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Sunil Pillai Vs. Union of India (Uoi)
Madhya Pradesh
Jan-17-2003
Criminal
Code of Criminal Procedure (CrPC) , 1974 - Sections 198, 198(1) and 320(2); Indian Penal Code (IPC), 1860 - Sections 494
2003(2)MPHT459
Section 494 or Section 495 of the Indian Penal Code (45 of 1860), is the wife, complaint may be made on her behalf by her … 'the Code') whereby certain persons have been exclusively authorised to compound the offence punishable under Section 494 of the Indian Penal Code (in short 'the IPC') as ultra vires.2. It is averred in the petition that the petitioner is a … all and the criminal law can be set in motion by the persons aggrieved as provided for under Section 198 of the Code but it can be compounded by the husband or the wife of the person so
Tag this Judgment! AI Brief & AskSow. Swati SachIn Mahajan (Pagare) Vs. the State of Maharashtra
Mumbai
May-04-2007
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 156, 156(1), 156(3), 190, 193, 198 and 198(1); Indian Penal Code (IPC), 1860 - Sections 34, 109, 494 and 495
I(2008)DMC79
- Disputed - Sections 156(1), (3) and 198(1) of the Code of Criminal Procedure - Section 494 of the Indian Penal Code 1860 - Applicant was married to Accused No. 1 - While the marriage of Applicant was subsisting with Accused
Tag this Judgment! AI Brief & AskAshok Kumar Mohanty Vs. State of Orissa
Orissa
Apr-07-2006
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 195, 195(1), 198, 198(4), 204 and 482; Indian Penal Code (IPC), 1860 - Sections 34, 109, 376, 494, 495, 498A, and 506; Dowry Prohibition Act - Sections 4
102(2006)CLT203; 2006(I)OLR777
for offences against marriage- (I) No Court shall take cognizance of an offence punishable under Chapter XX of the Indian Penal Code (45 of 1860) except upon a complaint made by some person aggrieved by the offence:Provided that-(a) where such … is under challenge.4. Learned Counsel for the petitioner argues that on the face of the statutory provision in Section 198, Cr.P.C. together with definition of the term 'Complaint' as provided in Section 2(d), Cr.P.C. learned S.D.J.M. acted illegally
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S. Radhika Sameena Vs. the S.H.O., Habeebnagar Police Station, Hyderab ...
Andhra Pradesh
Sep-06-1996
Criminal
Indian Penal Code (IPC), 1860 - Sections 494 and 495; Code of Criminal Procedure (CrPC) , 1973 - Sections 198(1)
1996(4)ALD1; 1996(2)ALD(Cri)743; 1996(4)ALT73; 1997CriLJ1655; I(1997)DMC132
husband, contracts any other marriage shall be subject to the penalties provided in Sections 494 and 495 of the Indian Penal Code, 1860 (45 of 1860), for the offence of marrying again during the lifetime of a husband or wife, and … be, does not seem to permit such a course of action in view of the specific language of Section 198(1) of the Code of Criminal Procedure, under which, the complaint to the Court, competent to take cognizance of
Tag this Judgment! AI Brief & AskSimachal Mishra Vs. State of Orissa
Orissa
Sep-04-2001
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 155, 193, 195, 197, 198, 198(1), 198(2), 199, 238, 482 and 493 to 498; Indian Penal Code (IPC), 1860 - Sections 17, 34, 193, 195, 197, 198, 406, 494 and 498-A;
92(2001)CLT444; I(2002)DMC33; 2001(II)OLR381
order.9. Criminal misc. case allowed. Criminal - Cognizance - Quashing of - Sections 34, 494 and 498A of Indian Penal Code, 1860 (IPC) and Section 198 of the Code of Criminal Procedure, 1973 (Cr.PC) - Case registered against petitioner under
Tag this Judgment! AI Brief & AskBaljeet Kaur @ Kulvinder Kaur Vs. State of Haryana
Punjab and Haryana
Sep-26-1997
FamilyCriminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 198, 198(1) and 482; Indian Penal Code (IPC), 1860 - Sections 406, 494, 495, 496 and 498A; Dowry Prohibition Act, 1961 - Sections 3, 4 and 5
I(1998)DMC498
Section 494 or Section 495 of the Indian Penal Code (45 of 1860) is the wife, complaint may be made on her behalf by her … father of the first wife (in this case the only wife according to the petitioners).20. Chapter XX of the Indian Penal Code deals with the offences relating to marriage. Sections 494 to 496 are also found in the said chapter. … and 496, IPC can be lodged only by the alleged second wife or her relations as mentioned in Section 198 of the Cr.P.C. and not by others and, therefore, no complaint can be lodged by the father of
Tag this Judgment! AI Brief & AskBaljeet Kaur and ors. Vs. State of Haryana and anr.
Punjab and Haryana
Sep-26-1997
FamilyCriminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 190, 198, 198(1) and 482; Indian Penal Code (IPC), 1860 - Sections 406, 494, 495, 496 and 498A
II(1998)DMC655
Section 494 or Section 495 of the Indian Penal Code (45 of 1860) is the wife, complaint may be made on her behalf by her … Indian Penal Code can be lodged only by the alleged second wife or her relations as mentioned in Section 198 of the Criminal Procedure Code and not by others and, therefore, no complaint can be lodged by the … of the first wife (in this case the only wife according to the petitioners). 20. Chapter XX of the Indian Penal Code deals with the offences relating to marriage. Sections 494 to 496 are also found in the said chapter.
Tag this Judgment! AI Brief & AskG.S.R. Krishnamurthi Vs. M. Govindaswamy, Income-tax Officer
Chennai
Jun-13-1991
Direct Taxation
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
(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 … that that immunity is a qualified one and is not absolute as it is in English law. Under section 198, Criminal Procedure Code, a complaint in respect of an offence under section 499, Indian Penal Code, can be
Tag this Judgment! AI Brief & AskBharat Chandra Sahoo Vs. State of Orissa and anr.
Orissa
May-03-1995
FamilyCriminal
Indian Penal Code (IPC), 1860 - Sections 494 and 498A; Code of Criminal Procedure (CrPC) , 1973 - Sections 198(1) and 482
81(1996)CLT820; II(1996)DMC202
prayer to discharge him. Accusations relate to alleged commission of offences punishable under Sections 494 and 498A of the Indian Penal Code, 1860 (in short,' I.P.C). Petitioner's stand before the learned S.D.J.M. was two folds. Firstly, in the absence of a … stand before the learned S.D.J.M. was two folds. Firstly, in the absence of a complaint as provided under Section 198 of the Code, there was no scope for taking cognizance. Secondly, the ingredients necessary to constitute offence punishable
Tag this Judgment! AI Brief & AskThe State Vs. Gangamma (A-4) and ors.
Karnataka
Dec-17-1964
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 198 and 438; Indian Penal Code (IPC), 1860 - Sections 493 to 496
AIR1965Kant235; AIR1965Mys235; 1965CriLJ376; (1965)1MysLJ92
- cognizance - Sections 198 and 438 of Criminal Procedure Code, 1973 and Sections 493 to 496 of Indian Penal Code, 1860 - matter pertaining to cognizance of offence taken by Magistrate - whether brother of deceased first wife of … under S. 198 of the Code of Criminal Procedure to file a complaint for the offence of bigamy.(5) Section 198 of the Code of Criminal Procedure, after the amendment by Central Act 56 of 1960, reads as follows:198.
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