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Prakash Supdu Chaudhari Vs. State of Maharashtra and ors.

Court : Mumbai

Subject : Criminal

Acts : Bombay Police Act, 1951 - Sections 56(1) and 59; Indian Penal Code

Reported in : 1992(1)BomCR588

Penal Code, he can be dealt with normal criminal law and can be punished under the provisions of the Indian Penal Code, 1860. But for proving the guilt of the accused, it is necessary that some witnesses should depose before the … to be engaged in the commission of an offence involving force or violence or an offence punishable under Chapter XII, XVI or XVII of the Indian Penal Code, or in the abatement of any such offence and … N.P. Chapalgaonkar, J.1. On 28-8-1990 and 11-9-1990, identical notices were served on the petitioner purporting to be

G.S.R. Krishnamurthi Vs. M. Govindaswamy, Income-tax Officer

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 72(3), 132, 132(4), 136, 139, 142, 143, 148, 269A, 269F, 269-I, 269P(1), 269S, 269AB, 271, 271(1), 271(4A), 273A, 275A, 276, 276A, 276B, 276C, 276C(1), 276D, 276E, 276AA, 276CC, 276DD, 277, 278, 278A, 278C, 279, 279(1) and 279(1A); Indian Penal Code (IPC), 1860 - 34, 37, 109, 120B, 193, 196 and 420; Code of Criminal Procedure (CrPC) , 1973 - Sections 195; General Clauses Act, 1897 - Sections 26; Finance Act, 1985

Reported in : (1992)104CTR(Mad)143; [1992]195ITR137(Mad)

intention, committed offence punishable under section 120B read with section 193, 196, 420, 109, 34 and 37 of the Indian Penal Code, 1860, and sections 276C(1), 277 and 278 of the Income-tax Act, 1961, in one series of facts connected together … the offences under the Income-tax Act would get wiped out. (7) Sub-section (6) of section 269F occurring in Chapter XX-A dealing with acquisition of immovable properties in certain cases of transfer to counteract evasion of tax introduced … Court of the Additional Chief Metropolitan Magistrate (Economic Offences), Egmore, Madras-600 008. 2. He is the Karta of the undivided family consisting of himself, his

Shimbu Imports and Exports (Private) Limited (In Liquidation) Vs. Avin ...

Court : Karnataka

Subject : Company

Acts : Companies Act, 1956 - Sections 2(11), 10, 193, 194, 237, 391, 394, 395, 397 to 407, 425 to 560, 622, 624 and 629; Companies (Amendment) Act, 1960; Companies Act, 1913 - Sections 171; Companies (Court) Rules, 1959 - Rule 9; Code of Criminal Procedure (CrPC) , 1898; Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 4 and 26; Indian Penal Code (IPC), 1860

Reported in : 2007(4)KarLJ583

follows.--Under Section 4 of the Code of Criminal Procedure, 1973, the general law is that all offences under the Indian Penal Code, 1860, and any other law shall be investigated, inquired into, tried and otherwise dealt with according to the provisions … above said applications.5. Learned Counsel appearing for the respondents in Company Application No. 135 of 2000 submitted that Chapter V of the Act deals with offences antecedent to or in the course of winding up and Section … Learned Counsel appearing for the respondents in Company Application No. 135 of 2000 raised an objection regarding the maintainability of the application contending that this

State of Maharashtra Vs. L.D. Kanchan and Others

Court : Mumbai

Subject : Company

Acts : Companies Act, 1956 - Sections 617; Prevention of Corruption Act - Sections 5(1 and 2); Banking Regulation Act - Sections 46A and 51; Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 - Sections 14 and 51; Banking Companies (Acquisition and Transfer of Undertakings) Amendment Act, 1980; Indian Penal Code (IPC), 1860 - Sections 21(12) and 161

Reported in : 1989(1)BomCR59; [1991]72CompCas632(Bom)

a nationalised bank is not a 'public servant' within the meaning of clause (12)(b) of section 21 of the Indian Penal Code, 1860, are quashed and set aside. Rule in each of the criminal revision application is, accordingly, made absolute. Company … and other employees of banking company shall be deemed to be a public servant for the purposes of Chapter IX, Indian Penal Code.' In the Banking Companies (Acquisition and Transfer of Undertakings) Act of 1970, section 14 … banks are 'public servants' within the meaning of clause (12)(b) of section 21 of the Indian Penal Code. 2. The brief facts giving rise to

S. Arumugam Vs. the Commissioner of Police Madras and Another

Court : Chennai

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 34, 75, 148, 302, 332, 336, 341, 379, 380, 392, 394, 397, 457 and 506; Code of Criminal Procedure (CrPC) , 1973 - Sections 161

Reported in : 1995CriLJ194

detention - Sections 34, 75, 148, 302, 332, 341, 379, 380, 392, 394, 397, 457 and 506 of Indian Penal Code, 1860 - detention of petitioner challenged - petitioner detained with a view to prevent him from acting in any … a person who habitually commits or attempts to commit or abets the commission of the offence punishable under Chapter XVI or XVII or XXII of Indian Penal Code. The word 'habitually' is used only in relation to … from acting in any manner prejudicial to the maintenance of public order. 2. The main ground urged by petitioner's counsel is that the detaining authority

