Court : Supreme Court of India
..... impugned order dated 19.03.2008 concerning fir no.rc3(e) of 2006, registered with cbi/bs&fc, mumbai for the alleged offences punishable under sections 420, 467, 468 & 471 read with 120-b of indian penal code and sections 13(2) r/w 13(1)(d) of the prevention of corruption act, 1988 and section 68(a) of the companies act, 1956 filed against the petitioner, in exercise of the extraordinary powers vested with this hon'ble court. ..... of offences under sections 120-b r/w 420, 467, 468 and 471 of the ipc and under sections 13(2) r/w 13(l)(d) of the pc act, 1988 and under section 68-a of the companies act, 1956 filed a writ petition under article 226 of the constitution of india read with 7 section 482 of the code of criminal procedure, 1973 before the hon'ble high court of judicature at bombay being criminal writ petition no.406/2018 seeking quashing of the fir no.rc3 2006/bs&fc and fir no.rc4 2006/bs&fc/mumbai and the resultant charge ..... sheets dated 02.03.2009 and 03.04.2009.13. .....
Tag this Judgment!Court : Supreme Court of India
..... high court dismissed the petition filed by the appellant, who is the sister-in-law of the detenue, and thereby upheld the detention order dated 24th august, 2021 issued against the detenue (one abdul raoof) under section 3 of the conservation of foreign exchange & prevention of smuggling activities act, 1 1974 (hereinafter referred to as, cofeposa ) and its confirmation vide order dated 24th may, 2022.2. the facts, in brief, giving rise to the ..... have 2 (2008) 10 scc112 been entrusted with the task of administering the system and operating various constituents of the state and who take oath to act in accordance with the constitution and uphold the same, have to set an example by exhibiting total commitment to the ..... holder of m/s the mercantile and marine services was summoned on 03.08.2021 and his voluntary statement was recorded under section 108 of customs act, 1962 wherein he, inter alia, reiterated that his previous statements dated 20.04.2021 and 28.04.2021 were true and correct ..... when grounds which have a rational connection with the ends mentioned in section a of the act are supplied, the first condition is satisfied ..... . if the courts command others to act in accordance with the provisions of the constitution and rule of law, it is not possible to countenance violation of the constitutional principle by those who are required to ..... order dated 24th march, 2022, the case of the detenue was referred by the ceib to the advisory board under section 8(b) of cofeposa act .....
Tag this Judgment!Court : Supreme Court of India
..... to the committee by special juvenile police unit or local police, as the case may be, under the protection of children from sexual offences act, 2012 (32 of 2012); (xiv) dealing with cases referred by the board under sub-section (2) of section 17; (xv) co-ordinate with the police, labour department and other agencies involved in the care and protection of children with support of the district child protection unit or the state government; (xvi) in case of a complaint of abuse of a child in any child care ..... the learned special judge appointed under the protection of children from sexual offences act, 2012 (for short, the pocso act ), baruipur, south 24 parganas, convicted the accused for the offences punishable under section 6 of the pocso act and sections 363 and 366 of the indian penal code, 1860 (for short, the ipc ). ..... exercise of plenary powers to quash the order of conviction20 now, coming to the conviction of the offences punishable under section 6 of the pocso act and section 376(2)(n) of the ipc, the division bench proceeds on the footing that the said offences have been established. ..... though the learned special judge under the pocso act concluded that the accused was guilty of the offences punishable under clause (n) of sub-section (2) and sub-section (3) of section 376 of the ipc, in view of the sentence imposed for the offence punishable under section 6 of the pocso act, no separate punishment was imposed.2. .....
