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Madan Kumar Jha Vs. State of Bihar and ors.

Court : Patna

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 98; Constitution of India - Article 226

The husband-petitioner moved the concerned Court, unsuccessfully, by invoking the provisions of Section 98 of the Code of Criminal Procedure, 1973, Cr PC, for the custody of the minor daughters on the premises that they are in illegal … children--Allegation of adultery--Wife not impleaded--Children not willing to live with petitioner due to his cruelty--Case under Section 98, CrPC already dismissed--Revision also dismissed--Divorce case already pending--Now habeas corpus petition as a short cut method--No point raised to

Smt. Parmeshwari Devi Vs. the State and anr.

Court : Supreme Court of India

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 181, 182, 193, 197, 199, 200, 464, 466 and 471; Code of Criminal Procedure (CrPC) , 1973 - Sections 94, 94(1), 96, 96(1), 98, 397(1) and 397(2); Code of Criminal Procedure (CrPC) , 1898 - Sections 94 and 94(1); Evidence Act - Sections 139

Reported in : AIR1977SC403; (1977)1SCC169; [1977]2SCR160; 1977 Cri LJ 245

Magistrate dated August 8, 1974 are set aside. Criminal - revision - Sections 94, 96 and 98 of Criminal Procedure Code, 1973 - appeal against judgment of High Court dismissing appellant's application for revision of Order of Additional Sessions … her. 3. The complainant filed an application under Section 94 of the CrPC, 1898, hereinafter referred to as the Code, for a direction to the … summons. It was also permissible for the Magistrate to order a search of Smt. Parmeshwari Devi's house under Section 98 of the Code if it appeared to him that the requirements of that section had been fulfilled. But

Babulal Bhagwan Khandare and anr. Vs. State of Maharashtra

Court : Supreme Court of India

Subject : Criminal

Acts : 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

Reported in : 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

Satya NaraIn Yadav Vs. Gajanand and anr.

Court : Supreme Court of India

Subject : Criminal

Acts : 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

Reported in : 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 … High Court empowered to determine both 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 if two reasonable conclusions possible on … down the limits of the right of private defence. Sections 96 and 98 give a right of private defence against certain offences and acts. The

Additional Registrar General, High Court of Karnataka, Kalaburgi Vs. B ...

Court : Karnataka Kalaburagi

Subject : Criminal

(1974)4 SCC 443. Relied on. Bachan Singh vs. State, (1980)2 SCC 684. Relied on. Code of Criminal Procedure, 1973, Section 354(2)- Death sentence- It can only be imposed for special reasons as provided in Section 354(2) of the … reason . It is Section 361. Section 360 of the Code re- enacts, in substance, Section 562 of the Criminal Procedure Code, 1898 (in short the old Code ). Section 361 which is a new provision in the Code makes … (Prayers: This Criminal Reference Case is filed under Section 366 of Code of Criminal Procedure for confirmation of death sentence awarded to accused 1) … with 34 of Indian Penal Code, 1860 and 201 read with 34 Indian Penal Code, 1860 and under Section 98 of Karnataka Police Act, 1963.) Anand Byrareddy, J. 1. The reference by the court below as well as

Naveen Chandra Vs. State of Uttranchal

Court : Supreme Court of India

Subject : Criminal

Acts : 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

Reported in : 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 … relation to property. Section 99 lays down the limits of the right of private defence. Sections 96 and 98 give a right of private defence against certain offences and acts. The right given under Sections 96 to

Jamal UddIn Ahmad Vs. Abu Saleh NajmuddIn and anr.

Court : Supreme Court of India

Subject : Election

Acts : Representative of the People Act, 1951 - Sections 80, 80A, 80A(2), 81, 82, 83, 86, 98, 100(1), 101, 117 and 169; Constitution of India - Articles 214, 216, 235 and 329; Code of Criminal Procedure (CrPC) , 1973 - Sections 125 and 235

Reported in : AIR2003SC1917; 2003(3)AWC1744(SC); JT2003(2)SC320; 2003(2)KLT638(SC); 2003(2)SCALE518; (2003)4SCC257; [2003]2SCR473

charged with the offence; power conferred on Magistrate to grant maintenance under Section 125 of the Code of Criminal Procedure 1973 to prevent vagrancy implies a power to allow interim maintenance; power conferred on a local authority to … the person charged with the offence; power conferred on Magistrate to grant maintenance under Section 125 of the Code of Criminal Procedure 1973 to prevent vagrancy implies a power to allow interim maintenance; power conferred on a … be deemed to be an order made under Clause (a) of Section 98.(2) As soon as may be after an election petition has been presented

Ahmed Abdul Aziz Bengali Vs. Mohammed Hanif M. Mulla and ors.

