Judgment Search Results Home > Cases Phrase: code of criminal procedure 1973 chapter 29 appeals Court: andhra pradesh Page 1 of about 308 results (0.126 seconds)

V. Sundararami Reddi Vs. State

Court : Andhra Pradesh

Reported in : 1990CriLJ167

..... section 389 of the code of criminal procedure, 1973 (for short the 'code') contained in chapter xxix, dealing with appeals, is in the following terms : 'section 389, suspension of sentence pending the appeal, release of appellant on bail : (1) pending any appeal by a convicted person, the appellate court may, for reasons to be recorded by it in writing, order that the execution of the sentence or order appealed against be suspended and also, if he is in confinement, that he be released on bail, or on his own bond. (2) to ..... now at the stage of filing of nomination papers if the accused person approaches a criminal appellate court by way of an appeal and seeks suspension of the conviction and the execution of sentence so that he can file his nomination papers, can it be said that even if the appellate court is very much satisfied that prima facie there ..... 389(1) of the code would cover only some incidental or consequential orders or the orders passed by the criminal courts convicting a person without passing sentence, against which an appeal is filed, and do not cover the cases where the criminal court convicts a person and pursuant to that passes some sentence of ..... when once it is accepted that a convicted person in his appeal challenges the judgment as such, pronounced against him by a criminal court, it is axiomatic that he can ask for suspension of execution of the sentence, if there ..... the learned single judge, who admitted the criminal appeals filed by them, gave a direction in .....

Jayalaxmi Traders Vs. Superintendent of Police and ors.

Court : Andhra Pradesh

Reported in : 2005(1)ALD(Cri)428; 2005(2)ALT322; 2005CriLJ2907

..... section 388 and section 418 of the code of criminal procedure, 1973 (cr.p.c), read as under:388. ..... as under.the learned counsel for the petitioner contends and rightly so that though there is no specific direction in the judgment of the high court to the magistrate concerned to issue nbws, the very fact that the appeal against acquittal was allowed and the accused was convicted for the offence under section 138 of the negotiable instruments act and was sentenced to imprisonment as stated above in itself is sufficient for the learned ..... to lower court:-(1) whenever a case is decided on appeal by the high court under chapter, it shall certify its judgment or order to the court by which the finding, sentence or order appealed against was recorded or passed and if such court is that of a judicial magistrate other than the chief judicial magistrate, the high court's judgment or order shall be sent through the chief judicial magistrate; and if such ..... the third respondent presumably smelt this and invented a novel method (or shall we say a naive method) to give a quietus to this case, and to the criminal appeals decided by this court as well as the criminal complaint, by which the petitioner set the criminal judicial process in motion. ..... the petitioner firm filed criminal appeals being crl.a. ..... a division bench of this court by order dated 26-7-2004 dismissed the writ appeal observing that it is for the learned single judge to consider the request for withdrawal of the writ petition. .....

N. Somi Reddy and anr. Vs. State of A.P. and ors.

Court : Andhra Pradesh

Reported in : 2005(2)ALD(Cri)406; 2005CriLJ3533

..... 391 of the code of criminal procedure, 1973 reads as under ..... further inquiry be made, or that the accused be retired or committed for trial, as the case may be, or find him guilty and pass sentence on him according to law; and in an appeal from a conviction reverse the finding and sentence and acquit or discharge the accused, or order him to be retired by a court of competent jurisdiction subordinate to such appellate court for committed for trial; ..... court below the appellate court, the metropolitan sessions judge, hyderabad was satisfied that for the coming to a just conclusion in the appeal, the original answer scripts of a-3 and a-4 in the eamcet-1993 are required to be received as additional evidence in the appeal and, therefore, allowed the petition of the state permitting the prosecution to produce the question-cum-answer papers of a-3 and a-4 ..... where in an appropriate case, the appellate court is satisfied, in exercise of its appellate discretion that adduction of additional evidence is conducive to the just dispensation of the appeal, the appellate court is consecrated the jurisdiction, on recording reasons, to permit additional evidence to be recorded, by itself recording such evidence or by directing evidence to be taken by a ..... in dealing with any appeal under this chapter, the appellate court, if it thinks additional evidence to be necessary, shall record its reasons and may either take such evidence itself, or direct it to be taken by a magistrate, or when the appellate .....

