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Mohd. Farooq Abdul Gafur and anr.;state of Maharashtra Vs. State of Ma ...

Court : Supreme Court of India

Subject : Criminal

Acts : Arms Act, 1959 - Sections 3, 3(2), 4, 7, 8(1), 8(2), 9, 9(1), 10, 12, 21, 21(1), 25, 25(1A), 25(1B), 27(2), 27(3), 29, 29(1), 35, 39 and 44; Maharashtra Control of Organised Crime Act, 1999 - Sections 2(1), 3, 3(1), 3(2), 3(4), 15, 18, 18(3), 29 and 29(1); Arms (Amendment) Act, 1983 - Sections 21(1) and 21(2) to 21(6); Evidence Act, 1872 - Sections 3, 9, 15, 21, 24, 25, 26 and 30; Terrorist and Disruptive Activities (Prevention) Act, 1987 - Sections 15 and 15(2); Terrorist and Disruptive Activities (Prevention) Rules, 1987 - Rule 15 and 15(5); Code of Criminal Procedure (CrPC) , 1973 - Sections 162, 313 and 357; Indian Penal Code (IPC), 1860 - Sections 34, 52A, 109, 120B, 201, 212, 302, 307, 324, 326, 411, 414 and 424; Maharashtra Control of Organized Crime Rules, 1999 - Rules 3, 3(6) and

Reported in : JT2009(11)SC47; 2009(11)SCALE327; (2010)14SCC641; 2010AIRSCW2574; 2011(3)SCC(Cri)867; [2009] 12 SCR 1093

on 8th September, 1999. The charges were framed against all the aforesaid accused persons under various provisions of the Indian Penal Code, 1860 (for short 'the IPC') and the Arms Act. Considering the gravity of the crime and the fact that … Accused No. 1 is further held guilty and convicted for an offence punishable under Section 212 read with Section 52A read with Section 120B I.P.C. and is sentenced to Rigorous Imprisonment for five years and shall also pay

T.M.A. Pai Foundation and ors. Etc.Etc. Vs. State of Karnataka and ors ...

Court : Supreme Court of India

Subject : Constitution

Acts : Constitution of India - Articles 12, 13, 14, 15, 15(1), 16, 19, 19(1), 19(6), 23, 23(2), 25, 25(1), 26, 28, 28(3), 29, 29(1), 29(2), 30, 30(1), 30(2), 31, 32, 45, 46, 143, 226, 334 and 337; ;Companies Act, 1956 - Sections 397; ;Motor Vehicles Act, 1939 - Sections 47; ;India Penal Code (IPC), 1860 - Sections 499; ;Gujarat University (Amendment) Act, 1972 - Sections 33A(1), 40, 41, 51A(1), 51A(2) and 52A; ;Bihar State University Act, 1960 - Sections 48A; ;Andhra Pradesh Private Education (Control) Act, 1975; ;Land Acquisition Act

Reported in : 2003(51)BLJR580; JT2002(9)SC486; (2002)8SCC481a; (2002)3UPLBEC2961

of the public is interested, becomes one of public interest. Kuttisankaran Nair v. Kumaran Nair, : AIR1965Ker161 . [Penal Code (1860), Section 499, Exceptional]'The expression 'interest of the nation' means something which concerns or is of advantage to the nation. … of 1956), Section 397)That which concerns welfare and rights of the community or a class thereof (Section 124, Indian Evidence Act and Article 302, Constitution.)The word 'public interest' in Section 47 mean interest of the public which … to minority institutions and that Sections 40, 41, 51(A)(1) & (2) and 52A were violated of Article 30(1). The Court also held that the grant,

The Commissioner of Central Excise, New Delhi Vs. Hari Chand Shri Gopa ...

