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P.V. Prabhakara Rao Vs. Enforcement Directorate
Andhra Pradesh
Mar-11-1998
FERA
Foreign Exchange Regulation Act, 1973 - Sections 5(1), 13, 18(1), 19(1), 40, 40(3), 43, 43(2), 43(4), 44(2), 56, 57, 58 and 67; Code of Criminal Procedure (CrPC) , 1973 - Sections 482; Code of Civil Procedure (CPC), 1908 - Sections 132; Indian Penal Code (IPC), 1860 - Sections 174, 193 and 228
1998(2)ALD677; 1998(1)ALD(Cri)613; 1998(1)ALT(Cri)392; 1998CriLJ2507
amount or value involved in such contravention - such contravention also amounts to offence under Section 174 of Indian Penal Code, 1860 - offender to be prosecuted under FERA as it is special Act and always preferable over general Act … Offences, Hyderabad against the petitioner herein, who is the accused, for the offences under Sections 56 read with Section 40 of the Foreign Exchange Regulation Act, 1973 (for short, 'the Act'), contending as follows :The complainant is a
Tag this Judgment! AI Brief & AskAjay Bakliwal Vs. State and Another
Delhi
Aug-07-2001
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 468(2), 469(1), 482 and 483; Constitution of India - Article 227; Foreign Exchange Regulation Act, 1973 - Sections 40 and 56; Indian Penal Code (IPC), 1860 - Sections 228
94(2001)DLT139; 2001(60)DRJ163; 2002(79)ECC447
of summons issued under section 40 would be punishable under section 56 and not under the provisions of Indian Penal Code. On the point of limitation, it may be noticed that offence under section 228 IPC is punishable with … - Sections 40 and 56 r/w Sections 482 & 483 of Cr.P.C., 1973--r/w Section 280, Indian Penal Code, 1860--Limitation--Offence: failure to appear before the concerned officer of Enforcement Directorate on 9 Nov/11 December, 1992--Cognizance taken on 22
Tag this Judgment! AI Brief & AskShanti Lal Vs. State of M.P.
Supreme Court of India
Oct-08-2007
NarcoticsCriminal
Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 8, 18, 27, 27(2), 56, 57, 57(1), 58, 58(1), 59, 60, 65 and 65(1); General Clauses Act, 1897 - Sections 25; Indian Penal Code (IPC), 1860 - Sections 40, 41, 42, 63 to 70 and 304; Towns Nuisances Act (Madras), 1889 - Sections 3 and 3(10); Calcutta Municipal Act, 1923; Bihar Wakfs Act, 1947 - Sections 58; Code of Criminal Procedure (CrPC) , 1973 - Sections 29, 30, 30(1) and 33; Code of Criminal Procedure (CrPC) , 1898 - Sections 33
2007(2)BLJR2814; 2008CriLJ386; JT2007(12)SC1; 2008(1)KLT503(SC); 2008(1)MPHT1(SC)
18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 63 to 70 of the of the Indian Penal Code, 1860 - Section 30 of the Code of Criminal Procedure, 1973 - Accused-Appellant found to be in possession of … consider the relevant provisions of the Indian Penal Code [IPC] and the Code of Criminal Procedure, 1973 [CrPC]. Section 40, IPC defines 'offence'. Sections 41 and 42 explain 'special law' and 'local law' respectively. Chapter III, IPC prescribes
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itty Vs. Assistant Director
Kerala
Aug-18-1990
FERA
Indian Penal Code (IPC), 1860 - Sections 174, 193 and 228; Code of Civil Procedure (CPC) , 1908 - Sections 132; Foreign Exchange Regulation Act - Sections 13, 18(1), 19(1), 40, 40(4), 44(2), 56, 56(1), 57 and 58
1994LC516(Kerala); 1992(58)ELT172(Ker)
aforesaid shall be deemed to be a judicial proceeding within the meaning of Sections 193 and 228 of the Indian Penal Code (45 of 1860)'.4. It is not in dispute that the petitioner had accepted summons from the Enforcement Officer … 1986 of the Additional Chief Judicial Magistrate, Economic Offences, Ernakulam was found guilty under Section 56(1)(ii) read with Section 40(1) of the Foreign Exchange Regulation Act, convicted and sentenced to suffer rigorous imprisonment for four months and to
Tag this Judgment! AI Brief & AskAssistant Director, Enforcement Directorate (Fera) Ministry of Finance ...