Tag this Judgment!Court : Supreme Court of India
..... (1) no court shall take cognizance (a) (b) (i) of any offence punishable under any of the following sections of the indian penal code (45 of 1860), namely, sections 193 to 196 (both inclusive), 199, 200, 205 to 211 (both inclusive) and 228, when such offence is alleged to have been committed in, or in relation to, any proceeding in any ..... section 340 mentions the procedure in respect of the prosecution as delineated under section 195 ..... are :- 3.1 the appellant was made an accused in fir no.109 of 2021 dated 2nd may, 2021 under sections 376 & 504 of the indian penal code, (45 of 1860)1 by the second respondent x 2 on the ground that the appellant had established relations with her on the false pretext of marriage, and the same continued after efforts towards marriage by the complainant repeatedly fell through. ..... is chasing applicant opting various ways, asking and pressurizing her to settle down the case by stating that he loves applicant, giving her love proposal, asking her to meet, to call etc and also sending obscene text, and status to applicant and on denial by the applicant and asking him to put his words before the respected hon ble court and trial court started abusing her and her family badly also talking obscene to ..... further, it was urged that a court is not bound to make a complaint under section 195(1)(b), code of criminal procedure, 1973, unless it is of the opinion that it is expedient in the interest of ..... it requires positive act by viewer to look into somebody status .....
Tag this Judgment!Court : Supreme Court of India
..... the appellant is being prosecuted for the offences punishable under sections 121, 121a and 122 of the indian penal code (for short, the ipc ) and sections 13, 18, 18a and 20 of the unlawful activities (prevention) act, 1967 (for short, the uapa ). ..... person accused of an offence punishable under chapters iv and vi of this act shall, if in custody, be released on bail or on his own bond unless the public prosecutor has been given an opportunity of being heard on the application for such release: provided that such accused person shall not be released on bail or on his own bond if the court, on a perusal of the case diary or the report made under section 173 of the code is of the opinion that ..... the special provision, section 43-d of the 1967 act, applies right from the stage of registration of fir for the offences under chapters iv and vi of the 1967 act until the conclusion of ..... therefore, while deciding a bail petition filed by an accused against whom offences under chapters iv and vi of the 1967 act have been alleged, the court has to consider whether there are reasonable grounds for believing that the accusation against the accused ..... to commit, or advocates, abets, advises or incites, directly or knowingly facilitates the commission of, a terrorist act or any act preparatory to the commission of a terrorist act, shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine. .....
Tag this Judgment!Court : Supreme Court of India
..... given to this court on 21st november, 2023 and on noticing that the said advertisements reflect an endorsement thereof by baba ramdev, it is deemed appropriate to issue notice to show cause as to why the contempt proceedings be not initiated against him as this court is prima facie of the opinion that he too has violated the provisions of section 3 and 4 of the drugs and magic remedies (objectionable advertisements) act, 1954 read with rule 6 of the drugs and magic remedies (objectionable advertisements) rules, 1955.5. mr. ..... an undertaking or an assurance given by a lawyer based upon which the court decides upon a particular course of action would definitely fall within the confines of undertaking as stipulated under section 2(b) of the act, 1971 and the breach of which would constitute civil contempt . ..... on 19th march, 2024, notice to show cause was issued to baba ramdev calling upon to him to state as to why contempt proceedings should not be initiated against him as well for violation of the provisions of sections 3 and 4 of the dmr act, 1954 and rule 6 of the dmr rules, 1955. ..... dharam godha and others21, this court observed that the expression willful disobedience deployed in section 2(b) of the act means an act or omission done voluntarily and intentionally with a specific intent to do something, which the law forbids or with a specific intention to fail to do something which the law requires to be done. .....
Tag this Judgment!Court : Karnataka
..... court made the following:- 3 coram: the hon'ble mr justice m.nagaprasanna cav order the petitioner is before this court calling in question crime in crime no.454 of 2023 registered for offences punishable under sections 409, 465, 201, 110 of the ipc and section 7 of the prevention of corruption act, 1988 ( the act for short) pending before the iv additional chief metropolitan magistrate, bengaluru city.2. ..... the offences under sections 147, 148, 149, 406, 329 and 386 ipc and even the learned magistrate also took the cognizance. ..... it is required to be noted that when the high court in exercise of powers under section 482 crpc quashed the criminal proceedings, by the time the investigating officer after recording the statement of the witnesses, statement of the complainant and collecting the evidence from the incident place and after taking statement of the independent witnesses and even statement of the accused persons, has filed the charge-sheet before the learned magistrate for ..... counsel appearing for the petitioner would vehemently contend that the crime is registered for offences punishable under section 7 of the act and sections 409, 465, 201 and 110 of the ipc. .....
