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Anand Chintamani Dighe and anr. Vs. State of Maharashtra and ors.
Mumbai
Oct-09-2001
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 95, 95(1), 96 and 96(4); Constitution of India - Articles 19(1) and 226; Indian Penal Code (IPC), 1860 - Sections 153A, 153A(1) and 295A
2001(3)ALLMR151; 2002(1)BomCR57; (2002)1BOMLR671; 2002CriLJ8; 2002(2)MhLj14
of Maharashtra, in exercise of powers conferred by Section 95(1) of the Code of Criminal Procedure, 1973, declared that every copy, including the manuscript or … of three Learned Judges of the Supreme Court once again considered the provisions of Section 99-A of the Criminal Procedure Code of 1898 in the State of Uttar Pradesh v. Lalai Singh Yadav, AIR 1917 SC 202. Mr. Justice … order of forfeiture has been sought to be impugned. In view of the provisions of Sub-section (2) of Section 96 of the Code, the petition has been heard by a Special Bench of three Judges. In the petition
Tag this Judgment! AI Brief & AskMr. Uday Mohanlal Acharya Vs. State of Maharashtra, Through G.B.C.B.C. ...
Mumbai
Sep-04-2000
Criminal
Maharashtra Protection of Interest of Depositors (Financial Establishment) Act, 1999 - Sections 3, 4, 7, 8, 9. 10, 12, 13, 14, 16, 57 and 167(2); Code of Criminal Procedure (CrPC) , 1973 - Sections 5, 62, 127, 128, 129, 130, 173, 309, 436, 437, 439 and 450; Bombay Police Act, 1951 - Sections 96(1); Constitution of India - Article 254(1); Indian Penal Code (IPC), 1860 - Sections 6, 406 and 420; Narcotic Drugs and Psychotropic Substance Act, 1985; Terrorist and Disruptive Activities Prevention Act, 1987 - Sections 20(4);
2001CriLJ4563
person, shall follow the procedure prescribed in the Code of Criminal Procedure, 1973 (2 of 1974), for the trial of warrant cases by Magistrates.(2) The … the accused in custody for commission of an offence under Section 3. Section 13(2) expressly incorporates provisions of Criminal Procedure Code to the proceedings before Designated Court as far as may be applicable. The proviso to sub-section (2) of … 167 if the challan is not filed within that period.13. The learned Additional Advocate General heavily relied upon section 96 of the Bombay Police Act, 1951 which provides the procedure to be followed by the officer and Magistrate … for the offences under sections 406 and 420 of the Indian Penal Code read with section 3 of the Act of 1999. The Petitioner is
Tag this Judgment! AI Brief & AskR.V. BhasIn Vs. State of Maharashtra and Marine Drive Police Station
Mumbai
Jan-06-2010
Criminal
Press and Registration of Books Act, 1867; Bombay Police Act - Sections 59; Criminal Law Amendment Act, 1961 - Sections 2 and 4(1); Indian Penal Code (IPC) - Sections 34, 124A, 153, 153A, 153B, 292, 293, 295A, 301 and 505; Code of Criminal Procedure (CrPC) , 1973 - Sections 95, 95(1), 96, 96(4), 99A, 99C, 144, 468 and 473; Code of Criminal Procedure (CrPC) , 1898 - Sections 99A and 99D; Constitution of India - Articles 19, 19(1), 19(2) and 226
2010(112)BomLR154
and expression - Article 19(1)(a) and Article 19(2) of Constitution of India and Section 95 of Code of Criminal Procedure Code, 1973 - Applicant contended that the notification under Section 95 of the Code banning impugned book is violative … exercise of powers conferred by Sub-section (1) of Section 95 of the Code of Criminal Procedure, 1973 ('the Code') the Government of Maharashtra issued a … book or other document may be or may be reasonably suspected to be.(2) In this section and in Section 96, -(a) 'newspaper' and 'book' have the same meaning as in the Press and Registration of Books Act, 1867
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
The Trustees of Safadar Hashmi Memorial Trust Vs. Govt of Nct of Delhi
Delhi
Jul-16-2001
Criminal
Indian Penal Code (IPC), 1860 - Sections 95(1), 96, 124A, 153A, 153B, 219, 292, 293 and 295A; Code of Criminal Procedure (CrPC) , 1973 - Sections 95; Code of Criminal Procedure (CrPC) , 1898 - Sections 99A and 99G
2001CriLJ3689; 2001(60)DRJ208
ORDERArijit Pasayat, C.J.1. By this petition under Section 96 of the Code of Criminal Procedure 1973 (in short the Code), Notification No. F24/85/Misc.93-PO: dated … ORDERArijit Pasayat, C.J.1. By this petition under Section 96 of the Code of Criminal Procedure 1973 (in short the Code), Notification No. F24/85/Misc.93-PO: dated 21-8-1993 passed by … any angle the notification is indefensible and has to be nullified, which we direct. The petition is allowed. Criminal Procedure Code, 1973 - Sections 95 & 96--Notification by Govt.--Posters displayed--Religious, disharmony or feeling of enmity between different religions/community--Conditions necessary
Tag this Judgment! AI Brief & AskDinesh Rai Vs. State of Jharkhand
Jharkhand
Mar-30-2007
CriminalExcise
Bihar Excise Act, 1915 - Sections 68(2), 77, 77(2), 78, 78(4) and 96; Excise Act - Sections 47, 47A, 49, 55 and 56; Code of Criminal Procedure (CrPC) , 1973 - Sections 190
2007(2)BLJR1352; [2007(2)JCR295(Jhr)]
Case No. 65 of 2005 pending in the court of Chief judicial Magistrate, Ranchi is hereby quashed. (A) Criminal Procedure Code, 1973, Section 482, Excise Act, 1910, Section 47-A-(Bihar) Excise Act, 1915, Section 96-Quashing of entire criminal proceedings-Cognizance taken … 68 of this Act, shall submit a report which shall, for the purposes of Section 190 of the Code of Criminal Procedure, 1973 be deemed to be a police report to a Magistrate having jurisdiction to inquire
Tag this Judgment! AI Brief & AskDharam and ors. Vs. State of Haryana
Supreme Court of India
Dec-08-2006
Criminal
Indian Penal Code (IPC), 1860 - Sections 96, 97, 99, 100, 102, 105, 148, 149, 300(4), 302, 304, 323 and 324; Code of Criminal Procedure (CrPC) , 1973 - Sections 313
AIR2007SC397; 2007CriLJ791; JT2007(1)SC299; 2006(13)SCALE280; 2006AIRSCW6298; (2007)1Crimes363(SC); 2007LawHerald(SC)1028; 2007(1)KCCR701(SC);
105, 148, 149, 300(4), 302, 304, 323 and 324 of Indian Penal Code, 1860 - Section 313 of Criminal Procedure Code (CrPC), 1973- Whether or not appellants had assaulted deceased and his party in exercise of right of private defence - … the appellants had assaulted the deceased and his party in exercise of the right of private defence? 8. Section 96 IPC provides that nothing is an offence which is done in exercise of the right of private defence.