Court : Supreme Court of India

Subject : Excise

Acts : Central Excise Rules, 1944 - Rules 8, 9, 47, 49A(1), 52A, 54, 57G, 57T, 173B, 173B(1), 173FF, 173G, 173G(1), 173G(3), 173K, 174, 174(1), 174A, 192, 196, 196(1) and 224(1); ;Central Excise Tariff Act, 1985 - Sections 11A and 14; ;Central Excises Act, 1944 - Sections 5A(1); ;Additional Duties of Excise (Goods of Special Importance) Act, 1957 - Sections 3(3); ;Companies Act, 1956 - Sections 233B; ;Indian Penal Code (IPC), 1860 - Sections 109, 116 and 161

Reported in : AIR2005SC3595; 2005(102)ECC481; 2005(188)ELT353(SC); JT2005(12)SC189; 2005(8)SCALE58; (2005)8SCC164

has been convicted of an offence under Section 161, read with Section 109 or with Section 116 of the Indian Penal Code (45 of 1860).Rule 192. Application for concession.- Where the Central Government has, by notification under Rule 8 or … every such removal shall take place under an invoice or invoices in accordance with the provisions of Rule 52A but without the proper officer's countersignature, and such invoice or invoices shall also show the rate and the

Superintendent and Remembrancer of Legal Affairs to Government of West ...

Court : Supreme Court of India

Subject : ExciseCriminal

Acts : Bengal Excise Act, 1909 - Sections 63, 63(2) and 64(1); Indian Penal Code (IPC) - Sections 302

Reported in : AIR1979SC1029; 1979CriLJ897; 1979CENCUS505D; 1988(1)SCALE964; (1979)4SCC85; [1979]3SCR472; 1979(11)LC823(SC)

confiscation - Sections 63, 63 (2) and 64 (1) of Bengal Excise Act, 1909 and Section 302 of Indian Penal Code, 1860 - contraband ganja was recovered from car of accused - Magistrate convicted accused under Section 46 (a) - … the Court elucidated the position, thus:We have already seen that Section 167(12A) provides that if a vessel contravenes Section 52A, it shall be liable to confiscation and the master of such vessel shall be liable to a penalty

Kalpnath Rai Vs. State (Through Cbi)

Court : Supreme Court of India

Subject : Criminal

Acts : Terrorist and Disruptive Activities (Prevention) (Amendment) Act, - Sections 3(1), (2) and (3) and 15; Constitution of India - Article 20(1); Code of Criminal Procedure (CrPC) -, 1973 - Sections 2, 100(4), 313 and 465; Indian Penal Code (IPC), 1860 - Sections 52A, 136, 157 and 312; Code of Criminal Procedure (CrPC) -, 1898 - Sections 465(2) and 537; Arms Act, 1959 - Sections 4 and 25; Terrorist and Disruptive Activities (Prevention) Act, 1987 - Sections 2(1), 3(4), 3(5), 5, 12(2) and 20A(1) and 20A(2); Evidence Act, - Sections 30 and 114

Reported in : 1997(2)ALD(Cri)805; 1998CriLJ369; JT1997(9)SC18; 1997(6)SCALE689; (1997)8SCC732

the Code:words and expressions used herein and not defined but defined in the Indian Penal Code (45 of 1860) have the meanings respectively assigned to them in that Code.49. On the strength of the above provision learned … as noticed above, the FIR was recorded not only for offences under TADA but also for offences under the Indian Penal Code for commission of which the police officer concerned was competent to lodge an FIR without such approval. The … confessional statements made by A-1 to A-6 in the purported exercise of Section 15 of TADA. Sanction to prosecute A1 was accorded by the Director

B. Satyanarayana and ors. Vs. State of Andhra Pradesh and ors.

Court : Andhra Pradesh

Subject : Constitution

Acts : Constitution of India - Articles 1, 2, 3, 4, 5 to 41, 42 to 47, 48, 49, 50 to 69, 70, 71, 72, 75, 76, 78 to 80, 81, 82, 83, 86, 87, 88 to 98, 106, 142, 226, 309, 311 and 482; Indian Companies Act, 1956 - Sections 5(1) and 617; Societies Registration Act; Indian Penal Code (IPC), 1860 - Sections 21; Revenue Recovery Act - Sections 52A; General Clauses Act, 1897 - Sections 3; Life Insurance Corporation Act; Acquisition Act; Burmah-Shell (Acquisition of Undertaking of India) Act, 1976 - Sections 3, 7, 9, 10 and 12

Reported in : AIR1981AP125

that the officers of this Corporation would be 'public servant' within the meaning of Section 21 of the Indian Penal Code. The Corporation is, therefore, an instrumentality of the State, and amenable to the writ jurisdiction of this Court.30.

