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Konkati Narayana and ors. Vs. Balakanti Veerayya
Andhra Pradesh
Jul-14-1958
Criminal
Code of Criminal Procedure (CrPC) , 1898 - Sections 197; Hyderabad Gram Panchayats Act, 1956 - Sections 115, 128 and 145; Indian Penal Code (IPC), 1860 - Sections 21 and 52
AIR1959AP27; 1959CriLJ21
1898, Sections 115, 128 and 145 of Hyderabad Gram Panchayats Act, 1956 and Sections 21 and 52 of Indian Penal Code, 1860 - petition to revise Order of Magistrate - petitioners were 'Sarpanch' and 'Upsarpanch' - petitioner contended that complaint … previous sanction of the State Government.5. It is also contended by the learned Advocate for the petitioners that Section 128 of the Act is a bar to the prosecution of the petitioners inasmuch as the petitioners had acted
Tag this Judgment! AI Brief & AskMoideenkutty Vs. State of Kerala
Kerala
Jun-03-2008
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 122(7), 125, 125(3), 128, 250(3), 345(1), 358(2), 358(3), 359, 446 and 488; Indian Penal Code (IPC), 1860 - Sections 53 and 67; General Clauses Act - Sections 3 and 3(27); Negotiable Instruments Act - Sections 138; Constitution of India - Article 21
2008CriLJ3402; 2008(2)KLJ741
of either description as defined in the Indian Penal Code; (45 of 1860).12. The definition of the expression imprisonment as such is not available in … such liability to undergo imprisonment cannot be held to be a punishment as contemplated under Section 53 of the Indian Penal Code.8. The decision of the Supreme Court in Kuldip Kaur v. Surinder Singh : 1989CriLJ794 makes the position crystal … initiate proceedings against him under Section 125(3) Cr.P.C. The amount remained unpaid. By the impugned order passed under Section 128 Cr.P.C., for the default committed in payment of maintenance for the period of twelve months the petitioner was
Tag this Judgment! AI Brief & AskDhananjoy Bhowmik Vs. State of Tripura
Guwahati
Jun-25-1998
Criminal
Tripura Code of Criminal Procedure (CrPC) (Fourth Amendment) Act, 1998; Tripura Code of Criminal Procedure (CrPC) (Third Amendment) Act, 1992; Tripura Code of Criminal Procedure (CrPC) (Amendment) Act, 1997; Code of Criminal Procedure (CrPC) , 1974 - Sections 167, 167(2), 439 and 439A; Central Act; Arms Act, 1959 - Sections 25, 26, 27 and 28; Explosives Substances Act, 1908 - Sections 3, 4, 5 and 6; Indian Penal Code (IPC), 1860 - Sections 120B, 121, 121A, 122, 123, 124A, 128, 130, 132, 153A, 232, 238, 255, 302, 303, 304, 304B, 307, 313, 326, 333, 364, 365, 366, 366A, 366B, 367, 368, 376, 386, 387, 392, 394, 395, 396, 397, 399, 409, 412, 436, 449, 450, 467 and 489A; Constitution of India - Articles 19, 84 and 173
303, 304,307,326,333,364,365,366,366A, 366B, 367, 368, 376, 386,387, 392, 394, 395, 396,397, 399, 412, 436, 449 and 450 of the Indian Penal Code, 1860 (No. 45 of 1860) and Sections 25,26, 27 and 28 of the Arms Act, 1959 (54 of 1959) … H.K. Sema, J.1. This bail application has been filed under Section 439 of the Code of Criminal Procedure for releasing the accused Amulya Bhowmik who has been arrested on … of the Amendment Act. In this connection he has referred to Sections 128, 130, 132, 238, 255, 304B, 313, 409, 467 and 489A of the
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Md. Nayeem Khan Vs. Union Law Secretary, Government of India, New Delh ...