S. Ajay Kumar Vs. S. Krishna Veni

Court : Andhra Pradesh

Reported in : II(2000)DMC598

..... xxx xxx(4) the high court may, of its own motion or otherwise call for and examine the record of any proceeding in which the family court situate within its jurisdiction and passed an order under chapter ix of the code of criminal procedure, 1973 (2 of 1974), for the purpose of satisfying itself as to the correctness, legality or propriety of the order, not being an interlocutory order and so as to the regularity of such proceeding. ..... in no uncertain terms sub-section (5) mandates that no appeal or revision shall lie to any court from any judgment or order or decree of a family court.4. ..... (5) except as aforesaid, no appeal or revision shall lie to any court from any judgment, order or decree of a family court.'3. .....

Akkireddi Nagayamma W/O Appalanaidu and One Another. Vs. Adhikari Appa ...

Court : Andhra Pradesh

..... of courts regarding the sufficiency of stamps: (1) when any court in the exercise of its civil or revenue jurisdiction or any criminal court in any proceeding, under chapter xii or chapter xxxvi of the code of criminal procedure, 1898(now chapters ix and x of cr.p.c. ..... , 1973 (2 of 1974); makes any order admitting any instrument in evidence as duly stamped or as not requiring a stamp, or upon payment of duty and a penalty under section 35, the court to which appeals lie from, or references are made by, such first - mentioned court may, of its own motion, or on the application of the collector, ..... the easementary right of way imposed under the agreement dated 26.4.1973 in and over the land of the defendants shall be there always along with the servant heritage to whom so ever it may be transferred and the right of plaintiffs can not be questioned either by the ..... admitted in evidence as aforesaid , it is not open either to the trial court itself or to a court of appeal or revision to go behind that order. ..... merely because a document has been marked as 'an exhibit', an objection as to its admissibility is not excluded and is available to be raised even at a later stage or even in appeal or revision. ..... a-3, which is an agreement dated 24.6.1973, to enjoy the right of easement of cart track through ..... on 24.6.1973 the second defendant being the manager of the family of the defendants provided a cart track admeasuring 50 yards x 3 yards in their land for the plaintiffs to reach local fund road .....

Badana Mohana Rao Vs. State of A.P. and anr.

Court : Andhra Pradesh

Reported in : 1997(1)ALD(Cri)615; 1997(1)ALT(Cri)864; II(1997)DMC188

..... after act 66 of 1984, the family courts act, 1984 came into force while making a provision for transfer of all cases pending on the file of the magistrate under chapter ix of criminal procedure code, 1973. ..... 139, held :'now under the criminal procedure code of 1973 there have been some radical departures from the code of 1893, the powers of the sessions judge to interfere in revision are no longer confined to cases of improper discharge and improper ..... of the act, a provision is made in section 10(2) of the act only to follow the procedure prescribed under the criminal procedure code for all those proceedings. ..... of wife, children and parents and when once a complaint is lodged by the neglected person, though the complaint need not be authenticated by way of sworn statement, for all other proceedings, the procedures contemplated under criminal law are made applicable to this proceeding. ..... deals with the powers of the appellate court and under section 386(a) in any appeal arising from an order of acquittal, the appellate court is empowered to reverse such order and direct that further inquiry be made, or that the accused be retried or committed for trial, as the case may be, or ..... the high court to exercise in its revisional jurisdiction any of the powers conferred on a court of appeal by sections 386, 389, 390, 391 etc.' 7. ..... above provision, the high court is empowered in its discretion to exercise any of its powers conferred on a court of appeal by sections 386, 389, 390 and 391 cr. p.c. .....

Shri Vishnu Spinners, Tamilnadu Vs. Sri Bhagyalakshmi Commercial Corpo ...

Court : Andhra Pradesh

Reported in : 1998(5)ALD274; 1998(2)ALD(Cri)383; 1999(1)ALT(Cri)187; 1999CriLJ1221