Tag this Judgment!Court : Karnataka
..... prayer: wherefore, it is respectfully prays that this hon ble court may kindly be pleased to take cognizance non-bailable offence punishable under section 23, 23(1), 23(2), 20(1), 20(2), 20(3) and other relevant sections of pc & pndt act and other relevant applicable sections under ipc and secure the accused person and punish him for having committed the said offences, as per law, in the interest of justice. ..... appropriate authorities hold the right to enter and search at all reasonable times any genetic laboratory / genetic counselling centre / ultrasonography centre which is suspected to have contravened the act and examine all registers, documents, receipts, books, pamphlets, advertisements or machines and other equipment, and seize and 25 seal these, if the aa believes that these are likely to furnish evidence related to a commission of offence [section 30 (1) and rule 12]. 9. ..... therefore, the notice that is given to any diagnostic centre in terms of section 20 of the act, it should be in furtherance of providing an opportunity to explain with regard to the violations of the act, failing which, the notice would become meaningless, or an empty formality, as they are held guilty and criminal cases are registered even before seeking an appropriate explanation. ..... , alleging offences under sections 20(1), (2), (3) and 23(1) and (2) of the pre-conception and pre-natal diagnostic techniques (prohibition of sex selection) act, 1994 ( the act for short).2. .....
Tag this Judgment!Court : Karnataka
..... the complainant prays that this hon'ble court may be pleased to take cognizance and issue summonses to the accused for offences punishable under section, 354-a, 506 read with section 34, 107 and 120-b of the indian penal code and under the sexual harassment of women at workplace (prevention, prohibition and redressal) act, 2013, in the interest of justice. ..... employer is empowered to constitute the internal complaints committee under section 4 of the act and proceed with the enquiry and based on the report, initiate all further actions under the provisions of the act as well as under the service rules in force, more specifically, under the conduct and discipline rules. ..... therefore, this court has undertaken the exercise of reading between the lines and the attendant circumstances which have led to registration of private complaint and on reading between the lines, what is discernible is an unmistakable conclusion that blatant abuse of the process of law by the complainant in 43 registering the private complaint itself, as none of the ingredients of section 354a of the ipc are even met qua all the accused, except ..... jayalakshmi reiterated that under section 19(g) of the act, it is the duty of the employer and therefore, they have no option except to register an first information report and proceed with the investigation as per the code of criminal ..... committed acts of outraging the modesty of the complainant and committed offences punishable under section 354a(i) of the indian penal .....
Tag this Judgment!Court : Karnataka
..... the complainant prays that this hon'ble court may be pleased to take cognizance and issue summonses to the accused for offences punishable under section, 354-a, 506 read with section 34, 107 and 120-b of the indian penal code and under the sexual harassment of women at workplace (prevention, prohibition and redressal) act, 2013, in the interest of justice. ..... employer is empowered to constitute the internal complaints committee under section 4 of the act and proceed with the enquiry and based on the report, initiate all further actions under the provisions of the act as well as under the service rules in force, more specifically, under the conduct and discipline rules. ..... therefore, this court has undertaken the exercise of reading between the lines and the attendant circumstances which have led to registration of private complaint and on reading between the lines, what is discernible is an unmistakable conclusion that blatant abuse of the process of law by the complainant in 43 registering the private complaint itself, as none of the ingredients of section 354a of the ipc are even met qua all the accused, except ..... jayalakshmi reiterated that under section 19(g) of the act, it is the duty of the employer and therefore, they have no option except to register an first information report and proceed with the investigation as per the code of criminal ..... committed acts of outraging the modesty of the complainant and committed offences punishable under section 354a(i) of the indian penal .....
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