Yogesh @ SachIn Jagdish Joshi Vs. State of Maharashtra

Court : Supreme Court of India

Subject : Criminal

Acts : Arms Act - Sections 3 and 25; Code of Criminal Procedure (CrPC) , 1973 - Sections 209, 227 and 228; Indian Penal Code (IPC), 1860 - Sections 120A, 120B, 302 and 482; Constitution of India - Article 227

Reported in : AIR2008SC2991; 2008CriLJ3872; JT2008(6)SC299; 2008(6)SCALE469; (2008)10SCC394; 2008AIRSCW5043; 2008(3)LH(SC)2230; 2008(3)AICLR256; [2008] 6 SCR 1116; 2008 INSC 534

A-2, A-4 to A-7, A-11 and A-12 have been prosecuted for offences under Section 302 and 120B of the Indian Penal Code, 1860 (for short 'the I.P.C.'), whereas accused A-7 to A-10 and A-13 to A-16 have been prosecuted for offences … briefly notice the scope and ambit of powers of the Trial Judge under Section 227 of the Code.14. Chapter XVIII of the Code lays down the procedure for trial before the Court of Sessions, pursuant to an

Col. B.S. Khatri Vs. State of Maharashtra and anr.

Court : Mumbai

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) - Sections 156(3), 195 and 340; Indian Penal Code (IPC), 1860 - Sections 120B, 172 to 188, 191, 192, 193 to 196, 198, 199, 200, 201, 202, 203, 205 to 211, 228, 397, 401, 420, 464, 465, 467, 471, 475, 476 and 482; Constitution of India - Article 226

Reported in : 2004(1)BomCR424; 2004(1)MhLj747

Section 156 (3) of Criminal Procedure Code, 1973 and Sections 120-B, 420, 464, 465, 467 and 471 of Indian Penal Code, 1860 - petition filed against Order directing investigation under Section 156 (3) - investigation directed on basis of complaint … bar.8. We will first consider the scheme of the Cr.P.C. in regard to taking of cognizance on complaints. Chapter XIV of the Cr.P.C. 1973 (hereinafter referred to as the Code) provide for conditions requisite for initiation proceedings … are sought to be quashed by these writ petitions filed under Article 226 of the Constitution of India.4. Rule was issued in W.P.No. 661 of

Union of India Vs. K. Siraj

Court : Chennai

Subject : Customs

Acts : Customs Act, 1962 - Sections 2(19), 11, 11(2), 28, 47, 51, 100, 101, 102, 103, 104, 105, 106A, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 124, 125, 129D, 130, 132, 133, 134, 135 and 135A

Reported in : 1993(44)ECC262; 1993(65)ELT25(Mad)

are informed that giving false evidence in this proceedings is an offence punishable under Section 193 of the Indian Penal Code, 1860....' 15. This notice is clearly with respect to the alleged evasion of customs duty on the import of … exported goods, etc. and in particular with respect to searches, seizure and arrest of persons and goods in Chapter XIII thereof. Section 108 which falls in this Chapter, reads as follows :- '108. Power to summon persons … and produce documents relating to import of the consignment and sales thereof. 2. The petitioner-respondent is the proprietor of M/s. Integrated Exports, M/s. Arasan Industries

Sunil Mehta and Another Vs. State of Gujarat and Another

Court : Supreme Court of India

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC), 1973 - Chapter 15, Part B(19), 156(3), 202(2), 244, 245(2), 247, 200, 192, 201, 203(1); Indian Penal Code (IPC), 1860 - Sections 406, 420, 114, 34, 114;

A complaint alleging commission of offences punishable under Sections 406, 420 and 114 read with Section 34 of the Indian Penal Code, 1860 was filed by respondent No.2-Company before the Chief Judicial Magistrate, Gandhi Nagar, Gujarat. The Magistrate upon examination of … falls for our determination in this appeal is whether depositions of the complainant and his witnesses recorded under Chapter XV of the Code of Criminal Procedure, 1973 before cognizance is taken by the Magistrate would constitute evidence

Mahindra and Mahindra Financial Services Ltd. and anr. Vs. Rajiv Dubey

Court : Supreme Court of India

Subject : Criminal

Acts : Negotiable Instruments Act, 1881 - Sections 138; Indian Penal Code (IPC), 1860 - Sections 34, 294, 405, 406, 420 and 506; Code of Criminal Procedure (CrPC) , 1973 - Sections 155(2), 156(1), 200 and 482; Constitution of India - Article 226

Reported in : 2008(16)SCALE62; 2009(1)SCC706; 2009(1)LHSC64; 2009(1)SCC(Cri)603

SDJM, Bhubaneshwar in ICC 210 of 2000 taking cognizance of offence punishable under Sections 406 and 420 of the Indian Penal Code, 1860 (in short the `IPC'). In the complaint it was inter-alia alleged as follows:The complainant as the Managing Director … observed as follows:108. In the backdrop of the interpretation of the various relevant provisions of the Code under Chapter XIV and of the principles of law enunciated by this Court in a series of decisions relating to … to interfere with the order passed by learned SDJM, Bhubaneshwar in ICC 210 of 2000 taking cognizance of offence punishable under Sections 406 and 420