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Smt. Subha Raj and anr. Vs. Sankar Sarkar and anr.
Supreme Court of India
Jul-24-2007
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 401, 402 and 482; Indian Penal Code (IPC), 1860 - Sections 120B, 323, 342, 382 and 386
2007CriLJ4293; JT2007(9)SC644; 2007(II)OLR(SC)674a; 2007(9)SCALE346
a complaint alleging commission of offences punishable under Sections 323, 342, 382, 386 read with Section 120B of the Indian Penal Code, 1860 (in short the 'IPC'). The learned Magistrate dismissed the complaint after recording statements of the complainant and two … to the order passed by a learned Single Judge of the Calcutta High Court allowing the application under Section 401 read with Section 402 of the Code of Criminal Procedure, 1973 (in short the 'Code'). 3. The main
Tag this Judgment! AI Brief & AskK. Gopala and ors. Vs. State of Karnataka by Women Police Station, Shi ...
Karnataka
Jul-03-2012
Criminal
Indian Penal Code (IPC), (IPC) 1860 - Sections 498A, 304-B, 34; Code Of Criminal Procedure (CrPC), 1973 - Sections 397, 401; Dowry Prohibition Act, 1961 - Sections 3, 4
there were allegations of commission of offences punishable under Sections 498A and 304B read with Section 34 of the Indian Penal Code, 1860 (hereinafter referred to as the IPC, for brevity) and Sections 3 and 4 of the Dowry Prohibition Act, … 397(3) on revisional power given to the High Court would not apply when the State seeks revision under Section 401. So the State is not prohibited to avail the revisional power of the High Court under Section 397(1)
Tag this Judgment! AI Brief & AskState of Punjab Vs. Nirmal Kaur
Supreme Court of India
Apr-28-2009
Criminal
Prevention of Corruption Act, 1988 - Sections 2, 13, 13(1) and 13(2); Companies Act, 1956 - Sections 617; Indian Penal Code (IPC), 1860 - Sections 120B, 420, 465, 467, 468 and 471; Code of Criminal Procedure (CrPC) , 1973 - Sections 401
2009(57)BLJR1535; JT2009(8)SC303; 2009(4)LC1878(SC)
On the accusation of commission of offences punishable under Sections 420, 465, 467, 468, 471 and 120B of the Indian Penal Code, 1860 (in short the `IPC') and Section 13(1)(d) read with Section 13(2) of the Act investigation was undertaken, charges … read with Section 13(2) of the Act as well as the offences punishable under IPC. A petition under Section 401 of the Code of Criminal Procedure, 1973 (in short the `Code') was filed inter alia taking the stand
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SatIn Chandra Pegu Vs. State of Assam
Supreme Court of India
Nov-15-2006
Criminal
Indian Penal Code (IPC), 1860 - Sections 409; Code of Criminal Procedure (CrPC) , 1973 - Sections 397, 401 and 482
AIR2007SC457; 2007CriLJ309; [2007(2)JCR66(SC)]; 2007(I)OLR(SC)231; 2006(11)SCALE498
facts in a nutshell are as follows:The appellant was convicted for an offence punishable under Section 409 of the Indian Penal Code, 1860 (in short the 'IPC') by learned sub-Divisional Judicial Magistrate, Jonai. The allegation against the appellant was that he … appeal upholding the conviction and the sentence imposed. A Criminal Revision in terms of Section 397 read with Section 401 and Section 482 of the Code of Criminal Procedure, 1973 (in short the 'Cr.P.C.') was filed. When the
Tag this Judgment! AI Brief & AskState (Govt. of Nct of Delhi) Vs. Prem Raj
Supreme Court of India
Aug-05-2003
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 306, 360, 428, 432, 432(1) to 432(4), 433 and 433A; Prevention of Corruption Act, 1988 - Sections 7, 13(1) and 13(2); Code of Criminal Procedure (CrPC) , 1889 - Sections 401, 401(1) to 401(4), 401(4A), 401(5), 401(6), 402(1), 402, 402(3), 402(3), 402(7) and 402A; ;Constitution of India, 1950 - Articles 72, 72(1) and 161; Government of India Act, 1935 - Sections 295(1) and 295(2); Criminal Justice Act, 1948 - Sections 69; ;Indian Penal Code (IPC), 1860 - Sections 54, 55 and 55A
2003(2)ALD(Cri)701; 2003(2)ALT(Cri)259; 2003(3)BLJR1959; 105(2003)DLT1013(SC); 2003(71)DRJ137; JT2003(8)SC17; 2003(6)SCALE97; (2003)7SCC121
