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G.D. Sharma and R.N. Tyagi Vs. the State of Uttar Pradesh

Court : Supreme Court of India

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1898 - Sections 236, 237 and 423; Indian Penal Code (IPC), 1860 - Sections 467 and 477A

Reported in : AIR1960SC400

the disposal of the appeals may be avoided. Criminal - Retrial - Sections 467, 471 and 477 of Indian Penal Code, 1860 and Sections 236 and 237 of Criminal Procedure Code, 1973 - Appeal against setting aside of conviction and … with which he had not been charged if the court is of the opinion that the provisions of Section 236 apply, that is to say, if a single act is or a series of acts are of such

Rajendra Singh and anr. Vs. State of Uttar Pradesh

Court : Allahabad

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1898 - Sections 221, 222, 223, 225, 236, 237, 238, 238(1), 423, 439 and 535; Indian Penal Code (IPC), 1860 - Sections 403, 405, 406 and 420

Reported in : AIR1960All387; 1960CriLJ857

225, 236, 237, 238 and 439 of Criminal Procedure Code, 1898 - accused convicted under Section 406 of Indian Penal Code, 1860 - facts show offence under Section 420 and not 406 of the Indian Penal Code - held, conviction

Ramaswamy Nadar Vs. the State of Madras

Court : Supreme Court of India

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 403 and 420; Code of Criminal Procedure (CrPC) , 1898 - Sections 236, 237, 238, 423 and 423(1)

Reported in : AIR1958SC56; 1958CriLJ228; (1958)IMLJ143(SC); (1958)36MysLJ(SC)113; [1958]1SCR739

the trial court is restored. 12. Appeal allowed. Criminal - dishonest intention - Sections 403 and 420 of Indian Penal Code, 1860 and Sections 236, 237, 238, 423 and 423 (1) of Criminal Procedure Code, 1898 - appeal against judgment … he had been acquitted', and according to the other view, 'of the offence disclosed'. If, in construing the section, the court has to supply some words in order to make the meaning of the statute clear, it

Thangal Vs. State of Kerala

Court : Kerala

Subject : Criminal

Acts : Code of Civil Procedure (CPC) , 1908 - Order 21, Rules 24(2), 37, 37(1) and 38; Indian Penal Code (IPC), 1860 - Sections 109 and 225B; Code of Criminal Procedure (CrPC) , 1898 - Sections 236 and 237

Reported in : AIR1961Ker331

(2), 37, 37 (1) and 38 of Code of Civil Procedure, 1908, Sections 225 B and 109 of Indian Penal Code, 1860 and Sections 236 and 237 of Criminal Procedure Code, 1898 - revision petition against confirming Order of conviction … the learned Magistrate under Ss. 353 and 225B, I.P.C., and sentenced to rigorous imprisonment for 4 months under Section 353 and rigorous imprisonment for 2 months under Section 225B. On appeal the District Magistrate of palghat set

Nani Gopal Biswas Vs. the Municipality of Howrah

Court : Supreme Court of India

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 201 and 302; Code of Criminal Procedure (CrPC) , 1898 - Sections 236 and 237; Calcutta Municipal Act, 1923 - Sections 299, 300 and 488(1); Constitution of India - Article 134(1)

Reported in : AIR1958SC141; 1958CriLJ271; [1958]33ITR1(SC); (1958)36MysLJ(SC)337; [1958]1SCR774

appeal. It is, accordingly, dismissed. 11. Appeal dismissed. Criminal - additional evidence - Sections 201 and 302 of Indian Penal Code, 1860, Sections 236 and 237 of Criminal Procedure Code, 1898, Sections 299, 300 and 488 (1) of Calcutta Municipal … the conviction could not possibly by correct in law......... It would therefore be arguable that a notice under section 299 to remove a compound wall unattached to any building could not be a notice 'lawfully given' or

