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Pradeep Kumar @ Pradeep Kumar Verma Vs. State of Bihar and anr.

Court : Supreme Court of India

Subject : Criminal

Acts : Evidence Act - Sections 3; Code of Criminal Procedure (CrPC) , 1973 - Sections 164 and 227; Indian Penal Code (IPC) - Sections 90, 361, 375, 376, 405 and 406

Reported in : AIR2007SC3059; 2008(1)ALD(Cri)87; 2008(2)ALT(Cri)445; 2007(2)BLJR2536; 105(2008)CLT1(SC); 2007CriLJ4333; JT2007(10)SC246; 2007(4)KLT41(SC); 2007(10)SCALE97; 2007AIRSCW5532; 2007(7)SCC413; (2007)3SCC(Cri)407; (2007)3Crimes346(SC); 2007LawHerald(SC)2545.

lodged. Investigation was undertaken and statement of the informant was recorded under Section 164 of the Code of Criminal Procedure, 1973 (in short the Code) wherein it was accepted that first with a promise of marriage, the accused … and statement of the informant was recorded under Section 164 of the Code of Criminal Procedure, 1973 (in short the Code) wherein it was accepted … IPC does not define consent in positive terms. But what cannot be regarded as consent is explained by Section 90 which reads as follows:consent given firstly under fear of injury and secondly under a misconception of fact is

Vaman Narayan Ghiya Vs. State of Rajasthan

Court : Rajasthan

Subject : Criminal

Acts : Antiquities and Art Treasures Act, 1972 - Sections 3, 14, 25(1), 25(2) and 26; Code of Criminal Procedure (CrPC) - Sections 90(1), 190, 190(1), 207, 209, 267, 269 and 461

Reported in : RLW2004(3)Raj1380; 2004(2)WLC769

Judicial Magistrate No. 21, Jaipur City. The petitioner by moving application under Section 190 of the Code of Criminal Procedure (for short 'CrPC') read with Section 26 AAT Act raised objections as to the jurisdiction of the Magistrate … a new provision introduced for the first time in the Code of 1973. This was done to overcome the controversy about investigation of non-cognizable offences … which provides that if a Magistrate takes cognizance under Clause (a) or Clause (b) of Sub-section (1) of Section 90 CrPC erroneously in good faith, the proceedings shall not be set aside merely on the said ground. Thus

State of U.P. Vs. Harendra Arora and anr.

Court : Supreme Court of India

Subject : ServiceConstitution

Acts : U.P. State Public Services Tribunal Act, 1976; Civil Services (Classification, Control and Appeal) Rules, 1930 - Rule 55-A; Public Servants (Inquiries) Act, 1850; Government of India Act, 1919 - Sections 96-B(2); Government of India Act, 1935 - Sections 240; Civil Services Classification Rules, 1920; Constitution of India - Articles 14 and 311(2); Code of Civil Procedure (CPC), 1908 - Sections 99-A and 115 - Order 21, Rule 90; Code of Criminal Procedure (CrPC) , 1973 - Sections 465; Jammu & kashmir (Government Servants) Prevention of Corruption Act, 1962 - Sections 17(5)

Reported in : AIR2001SC2319; [2002(95)FLR451]; JT2001(Suppl1)SC70; 2001LabIC1805; (2002)IIILLJ1124SC; 2001(3)SCALE659; (2001)6SCC392; [2001]3SCR375; 2001(2)SCT1091(SC); 2001(3)SLJ421(SC)

Sections 99-A and 115 and Order 21 Rule 90 of Code of Civil Procedure, 1908,and Section 465 of Criminal Procedure Code, 1973 - Order of High Court challenged - by impugned Order dismissal of respondent no. 1 from service … depends upon the context and the facts and circumstances of each case.16. Even under general law, i.e., the Code of Civil Procedure, there are various provisions, viz., Sections 99-A and 115 besides Order 21 Rule 90 where

U.A.E. Exchange Centre Ltd. Vs. Union of India (Uoi) and anr.

Court : Delhi

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 4, 5, 5(2), 9(1), 90, 90(2), 131, 139, 148, 245Q(1), 245N, 245O, 245P, 245Q, 245R, 245R(1), 245R(6), 245S, 245T, 245U, 245U(2) and 245V; Finance Act, 1993; Evidence Act; Code of Criminal Procedure (CrPC) , 1973 - Sections 193, 195 and 228; Indian Penal Code (IPC) - Sections 196; Constitution of India - Articles 136, 226 and 227; Code of Civil Procedure (CPC) , 1908

Reported in : (2009)223CTR(Del)250; [2009]183TAXMAN495(Delhi)

Section 245U(2) provides that the Authority is deemed a Civil Court for the purposes of Section 195 of the Criminal Procedure Code, 1973 (Cr.PC) and every proceeding before the Authority shall be deemed to be a judicial proceeding within the … with all the powers of the Civil Court under the Civil Procedure Code, 1908 (CPC) as referred to in Section 131 of the Act, while … Government of India entered into a DTAA with the Government of UAE in pursuance of its powers under Section 90 of the Act, for the purposes of avoidance of 'Double Taxation and Prevention of Fiscal Evasion', with respect

Jagarnath and ors. Vs. Kullu Municipal Committee and ors.