Tag this Judgment! AI Brief & AskNaveen Chandra Vs. State of Uttranchal
Supreme Court of India
Nov-27-2006
Criminal
Evidence Act, 1872 - Sections 96 to 98, 99, 100 to 106; Indian Penal Code (IPC), 1860 - Sections 34, 96, 100, 101, 102, 105, 300, 302 and 304; Code of Criminal Procedure (CrPC) , 1973 - Sections 366
AIR2007SC363; 2007CriLJ874; [2007(2)JCR247(SC)]; RLW2007(3)SC2143; 2006(12)SCALE456; 2006(3)ShimLC405; (2007)1Crimes207(SC); 2006AIRSCW6230;
96, 100, 101, 102, 105, 300, 302 and 304 of Indian Penal Code, 1860 - Section 366 of Criminal Procedure Code (CrPC), 1973 - Appellant was convicted for offence punishable under Section 302 read with Section 34 - Accused persons pleaded
Tag this Judgment! AI Brief & AskV.S. Kuttan Pillai Vs. Ramakrishnan and anr.
Supreme Court of India
Sep-18-1979
Media and CommunicationCriminal
Constitution of India - Article 20(3); Code of Criminal Procedure (CrPC) , 1973 - Sections 91, 91(1), 93, 93(1), 94, 94(1) and 96; Indian Penal Code (IPC) - Sections 34, 403, 409, 420 and 477A; Evidence Act - Sections 139;
AIR1980SC185; 1980CriLJ196; (1980)1SCC264; [1980]1SCR673
Fifth Amendment to the American Constitution held that the provisions relating to search contained in Section 93(1) of the Criminal Procedure Code, 1973, are not hit by Article 20(3) of the Constitution.2. Section 91 confers power on the Court or … unconstitutional and illegal. A specific reference was made to Section 94 and 96 of the Criminal Procedure Code, 1898 ('old Code' (for short), both of … V. Khalid, J. of Kerala High Court, no search warrant could be issued under Section 91 of the CrPC, 1973 ('new Code' for short), and accordingly directed that anything recovered pursuant to the search warrant issued by him
Tag this Judgment! AI Brief & AskBabulal Bhagwan Khandare and anr. Vs. State of Maharashtra
Supreme Court of India
Dec-02-2004
Criminal
Indian Penal Code (IPC), 1860 - Sections 34, 35, 38, 96, 97, 98, 99, 100 to 106, 300, 302 and 307; Code of Criminal Procedure (CrPC) , 1973 - Sections 313; Evidence Act, 1872 - Sections 105
2004(10)SCALE188; (2005)10SCC404
Code, 1860 - Sections 34, 35, 38, 96, 97, 98, 99, 100 to 106, 300, 302, 307 - Criminal Procedure Code (CrPC), 1973 - Section 313 - Evidence Act, 1872 - Section 105 - Right of private defence - Entitlement to
Tag this Judgment! AI Brief & AskSatya NaraIn Yadav Vs. Gajanand and anr.
Supreme Court of India
Aug-01-2008
Criminal
Evidence Act, 1872 - Sections 105; Delhi Special Police Establishment Act, 1946; Indian Penal Code (IPC), 1860 - Sections 96 to 98, 99, 100 to 106, 149, 302, 307, 323 and 447; Code of Criminal Procedure (CrPC) , 1973 - Sections 372 to 394, 417, 418, 423 and 423(1); Code of Criminal Procedure (CrPC) , 1898 - Sections 417
AIR2008SC3284; 2008(2)ALD(Cri)785; JT2008(8)SC432; 2009(I)OLR(SC)78; RLW2009(1)SC263; 2008(10)SCALE728; 2008AIRSCW5562; 2008(3)Crimes295; 2008(5)LH(SC)3044
position first. Chapter XXIX (Sections 372-394) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the present Code') deals with appeals. Section 372 … observed inter-alia as follows:This Court obviously did not and could not add a condition to Section 417 of the Criminal Procedure Code. The words were intended to convey the idea that an appellate court not only shall bear in mind … questions of law and fact against an order of acquittal u/s 378, CrPC - Appellate court not to disturb finding of acquittal by trial court … called for.9. Only question which needs to be considered is the alleged exercise of right of private defence. Section 96, IPC provides that nothing is an offence which is done in the exercise of the right of private
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