..... section 142 relates to cognizance of offence and it says that:'notwithstanding anything contained in the code of criminal procedure, 1973 - (a) no court shall take cognizance of any offence punishable under section 138 except upon a complaint. (b) ..... (c) ..... ..... section 142 of the act envisages that notwithstanding anything contained in criminal procedure code, 1973, no court shall take cognizance of any offence punishable under section 138 except upon a complaint in writing made by the payee (b) such complaint is made within one month of the date on which the cause of action arise ..... is part of the general law, whereas chapter xiii of the negotiable instruments act, 1881 isaspecial law which prescribes a special procedure and limitation. ..... the complaint can be filed only in accordance with the procedure prescribed in the said package and in no other manner. ..... has no application whatsoever to a proceedingunder chapter xvii of the negotiable instruments act.4. ..... the complaint is neither an appeal nor an application within the meaning of section 5 of limitation act. ..... the complete procedure for filling the complaint is envisaged by the provisions referred to hereinabove. ..... the criminal petition is accordingly allowed. ..... the package in chapter xvii deals with penalties in case of dishonour of cheques for 'insufficiency of funds'. ..... chapter xvii of the negotiable instruments act is a complete package consisting the provisions of section 138 - 142. .....

Parashuram Prakash and ors. Vs. State (Special Police Establishment)

Court : Andhra Pradesh

Reported in : 1975CriLJ762

..... the only question that arises in this petition is whether a case properly committed by a competent magistrate before the code of criminal procedure, 1973 came into force, and now pending is to be tried in accordance with the procedure prescribed for the trial of cases before the courts of session, by chapter xviii of the said code or by chapter xxiii of the criminal procedure code of 1898.2. ..... date on which this code comes into force, there is any appeal, application, trial, inquiry or investigation pending, then such appeal,, application, trial, inquiry or investigation shall be disposed of, continued, held or made, as the case may be, in accordance with the provisions of the code of criminal procedure 1898 (5 of 1898) as in force immediately before such commencement (hereinafter referred to as the old code) as this code had not come into force:provided that every enquiry under chapter xviii of the old code which is pending at the ..... commencement of this code shall be dealt with and disposed of -in accordance with .....

United India Insurance Co. Ltd. Vs. S. Surya Prakash Reddy and ors.

Court : Andhra Pradesh

Reported in : I(2007)ACC361; 2006ACJ2287; 2006(4)ALD530

..... material objects and for such other purposes as may be prescribed; and the claims tribunal shall be deemed to be a civil court for all the purposes of section 195 and chapter xxvi of the code of criminal procedure, 1973. ..... , 1988, workmen's compensation act, 1923, land acquisition act, 1894 and other similar statutes are special enactments, which contain special procedure for adjudication of claims and disputes and, therefore, notwithstanding the insertion of amended section 100a in the code with effect from 1-7-2002, an appeal is maintainable under clause 15 of the letters patent against the judgment rendered by the single bench in matters arising out of these ..... made in the exercise of appellate jurisdiction by a court subject to the superintendence of the said high court where the judge who passed the judgment declares that the case is a fit one for appeal; but that the right of appeal from other judgments of judges of the said high court or of such division court shall be to us, our heirs or successors in our or their privy council, as hereinafter provided.similar clauses were ..... thus tersely expressed its conclusion:it only remains to observe that their lordships do not think that section 588 of act 10 of 1877, which has the effect of restricting certain appeals, applies to such a case as this, where the appeal is from one of the judges of the court to the full court.basing themselves on these observations, the high courts of calcutta, madras and bombay had held that section .....

R.C.C.(Sales) Private Limited and Ano Vs. E.S.I. Corporation andot

Court : Andhra Pradesh

..... the discovery and production of documents and material objects, administering oath and recording evidence and such court shall be deemed to be a civil court within the meaning of section 195 and chapter xxvi of the code of criminal procedure, 1973, (2 of 1974). ..... a serious objection was raised on behalf of the corporation that the standing orders were placed on record for the first time before this court and that too in an appeal, which cannot be either looked or taken into consideration for what-so-ever purpose apart from the fact that the corporation disputes existence of any such standing orders at the ..... before we proceed further, we place on record the joint request made by the learned counsel for the parties that the instant civil miscellaneous appeals are pending since 1998-1999 and even the reference to the larger bench is also pending for the last four (4) years and in view thereof, they submitted that ..... bhosale) the order of reference dated 30th of april, 2011, which has occasioned the constitution of this larger bench, was passed by the full bench in the instant civil miscellaneous appeals, in view of a divergence of the opinions/views expressed in two judgments, the first being the judgment of another full bench in e.s.i corporation, hyderabad vs. ..... supra) and the division bench in deccan chronicle (supra) and directed the registry to place these appeals before the learned chief justice for an authoritative pronouncement on the question reproduced in the first paragraph .....