Court : Himachal Pradesh

Subject : InsuranceMotor Vehicles

Reported in : II(2002)ACC220

Municipality that notwithstanding the public nuisance financial inability validly exonerates it from statutory liability has no judicial basis. The Criminal Procedure Code operates against statutory bodies and others regardless of the cash in their coffers, even as human rights under … Ex. P-14. This was followed by notice under Section 80 of the Code of Civil Procedure and also under the Himachal Pradesh Municipal Act vide … the expenditure incurred by defendant No. Tin maintaining the fire engine from 1973 to 1981. He further stated that no major equipment was purchased. During … materia to what is contained in Chapter VI of the Punjab Act (supra). What is the effect of Section 90 on the present case and when fire brigade was ordered to be maintained as per first part of

Kandra Rameshbabu Naidu Vs. Superintendent (A.E.) Service Tax, Mumbai ...

Court : Mumbai

Subject : Education

(ii) of sub-section (1) of section 89 shall be cognizable. (2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, all offences, except the offences specified in sub-section (1), shall be non-cognizable and bailable. 91. Power to … of section 89 shall be cognizable. (2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, all offences, except the offences specified in sub-section … for bail is preferred by the applicant in the matter of offence punishable under Section 89 read with Section 90 of the Finance Act, 1994. 3. During the arguments it is submitted on behalf of the applicant that

Kandra Rameshbabu Naidu Vs. Superintendent (A.E.) Service Tax, Mumbai ...

Court : Mumbai

Subject : Education

(ii) of sub-section (1) of section 89 shall be cognizable. (2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, all offences, except the offences specified in sub-section (1), shall be non-cognizable and bailable. 91. Power to … of section 89 shall be cognizable. (2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, all offences, except the offences specified in sub-section … for bail is preferred by the applicant in the matter of offence punishable under Section 89 read with Section 90 of the Finance Act, 1994. 3. During the arguments it is submitted on behalf of the applicant that

Sanjay Kumawat Vs. State of M.P.

Court : Madhya Pradesh

Subject : Criminal

Reported in : 2007(4)MPHT378; 2007(4)MPLJ508

revision is dismissed. Criminal - Discharge - Section 376 of Indian Penal Code, 1860(IPC) and Section 227 of Criminal Procedure Code, 1973 (Cr PC) - Prosecutrix lodged FIR against petitioner under Section 376 of IPC and on same day … and statement of the informant was recorded under Section 164 of the Code of Criminal Procedure, 1973 (in short 'the Code') wherein it was accepted … IPC does not define consent in positive terms. But what cannot be regarded as consent is explained by Section 90 which reads as follows: Consent given firstly under fear of injury and secondly under a misconception of fact

State of West Bengal and Another Vs. Mohammed Khalid and Others

Court : Supreme Court of India

Subject : Criminal

Acts : Constitution of India - Articles 226 and 227; Terrorist and Disruptive Activities (Prevention) Act, 1987 - Sections 3, 4, 19 and 20A(2); Prevention of Corruption Act, 1947; Indian Penal Code (IPC), 1860 - Sections 120B, 302, 307, 326 and 436; Indian Public Service (Appointment by Promotion) Regulations, 1955 - Regulation 5(5)

Reported in : AIR1995SC785; 1995(1)Crimes397(SC); JT1994(7)SC660; 1994(4)SCALE1048; (1995)1SCC684; [1994]Supp6SCR16; 1995(1)LC469(SC)

or otherwise, is not exactly to be applied at the stage of Section 227 or 228 of the CrPC 1973. At this stage, even a very strong suspicion founded upon materials before the Magistrate, which leads him to … face value and accepted in its entirety constitute an offence. The High Court is not justified in quashing the criminal proceedings. In State of Bihar v. P.P. Sharma this Court had ruled that writ petition should not be … Court under Article 226 of the Constitution and the gamut of the procedure prescribed under TADA Act must be followed, namely, raising the objection before … 17.3.1993 was registered in the Police Station under Sections 120B/436/326/307/302 Indian Penal Code and Sections 3 and 5 of the Explosive Substances Act. Having regard … was submitted on 14th June, 1993, well within 90 days as is spoken to under Section 167(2)(a)(i)

Sridhar Jena and anr. Vs. State of Orissa

Court : Orissa

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 190(1) and 362

Reported in : 2002(I)OLR669

ORDERB.P. Das, J.1. This application under Section 482 of the Code of Criminal Procedure. 1973 (in short 'Cr.P.C.') is directed against the order dated 9.11.2000 (Annexure-2) passed by the learned Judicial Magistrate … ORDERB.P. Das, J.1. This application under Section 482 of the Code of Criminal Procedure. 1973 (in short 'Cr.P.C.') is directed against the order dated 9.11.2000 (Annexure-2) passed by the … Section 190(1) are not mutually exclusive, even after taking cognizance under Section 90(l)(b), Cr. P.C the Magistrate would be well within his jurisdiction to take