fine. It may be pointed out that this provision is similar to the provision in Section 55 of the Indian Penal Code, 1860 (in short the 'IPC'). The power to commute a sentence of death is independent of Section 433A. The … and same cannot be faulted.8. Section 432 of the Code corresponds to and reproduces almost word for word Section 401 and Sub-section (3) of Section 402 of the Code of Criminal Procedure, 1889 (in short old Code). Sub-sections
Tag this Judgment! AI Brief & AskAnwarul Haq Vs. the State of Uttar Pradesh
Supreme Court of India
Apr-26-2005
Criminal
Indian Penal Code (IPC), 1860 - Sections 34, 324, 334, 504, 506 and 506(2); Code of Criminal Procedure (CrPC) , 1973 - Sections 397 and 401
AIR2005SC2382; 2005(2)ALD(Cri)57; 2005CriLJ2602; JT2005(5)SC9; 2005(2)KLT840(SC); (2005)10SCC581; 2005(2)LC1001(SC)
Judge of the Allahabad High Court, Lucknow Bench affirming his conviction for offence punishable under Section 324 of the Indian Penal Code, 1860 (in short the 'IPC') and sentence of one year rigorous imprisonment as imposed by the trial court. The … year rigorous imprisonment as imposed by the trial court. The revision application filed under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (in short the 'Code') was dismissed. Initially four persons had faced
Tag this Judgment! AI Brief & AskSuga Ram @ Chhuga Ram Vs. State of Rajasthan and ors.
Supreme Court of India
Sep-18-2006
Criminal
Indian Penal Code (IPC), 1860 - Sections 148, 149 and 302; Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Sections 3(2); Code of Criminal Procedure (CrPC) , 1973 - Sections 378(1), 378(2), 378(3), 378(5), 397 and 401; Constitution of India - Articles 136 and 141
AIR2006SC3258; 2006CriLJ4643; JT2006(12)SC441; 2006(II)OLR(SC)782; 2006(9)SCALE365; (2006)8SCC641
faced trial for alleged commission of offences punishable under Sections 148 and 302 read with Section 149 of the Indian Penal Code, 1860 ( in short the IPC) and Section 3(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities … Rajasthan High Court at Jodhpur dismissing the revision application filed by the appellant under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (in short the Cr.P.C.) questioning legality and correctness of the order
Tag this Judgment! AI Brief & AskManharibhai Muljibhai Kakadia and anr. Vs. Shaileshbhai Mohanbhai Pate ...
Supreme Court of India
Oct-01-2012
Criminal
Code Of Criminal Procedure (CrPC) 1973 - Sections 203, 202, 401, 397; Indian Penal Code (IPC) 1860 - Sections 420, 467, 468, 471, 120-B
Kr. Prasad; Sudhansu Jyoti Mukhopadhaya, JJ.] Code Of Criminal Procedure (CrPC) 1973 - Sections 203, 202, 401, 397; Indian Penal Code (IPC) 1860 - Sections 420, 467, 468, 471, 120-B -- Sub-section (2) of Section 401 is applicable regardless
Tag this Judgment! AI Brief & AskKusta Balsu Kandnekar Vs. State of Goa
Mumbai
Apr-29-1986
Criminal
Indian Penal Code (IPC), 1860 - Sections 302 and 304; Code of Criminal Procedure (CrPC) , 1973 - Sections 401
1986(2)BomCR603; (1986)88BOMLR219; 1986MhLJ540
dismissed. Accordingly, the appeal is dismissed.12. Order accordingly. Criminal - culpable homicide - Sections 302 and 304 of Indian Penal Code, 1860 and Section 401 of Criminal Procedure Code, 1973 - quarrel and fight between accused and deceased - exchange
Tag this Judgment! AI Brief & AskG.V. Ramanaiah Vs. the Superintendent of Central Jail, Rajahmundry and ...
Supreme Court of India
Oct-10-1973
ConstitutionCriminal
Code of Criminal Procedure (CrPC) , 1898 - Sections 401, 401(1) and 402(3); Constitution of India - Articles 32 and 161; Indian Penal Code (IPC), 1860 - Sections 489A to 489D and 489E
AIR1974SC31; 1974CriLJ150; (1974)3SCC531; [1974]1SCR852
of sentence - Sections 401 and 402 of Criminal Procedure Code, 1898 and Sections 489A to 489D of Indian Penal Code, 1860 - appellant can be release on ground that four other accused were released owing to mistake on part … applications to the State Government, urging it to release him in exercise of its power of clemency under Section 401, Crime Procedure Code, but without success. The petitioner moved the High Court of Andhra Pradesh by application under
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