in law' there is a broad

Pradeep Singh Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : Service

Acts : Army Act, 1950 - Sections 3, 39A, 80 and 116; Army Rules - Rules 6, 84 and 149; Constitution of India - Articles 226 and 227; Code of Criminal Procedure (CrPC) , 1973

Reported in : 2007(2)JKJ55[SC]; JT2007(6)SC1; 2007(6)SCALE1

a court-martial are not to be compared with the proceedings in a criminal court under the Code of Criminal Procedure, 1973 where adjournments have become a matter of routine though that is also against the provisions of law. … to be compared with the proceedings in a criminal court under the Code of Criminal Procedure, 1973 where adjournments have become a matter of routine … in its view. learned Counsel for the respondent on the other hand supported the orders. With reference to Section 80 of the Act, learned Counsel for the appellant submitted that removal of stripes amounted to punishment and, therefore,

Jay Frozen Foods and Others Vs. Income-tax Officer

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 132 and 277

Reported in : [1992]196ITR724(Mad)

all the incriminating pieces of evidence has been put to the petitioners when questioned under section 313 of the Criminal Procedure Code, 1973, and if not, what would be the legal consequences of the failure to do so, it is … 629 of 1983 for offences under section 120B, 193, 196, 420, 467 and 471 of the Indian Penal Code, 1860, and section 277 of the Income-tax Act, 1961, and sentenced to various terms of imprisonment and fine,