Court : Mumbai

Subject : CivilProperty

Acts : Code of Civil Procedure (CPC), 1908 - Sections 35 and 35A - Order 2, Rules 97, 98, 99, 100 and 101 - Order 21, Rules 22 and 101 to 103 - Order 22, Rule 21; Civil Procedure (Amendment) Code, 1976; Constitution of India - Article 227; Code of Criminal Procedure (CrPC) , 1973 - Sections 340; Bombay Rent Act - Sections 12; Contempt of Courts Act; Shops and Establishment Act

Reported in : 2001(3)ALLMR720

consider of Imposing exemplary and punitive costs. Mr. Anturkar has referred to Section 340 of the Code of Criminal Procedure to contend that, from the materials on record, prima facie, it would appear that the petitioner has committed … Executing Court cannot go behind the decree, however, in view of the scheme of the provisions of the Code of Civil Procedure, it is open to the obstructionist, who is not claiming through the judgment debtor, to … not being a judgment-debtor against whom an order is made under rule 98, rule 99, or rule 101 may institute a suit to establish the … According to the petitioner, unlawful subletting was done recently in the year 1973-74, this period obviously corresponds with the period when the respondent No. 2

Prem Pal Singh and ors. Vs. Phool Singh and anr.

Court : Rajasthan

Subject : Criminal

Reported in : 1980WLN483

N.M. Kasliwal, J.1. This petition under Section 482 Criminal Procedure Code, 1973, is to quash the proceedings before the Judicial Magistrate No. 5, Jaipur City, in respect of offence … sanction has been obtained frorn the CentralGovernment or of the State Government, as required under Section 196(1)(a) of the Criminal Procedure Code can take cogaizance of such offence without obtaining the sanction of, the above authority. The learned Magistrate was, … rights. Reliance is placed on Hussainbhay Ismailji v. Emperor AIR 1936 Sind 98, Dhirendra Nath Sen and Anr. v. Rajat Kanti Bhadra AIR 1936 Sind

Shri Murlidhar Datoba Nimanka, Vs. Shri Harish Balkrushna Latane,

Court : Mumbai

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 4, 4(1), 21, 100, 114, 141 and 152 - Order 9, Rules 9 and 13 - Order 14 - Order 38 - Order 39, Rules 3 and 11 - Order 37, Rule 3(5), 3(6) and 3(7) - Order 44, Rule 1 - Order 47; Maharashtra Cooperative Societies Act, 1960 - Sections 2, 2(21), 2(26), 44A, 88, 91, 91A, 93, 94, 94(1), 94(3A), 94(4), 95, 95(1), 95(4), 96, 97, 98, 105, 146, 147, 148A, 149, 150, 163 and 165; Maharashtra Cooperative Societies Rules, 1961 - Rules 75, 76, 77, 77E, 77E(1), 77E(2), 77E(3), 77E(4), 77E(5), 77F, 77F(3), 77F(4), 78, 79, 80, 81, 82, 83, 83(3), 84 and 86; Bombay General Clauses Act, 1904 - Sections 22; Code of Criminal Procedure (CrPC) , 1973; Code of Civil Procedure (CPC) (Amendment) Act, 1976; Punjab Courts Act, 1980 - Sections 41; Court Fees Act -

Reported in : 2003(3)ALLMR123; 2003(6)BomCR153; 2003(4)MhLj196

such report is forwarded is empoweredto proceed with the matter in the same manner as providedin Code of Criminal Procedure, 1973. Further, a persontrying to act in a manner which amounts to contempt ofCooperative Court can be also … theapplication filed by the Respondents for action underOrder 39 Rule 3 of Code of Civil Procedure against thePetitioners. Consequent to the appeal being allowed bythe … underSection 98 and orders under Section 95 as well as thejurisdiction of the Cooperative Appellate Court in thatregard. Section 98 speaks of recovery of money inexecution of the award. Chapter XII relates to offencesand penalties. Section 146 relates