A.P. Civil Liberties Committee (Apclc) Rep. by Its President, Mr. S. S ...

Court : Andhra Pradesh

Subject : Criminal

Acts : Right to Information Act (RTI), 2005 - Sections 6, 6(3), 8(1) and 19; Evidence Act, 1872 - Sections 1, 21, 25, 81, 105, 123, 145 and 157; Arms Act, 1959 - Sections 25 and 27; Explosive Substances Act, 1908 - Sections 5; APPS - Sections 8; Commission of Inquiries Act, 1962; Customs Act, 1962 - Sections 106, 106(2) and 155; Gold (Control) Act, 1968 - Sections 108; Ku Klux Klan Act, 1871; Indian Penal Code (IPC), 1860 - Sections 6, 34, 52A, 76 to 106, 135, 147, 148, 149, 201, 202, 203, 204, 216, 217, 221, 299, 300, 302, 304, 304A, 307, 332, 408, 420, 452, 499, 500 and 506; Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 37, 39, 40, 41, 43, 46, 46(1), 46(2), 46(3), 129 to 132, 132(1), 132, 132(2), 133, 134, 149, 151, 152, 153(3), 154, 154(1), 154(2), 154(3), 155, 156, 156(1), 156(3), 1

Reported in : 2009(1)ALT754

Penta and Nekkanti Palutla villages of Yerragondapalem mandal, Prakasham District, by registering a case under Section 302 of the Indian Penal Code, 1860 (for short 'the IPC) against the police personnel who participated in the alleged encounter; to initiate proceedings for

Vijay Madanlal Choudhary Vs. Union Of India

Court : Supreme Court of India

Subject : Land Acquisition

Act, it noted that the term “arrest” has neither been defined in the 1973 Code nor in the Indian Penal Code, 1860 nor in any other enactment dealing with offences. This word has been derived from the French word “arrater” … laundering, and for that, existence of proceeds of crime within the meaning of Section 2(1)(u) of the Act is quintessential. Absent existence of proceeds of crime, as aforesaid, the authorities under the

Sujith S/O Kalesan Vs. State of Kerala

Court : Kerala

Subject : Criminal

Acts : Prevention of Corruption Act; Indian Penal Code (IPC), 1860 - Sections 26, 32, 34, 52A, 130, 157, 193, 201, 212, 302, 304, 320, 449 and 489A; Code of Criminal Procedure (CrPC) , 1974 - Sections 39, 102, 109, 162, 173(8), 217, 220, 223, 227 and 228; Travancore Penal Code (IPC) - Sections 207

Reported in : 2008CriLJ824

or concealment is by the husband or wife of the offender.4. A plain reading of Section 212 of the Indian Penal Code would show that for convicting a person under Section 212, the following essential ingredients must be established:(i) the … purposes to load and unload goods. In criminal law, 'to harbour' means to give the offender a shelter. Section 52A of IPC defines 'harbour' as follows:Except in Section 157, and in Section 130 in the case in which

Ruben Joseph Vs. State

Court : Kerala

Subject : Narcotics

Acts : Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 2, 21, 52A, 76 and 76(2); Indian Penal Code (IPC), 1860 - Sections 34, 293(4) and 447; Narcotic Drugs and Psychotropic Substances Rules, 1985 - Rule 2; Code of Criminal Procedure (CrPC) , 1974 - Sections 161, 293, 293(4) and 313

Reported in : 1993CriLJ2138

the meaning of N.D.P.S. Act. A contention also was raised to the effect that there was violation of Section 52A of the Act. The Section has no application to the facts of this case, as it is not … the Act. Section 2(xvi)(c) of the Act reads:2(xvi) 'Opium derivative' means--(a) & (b).... (c) phenanthrene alkaloids, namely, morphine, codeine, thebaine and their salts.Therefore, opium derivative would take in phenanthrene alkaloid namely thebaine also. Thus, as per the