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Dharam 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 - … property, whether one's own or another person's against certain specified offences, namely, theft, robbery, mischief and criminal trespass. Section 99 IPC lays down exceptions to which rule of self defence is subject. Section 100 IPC provides, inter alia,
Tag this Judgment! AI Brief & AskState of U.P. Vs. Harendra Arora and anr.
Supreme Court of India
May-02-2001
ServiceConstitution
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)
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
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 … of offences of theft, robbery, mischief or criminal trespass, and attempts at such offences in relation to property. Section 99 lays down the limits of the right of private defence. Sections 96 and 98 give a right of … 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
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Babulal 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 & 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 … of offences of theft, robbery, mischief or criminal trespass, and attempts at such offences in relation to property. Section 99 lays down the limits of the right of private defence. Sections 96 and 98 give a right of
Tag this Judgment! AI Brief & AskState of U.P. Vs. Niyamat and ors.
Supreme Court of India
Apr-14-1987
Criminal
Indian Penal Code (IPC) - Sections 97, 99, 147, 149, 302 and 395; Code of Criminal Procedure (CrPC) - Sections 41
AIR1987SC1652; 1987CriLJ1881; JT1987(3)SC1; 1987(1)SCALE844; (1987)3SCC434; [1987]2SCR953
- Sections 97, 99, 147, 149, 302 and 395 of Indian Penal Code, 1860 and Section 41 of Criminal Procedure Code, 1973 - allegation of murder committed while trying to rescue a person arrested by police - firing of … arrest was lawful. For that purpose the relevant provisions which has been considered is Section 41 of the CrPC, 1973. learned Counsel for the appellant contended that the relevant provision is Section 41 Clause (a). The constables were
Tag this Judgment! AI Brief & AskRoshan Beevi and ors. Vs. Joint Secretary to Government of Tamil Nadu ...
Chennai
Nov-09-1983
CriminalCustoms
Constitution of India - Articles 20(3), 21, 22, 22(2) and 226; Indian Penal Code (IPC), 1860 - Sections 99, 193, 225, 228, 241, 339 and 342; Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 36(1), 43, 45, 45(1), 46, 160(1), 164, 167(1), 438 and 439; Evidence Act - Sections 24, 25, 26 and 27
1984(15)ELT289(Mad)
45 (1), 46, 160 (1), 438 and 439 of Criminal Procedure Code, 1973, Sections 24 to 27 of Indian Evidence Act and Section 104 (1) … learned counsel appearing for the petitioner in W.P. 6880/83, took us very meticulously through the various provisions of the Criminal Procedure Code, the Indian penal Code and the Customs Act and also the various text books written by renowned authors, … took us very meticulously through the various provisions of the Criminal Procedure Code, the Indian penal Code and the Customs Act and also the various … arrested has got the right of private defence and can repel the arrest even by violence subject to Section 99, I.P.C. See In re Pedda Munni Reddy : AIR1948Mad472 and In re Marceda Somaiya : AIR1945Mad409 . Therefore,
Tag this Judgment! AI Brief & AskBhootati Konda Murugadu Vs. State of Andhra Pradesh
Andhra Pradesh
Dec-20-1995
Criminal
Indian Penal Code (IPC), 1860 - Sections 99, 332, 352 and 353; ;Code of Criminal Procedure (CrPC) , 1973 - Sections 41, 41(1), 54, 55, 55(1), 56, 56(1) and 104
1996(2)ALD905; 1996(1)ALD(Cri)660; 1996(2)ALT(Cri)85; 1996CriLJ3310
Penal Code, 1860 and Sections 41, 41 (1), 54, 55, 55 (1), 56, 56 (1) and 104 of Criminal Procedure Code, 1973 - petitioner alleged his arrest by Head Constable (HC) was illegal - contended that HC did not … 1 and 2 without obtaining a written order from PW 4 as required under S. 55 of the Code of Criminal Procedure (for short, 'the Code') was illegal and therefore the petitioner was entitled to use criminal … such criminal force shall be in accordance with the provisions of S. 99, IPC. 8. It is necessary to notice clause (i) of sub-section (1) … in nine categories of cases mentioned in S. 41(1) of the Code. Section 55(1) gives a special power of arrest to a police officer, in
Tag this Judgment! AI Brief & AskAnand 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
On 3rd December 1998, the Government 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 any other form of the play … 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
Tag this Judgment! AI Brief & AskP.V. Narsimha Rao Vs. State (Cbi/Spe)
Supreme Court of India
Apr-17-1998
Media and CommunicationCriminal
Privileges of Parliament Act, 1512; Code of Criminal Procedure (CrPC) , 1973 - Sections 108, 164, 173(8), 190, 193, 195 to 197 and 306; Constitution of India - Articles 1(6), 13(2), 19(1), 21, 32, 84, 99, 101, 102, 103, 105(2), 150, 160, 167, 168, 170, 172, 173, 190, 191, 192, 194, 211, 226, 246, 324 and 329; Constitution of India (forty fourth Amendment) Act, 1978 - Sections 15; Prevention of Corruption Act, 1988 - Sections 2, 7, 10, 11, 12, 13, 15 and 19(1); People Act, 1951; Salary, Allowances and Pension of Members of Parliament Act, 1954 - Sections 2, 3, 4, 6(2), 6-A(2) and 8A(1); Indian Penal Code (IPC), 1860 - Sections 2, 5, 8, 9, 12, 21, 120B, 161-A, 164 and 193; Crimes Act, 1914 - Sections 73A; Prevention of Corruption Act, 1947 - Sections 2 and 5(2); Prevention of Corruption Act,
AIR1998SC2120; 1997(1)ALD(Cri)157; 1998(1)ALD(Cri)762; 1997(1)BLJR263; 1998CriLJ2930; 1998(3)SCALE53; (1998)4SCC626; [1998]2SCR870
office at the time when the offence was alleged to have been committed.(3) Notwithstanding anything contained in the CrPC, 1973 (2 of 1974), -(a) no finding, sentence or order passed by a Special Judge shall be reversed or … Member of Parliament would be immune from effective punitive sanctions of the kind that can be inflicted under the criminal law. Public obloquy is unlikely to be an effective sanction against such a person and accordingly we consider … of this Constitution and to the rules and standing order regulating the procedure of Parliament, there shall be freedom of speech in Parliament.(2) No Member … was no charge against them under Section 193 of the Indian Penal Code. Shailender Mahto of the J.M.M., it may be mentioned, later turned approver
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