Andhra Pradesh
Jun-19-1996
FERACriminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 164(2 and 3), 463; Foreign Exchange Regulation Act, 1973 - Sections 9(1), 35, 37, 40 and 56; Central Excise and Salt Act, 1944 - Sections 14; Indian Penal Code (IPC), 1860 - Sections 193 and 228; Sea Customs Act - Sections 167(81) and 171-A; Customs Act, 1962 - Sections 108; Evidence Act, 1872 - Sections 24, 25 and 30; Constitution of India - Articles 20(3) and 21
1998(4)ALD540; 1998(2)ALD(Cri)272; 1998(2)ALT(Cri)552; [1999]96CompCas745(AP)
aforesaid shall be deemed to be a judicial proceeding within the meaning of Sections 193 and 228 of the Indian Penal Code (45 of 1860).' 10. It is clear from perusal of the above provision that any Gazetted Officer of … the statements of the accused on 17-8-1987, 18-8-1987 and 15-9-1987 by PW1, the Chief Enforcement Officer, Hyderabad, under Section 40 of the Act. It is alleged that the accused made voluntary statements admitting the receipt of monies of
Tag this Judgment! AI Brief & AskHaridas Das and anr. Vs. State of West Bengal and ors.
Supreme Court of India
Mar-16-1964
Criminal
Contempt of Courts Act, 1926 - Sections 41, ;Indian Penal Code (IPC), 1860 - Sections 40, 193, 199, 211, 499 and 500; Code of Criminal Procedure (CrPC) , 1898 - Sections 107, 109, 191, 195 and 466; Constitution of India - Articles 133(1) and 134(1); Code of Civil Procedure (CPC) - 1908 - Sections 24 and 95
AIR1964SC1773; [1964]7SCR237
- Section 41 of Contempt of Courts Act, 1926, Sections 40, 193, 199, 211, 499 and 500 of Indian Penal Code, 1860, Sections 107, 109, 191, 195, and 466 of Criminal Procedure Code, 1898, Articles 133 (1) and 134 (1)
Tag this Judgment! AI Brief & AskPublic Prosecutor Vs. Annadham Annamalai and ors.
Chennai
Nov-21-1952
Criminal
Madras Maintenance of Public Order Act, 1947 - Sections 2(6) and 2(7); Indian Penal Code (IPC), 1860 - Sections 40, 42 and 225B; Invocation of Police Act, 1861 - Sections 23
AIR1954Mad321
and 2 (7) of Madras Maintenance of Public Order Act, 1947 and Sections 40, 42 and 225B of Indian Penal Code, 1860 - acquittal from charges of offences of preventing police from executing arrest warrant challenged - arrest warrant issued … authority to be punishable, then a breach of such rules might constitute an offence within the meaning of Section 40 of the Code. Therefore, when the act in respect of which apprehension or detention was made was in
Tag this Judgment! AI Brief & AskKunju Moideen Methararu Vs. Kandan
Kerala
Aug-01-1958
Criminal
Indian Penal Code (IPC), 1860 - Sections 40, 441 and 447; Code of Criminal Procedure (CrPC) , 1898 - Sections 4(1)
AIR1959Ker146; 1959CriLJ588
under Section 522 of the Criminal ProcedureCode. Criminal - criminal trespass - Sections 40, 441 and 447 of Indian Penal Code, 1860 and Section 4 (1) of Criminal Procedure Code, 1898 - appeal by leave against acquittal of accused -
Tag this Judgment! AI Brief & AskSital Prasad Vs. the State
Allahabad
Jul-25-1952
Criminal
Uttar Pradesh Foodgrains Control Order, 1949 - Sections 3(1); Indian Penal Code (IPC), 1860 - Sections 40; Evidence Act, 1872 - Sections 18; Code of Criminal Procedure (CrPC) , 1898 - Sections 439
AIR1953All101
quashed. Criminal - Mens rea Section 3 (1) of U.P. Food Grains Control Order 1949, Section 40 of Indian Penal Code 1860, and Section 18 of Evidence Act 1872 and Section 439 of Criminal Procedure Code 1898 - provision of
Tag this Judgment! AI Brief & AskSatya Vir Vs. State
Allahabad
Sep-25-1957
Criminal
Evidence Act, 1872 - Sections 9, 11, 21, 60, 103, 105, 114, 134, 145, 154 and 157; Code of Criminal Procedure (CrPC) , 1898 - Sections 32, 154, 162, 342, 367, 367(1), 367(5) and 423; Indian Penal Code (IPC), 1860 - Sections 40 and 302; Code of Criminal Procedure (CrPC) (Amendment) Act, 1955
AIR1958All746
wholly reliable and his evidence establishes the prosecution. (iv) Absence of motive - Sections 40 and 302 of Indian Penal Code, 1860 - proof of motive for murder lends additional support to the finding of he Court - absence does … Durga Bari within the said police station, has been convicted by the learned Sessions Judge of Meerut under Sections 302 and 325, read with Section 34, I. P. C., and sentenced to death under the first count
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