Andhra Pradesh
Jul-10-2001
Family
Muslim Women (Protection of Rights on Divorce) Act, 1993 - Sections 2, 3(1) and (3) and 5; Indian Penal Code (IPC), 1860 - Sections 71, 406, 498-A, 500 and 501; Code of Criminal Procedure (CrPC) , 1973 - Sections 125 to 128, 218 to 224 and 300; Muslim Women (Protection of Rights on Divorce) Act, 1986 - Sections 3 and 3(1); General Clauses Act - Sections 26; Dowry Prohibition Act, 1976 - Sections 4 and 6; Constitution of India - Articles 20 and 226
2001(5)ALD145; 2001(2)ALD(Cri)438; 2001(4)ALT666; I(2002)DMC686
of Muslim Women (Protection of Rights on Divorce) Act, 1993, Sections 71, 406, 498-A, 500 and 501 of Indian Penal Code, 1860, Sections 125 to 128, 218 to 224 and 300 of Criminal Procedure Code, 1973, Section 3 and 3
Tag this Judgment! AI Brief & AskChadalavada Subba Rao Vs. Kasu Brahmananda Reddy and ors.
Andhra Pradesh
Dec-13-1965
Election
Representation of the People Act, 1951 - Sections 90(2), 92, 94, 99, 100, 100(1), 101, 102, 116-A, 123, 123(1) and 128(1); Evidence Act, 1872 - Sections 3, 5, 114, 123, 124, 133 and 162; Indian Penal Code (IPC), 1860 - Sections 171-B; Code of Criminal Procedure (CrPC) , 1898 - Sections 337; Code of Civil Procedure (CPC), 1908 - Order 6, Rule 17; Conduct of Election Rules, 1961 - Rule 93
AIR1967AP155; 1967CriLJ691
Act, 1951, Sections 3, 5, 114, 123, 124, 133 and 162 of Evidence Act, 1872, Section 171-B of Indian Penal Code, 1860, Section 337 of Criminal Procedure Code, 1898, Order 6 Rule 17 of Code of Civil Procedure, 1908 and Rule … be jointly tried with the accused. This rule was adopted in White v. Commonwealth, 14 Century Digest Col. 1280. It was referred to with approval in the Madras case Ramaswami Goundan v. Emperor (1903) ILR 27 Mad
Tag this Judgment! AI Brief & AskMohammad Shariff Suleman Nadaf and ors. Vs. State
Mumbai
Jul-24-1968
Criminal
Code of Criminal Procedure (CrPC) , 1898 - Sections 128, 207-A, 213, 215 and 439; Indian Penal Code (IPC), 1860 - Sections 142, 147, 148 and 149
AIR1969Bom383; 1969CriLJ1351; ILR1969Bom927
offences under Sections 147, 148, 149, 151, 152, 295, 323, 325, 332, 302, 120-B, 109 and 114 of the Indian Penal Code with the respect to a riot in Sholapur City on September 17, 1967. The petitioners have prayed that … said order ; b) The case debated on applicability of Sections 147, 148, 149 and 142 of the Penal Code, 1860 - It was ruled that none of the Sections 147, 148 and 149 applied to person, who was … should be construed as in any manner reflecting on the action of the police in arresting the petitioners. Section 128 of the Criminal P. C. gives powers to the police to arrest persons 'who from part of an
Tag this Judgment! AI Brief & AskKashibatla Ramakrishna Vs. Cbi
Delhi
Apr-16-2012
Land Acquisition
report. Under Section 238, the Magistrate has to satisfy himself the compliance of the provision of Section 207 Indian Penal Code, 1860. Section 239 relates to cases when the accused shall be discharged and Section 249 relates to framing of charges. … to consider whether it is expedient and in the interest of justice to permit a prosecution to continue. 128. If I allow the proceedings continued before the Trial Court against the petitioner, it would be an abuse
Tag this Judgment! AI Brief & AskJagveer Singh Vs. Chairman, Co-operative Textile Mills Ltd., Bulandsha ...
