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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 … does not comply with the provisions of Sections 81, 82 and 117. In the instant case as per section 81 the High Court therefore while dealing with election petition could set aside election for the reasons contained in

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Mar 29 2001

Gulab Chand Chandani Vs. State of M.P.

Court : Madhya Pradesh

Decided on : Mar-29-2001

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 … prosecution of the petitioner under Section 420, IPC and Sections 69 and 81 of the Trade and Merchandise Marks Act, 1958 (hereinafter to be referred

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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 … 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, 1949.3) The State of Gujarat,

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Feb 27 1984

Rajendra Singh Vs. Smt. Usha Rani and ors.

Court : Supreme Court of India

Decided on : Feb-27-1984

Subject : Election

Acts : Representation of the People Act - Sections 81(3) and 86; Code of Criminal Procedure (CrPC) , 1973 - Sections 537

Reported in : AIR1984SC956; 1984(1)SCALE440; (1984)3SCC339; [1984]3SCR22; 1984(16)LC313(SC)

Election - dismissal of petition - Section 81 and 86 of Representation of the People Act, 1951 and Criminal Procedure Code, 1973 - appeal arise out of election in which appellant declared elected - respondent filed election petition aggrieved … at the behest.9. Hence, the mandate contained in Section 81(3) cannot be equated with Section 537 of the CrPC which makes certain omissions as a curable irregularity. No such concept can be imported into the election law

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Jul 27 1999

Arun Kumar Singh Vs. State (N.C.T. of Delhi)

Court : Delhi

Decided on : Jul-27-1999

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC), 1973 - Sections 81 and 437; Indian Penal Code (IPC), 1860 - Sections 406 and 498-A

Reported in : 1999VAD(Delhi)165; 1999CriLJ4021; 81(1999)DLT55; II(1999)DMC483; 1999(50)DRJ795; ILR1999Delhi138

Matched in: Citation 1999VAD(Delhi)165; 1999CriLJ4021; 81(1999)DLT55; II(1999)DMC483; 1999(50)DRJ795; ILR1999Delhi138

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Apr 26 1988

Laxmi Raj Shetty and anr. Vs. State of Tamil Nadu

Court : Supreme Court of India

Decided on : Apr-26-1988

Subject : Criminal

Acts : Indian Penal Code (IPC) - Sections 9, 81, 78(2), 56, 212, 302, 392, 411 and 449; Code of Criminal Procedure (CrPC) , 1973 - Sections 313 and 366; Evidence Act, - Sections 9, 56, 78(2) and 81

Reported in : AIR1988SC1274; 1988CriLJ1783; 1988(2)Crimes107(SC); JT1988(2)SC180; 1988(1)SCALE931; (1988)3SCC319; [1988]3SCR706

on appellant No. 1 Laxmi Raj Shetty under Section 366 of the CrPC, 1973 as also the conviction and sentences passed on him under Sections … confirmed the sentence of death passed on appellant No. 1 Laxmi Raj Shetty under Section 366 of the CrPC, 1973 as also the conviction and sentences passed on him under Sections 392 and 449 of the Indian Penal … conviction under Section 302 of the Indian Penal Code, 1860 for having committed the murder of the … Evidence Act, 1872 by which an allegation of fact can be proved. The presumption of genuineness attached under Section 81 of the Evidence Act to a newspapers report cannot be treated as proved of the facts reported therein.33. … generally used by the Interpoland other crime detecting agencies for identification of criminals engaged in drug trafficking, narcotics and other economic offences as also in

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Jul 13 1998

Sailesh Jaiswal Vs. the State of West Bengal and ors.

Court : Kolkata

Decided on : Jul-13-1998

Subject : Criminal

Acts : 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

Reported in : 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 … 2 of 1974 applicable to such cases and bring the position on a par with that enjoined under section 81 of the said Code. The other relevant provision in this connection is that in section 57 which provides

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Dec 21 1973

Hukumdev NaraIn Yadav Vs. Lalit NaraIn Mishra

Court : Supreme Court of India

Decided on : Dec-21-1973

Subject : Election

Acts : Representation of the People Act, 1951 - Sections 81; General Clauses Act, 1897 - Sections 4; Code of Criminal Procedure (CrPC) , 1973 - Sections 417, 417(3) and 417(4); High Court Rules - Rule 26; Limitation Act, 1963 - Sections 4 to 24 and 29(2); Election Rules - Rules 6 and 7; Special or Local Law

Reported in : AIR1974SC480; (1974)2SCC133; [1974]3SCR31

Full Bench of the Bombay High Court and this Court proceeded on the assumption that Section 417(4) of the Criminal Procedure Code prescribes a period of limitation. The learned Counsel, however, contends that there was no discussion of this aspect. … Even in appeals to the High Court under Section 417 of the CrPC it has been held in Lala Ram v. Hari Ram : 1970CriLJ1014 … condonation of delay.28. The appeal as well as C.M.P. No. 7820 of 1973 are accordingly dismissed but in the circumstances without costs. (i) Election - … Court and the Chief Justice could from time to time assign one or more Judges for that purpose. Section 81 prescribes the period of 45 days from the date of the election of a returned candidate within which

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Mar 02 2000

State of Manipur Vs. Vikas Yadav

Court : Guwahati

Decided on : Mar-02-2000

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 71, 76, 78(2), 81, 81(1), 167, 167(2), 177, 379, 401, 438 and 483; Constitution of India - Article 227; Indian Penal Code (IPC), 1860 - Sections 34, 120-B, 201, 212 and 302

1. This Revision petition under sections 379 and 401 of the Code of Criminal Procedure, 1973 read with sections 483 and Article 227 of the Constitution of India is directed against the order … not sustainable as the learned Sessions Judge has passed the impugned order by relying on the provision of section 81 of the Code of Criminal Procedure inasmuch as section 81 speaks about post-arrest bail and this provision would … Manipur East Passed the following order :-This is an application u/s 438 CrPC praying for the grant of pre-arrest bail and issuance of direction to

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Mar 27 1996

Kailashpati Kedia Vs. State of Maharashtra and ors.

Court : Madhya Pradesh

Decided on : Mar-27-1996

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1974 - Sections 81(1), 438 and 439

Reported in : 1996(0)MPLJ847

a non-bailable offence, outside the local jurisdiction of this Court, can apply to this Court under Section 438, Criminal Procedure Code for his release, in the event of his arrest?'5. Justice Shri K. L. Shrivastava, in the case of … resident of Saket Nagar, Indore filed an application under Section 438 of Code of Criminal Procedure (hereinafter referred to as 'the Code') seeking a direction … of the Code has been added in the Code of Criminal Procedure, 1973.12. Section 86 of the Code of 1898 (Old Code) does not contain … the jurisdiction. Sections 80 and 81 deal with the procedure to be followed after arrest of the person.11. Section 81 of the Code reads as follows : -'81. Procedure by Magistrate before whom such person arrested is brought.

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