Mohammad Safi Vs. the State of West Bengal

Court : Supreme Court of India

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 409; Code of Criminal Procedure (CrPC) , 1898 - Sections 236, 237 342, 403, 403(1) and 494; West Bengal Criminal Law (Special Courts) Act, 1949 - Sections 5(1), 190(1) and 251-A; West Bengal Criminal Law (Amendment) (Special Courts) Act, 1956; Constitution of India - Article 20; ;Profiteering Prevention Ordinance, 1943

Reported in : AIR1966SC69; 1966CriLJ75; [1965]3SCR467

valid in law and dismiss the appeal. 13. Appeal dismissed. Criminal - erroneous judgment - Section 409 of Indian Penal Code, 1860, Sections 236, 237 342, 403, 403 (1) and 494 of Criminal Procedure Code, 1898, Sections 5 (1), 190

Bijjoy Chand Potra Vs. the State

Court : Supreme Court of India

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 201, 302, 307 and 326; Code of Criminal Procedure (CrPC) , 1898 - Sections 236, 237 and 342

Reported in : AIR1952SC105; 1952CriLJ644; (1952)IMLJ411(SC); [1952]1SCR202

fails and is dismissed. 12. Appeal dismissed. Criminal - charge - Sections 201, 302, 307 and 326 of Indian Penal Code, 1860 and Sections 236, 237 and 342 of Criminal Procedure Code, 1898 - appellant convicted inspite of no charge … argument however overlooks the provisions of section 237 of the Criminal Procedure Code. That section, after referring to section 236 which provides that alternative charges may be drawn up against the accused person where it is doubtful which

The State of Andhra Pradesh Vs. Thadi Narayana

Court : Supreme Court of India

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1898 - Sections 236, 237, 238, 238(2), 403, 423, 423(1) and 439; Indian Penal Code (IPC), 1860 - Sections 302, 304, 392, 411 and 411A

Reported in : AIR1962SC240; (1963)IMLJ77(SC); [1962]2SCR904

(1) and 439 of Code of Criminal Procedure, 1898 and Sections 302, 304, 392, 411 and 411A of Indian Penal Code, 1860 - whether High Court can in exercise of its appellate power under Section 423 (1) (b) reverse the … be exercised The answer to this question is furnished by the provisions of s. 236, 237 and 238. Section 236 deals with cases where it is doubtful what offence has been committed s. 237 with cases where a

Mobarik Ali Ahmed Vs. the State of Bombay

Court : Supreme Court of India

Subject : Criminal

Acts : Extradition Act, 1870 - Sections 3(2); Fugitive Offenders Act, 1881 - Sections 8; Indian Penal Code (IPC), 1860 - Sections 2, 3, 4, 4(2), 34, 108-A, 177, 203, 212, 216, 216-A, 236, 415 and 420; Code of Criminal Procedure (CrPC) , 1898 - Sections 5(1) and 179; Evidence Act - Sections 16, 45, 47 and 88

Reported in : AIR1957SC857; (1959)61BOMLR58; 1957CriLJ1346; [1958]1SCR328

Sections 2, 3, 4, 4 (2), 34, 108-A, 177, 203, 212, 216, 216-A, 236, 415 and 420 of Indian Penal Code, 1860, Sections 5 (1) and 179 of Criminal Procedure Code, 1898 and Sections 16, 45, 47 and 88 of … proof of the handwriting of the contents, or of the signature, by one of the modes provided in Sections 45 and 47 of the Indian Evidence Act. It may also be proved by internal evidence afforded by

Emperor Vs. Abdul Wahab Kamruddin

Court : Mumbai

Subject : Criminal

Reported in : AIR1945Bom110; (1944)46BOMLR818

Divatia, J.1. The accused in this case was put up for his trial under Section 302. of the Indian Penal Code, 1860, for the offence of murder by intentionally causing the death of one Balwantsing. On 'account of the nature … only if that offence is specifically charged, and, secondly, that such a charge might have been made under Section 236. In my opinion, these assumptions are unwarranted and against the provisions of Sections 238 and 299 of the