Allahabad
May-06-1999
ConstitutionTrusts and Societies
Constitution of India - Articles 12, 14, 32, 226, 266(1), 226(1A), 367 and 372; Uttar Pradesh Co-operative Societies Act, 1965 - Sections 2 (2) and (4), 3, 9, 21, 27(2), 29(3), 35, 37, 44, 64, 68, 69, 70, 121, 122, 124 and 128; Indian Penal Code (IPC), 1860 - Sections 21; Bombay Trust Act, 1950; Industrial Disputes Act, 1947 - Sections 10A; General Clauses Act, 1897 - Sections 2(42)
1999(3)AWC2349; (1999)2UPLBEC1251
Act and that being the position, he is a 'public servant' within the meaning of Section 21 of the Indian Penal Code as visualised by Section 124 of the Act. The registrar Co-operative Societies, Uttar Pradesh has the power to … Ram Saran v. State of U. P. and others, (1998) 3 UPLBEC 1860, one of us (S. R. Singh, J.) had an occasion to go … any resolution passed by the Committee of Management or general body of any co-operative society as visualised by Section 128 of the Act, the Registrar exercises control over co-operative societies and as stated herein above, the Registrar is
Tag this Judgment! AI Brief & AskH.N. Rishbud and Vs. the State of Delhi
Supreme Court of India
Dec-14-1954
Criminal
Indian Penal Code (IPC), 1860 - Sections 120-B, 161, 165, 165-A, 169 and 420; Code of Criminal Procedure (CrPC) , 1898 - Sections 5, 54, 128, 129, 154, 155, 156, 156(1), 156(2), 162, 168, 170, 173, 190, 190(1), 193, 195, 199, 202, 217, 225-A and 233
AIR1955SC196; 1955CriLJ526; [1955]1SCR1150
objections before the Special Judge. Criminal - investigation - Sections 120-B, 161, 165, 165-A, 169 and 420 of Indian Penal Code, 1860 and Sections 5, 54, 128, 129, 154, 155, 156, 156 (1), 156 (2), 162, 168, 170, 173, 190, … basis of which the appellants were being prosecuted were in contravention of the provisions of sub-section (4) of section 5 of the Prevention of Corruption Act, 1947, and hence illegal. In Appeal No. 95 of 1954 the
Tag this Judgment! AI Brief & AskMithu Vs. State of Punjab
Supreme Court of India
Apr-07-1983
Constitution
Indian Penal Code (IPC), 1860 - Sections 121, 121-A, 122, 124-A, 125, 128, 130, 131, 132, 194, 222, 225, 232, 238, 255, 300, 302, 303, 304, 305, 307, 311, 313, 314, 326, 329, 363-A, 364, 371, 376, 388, 389, 394, 395, 396, 400, 409, 412, 413, 436, 438, 449, 459, 460, 467, 472, 474, 475, 477, 489-A, 489-B, 489-D and 511; Constitution of India - Articles 14 and 21; Code of Criminal Procedure (CrPC) , 1973 - Sections 235(2), 354(3), 397, 397(2) and 427(2)
AIR1983SC473; 1983CriLJ811; 1983(1)Crimes957(SC); 1983(1)SCALE331; (1983)2SCC277; [1983]2SCR690
a very exceptional class of cases- 'the rarest of rare cases'.5. The Indian Penal Code was passed in 1860. The framers of that Code achieved a measure of success in classifying offences according to their subject-matter, defining … 1. The question which arises for consideration in these proceedings is whether Section 303 of the Indian Penal Code infringes the guarantee contained in Article 21 of the Constitution which provides that 'No person shall be deprived … life imprisoment. Those sections are : Sections 121, 121-A, 122, 124-A, 125, 128, 130, 131, 132, 194, 222, 225, 232, 238, 255, 302, 304 part
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