Judgment Search Results Home > Cases Phrase: code of criminal procedure 1973 chapter 29 appeals Court: gujarat Page 1 of about 227 results (0.061 seconds)

State of Gujarat Vs. Kailashchandra Badriprasad

Court : Gujarat

Reported in : (2000)3GLR2487

..... 10 of the judgment pointed out that 'the application for leave to appeal, which was made by the state, can be considered as equivalent to a memorandum of appeal under section 378(1) read with sub-section (3) of section 378 of the code of criminal procedure, 1973. ..... thus, in view of the code of criminal procedure, 1973, which has repealed the code of criminal procedure, 1898, the reference found in any other enactment or any instrument to the provisions contained in the code of criminal procedure, 1898 is to be construed as ..... the code of criminal procedure, 1973 being the central act, the general clauses act, 1897 ..... description period of time from whichof suit limitation period begins to run------------------------------------------------------------------------------114 appeal from an order of acquittal(a) under sub-section (1) ninety days the date of the order or sub-section (2) of appealed from.section 417 of the code of criminal procedure code, 1898. ..... as the appeals are concerned, chapter xxix of the criminal procedure code, 1973 (hereinafter referred as 'code') is required ..... that case, the state of rajasthan preferred a petition for leave to appeal under section 378 of the criminal procedure code, 1973 which was within the period of limitation prescribed under article 114(b) of ..... of the criminal procedure code, 1973 is equivalent to section 417 of the old code with an important difference in case of appeal against acquittal .....

State of Gujarat Vs. Natwar Harchandji Thakor

Court : Gujarat

Reported in : 2005CriLJ2957; (2005)1GLR709

..... . in the criminal matters as in this group of appeals, cases are tried by the magistrates under chapter xx of the code of criminal procedure, 1973, which deals with the trial of summons cases by the magistrates, the statutory mechanism and the frame of chapter xx, the procedures for summary trial have been prescribed in chapter xxi of the code of criminal procedure and the principles of' criminal jurisprudence would not permit the prescription of the format by judicial fiat for the purpose of mode and manner for raising the 'plea of guilty' ..... . lx of 2003)' in which chapter xxia, relating to 'plea bargaining' is proposed to be introduced in the code of criminal procedure, 1973 ..... the cumulative legislative mechanism and its effects of the provisions of sections 235(2), 248(2), 354(3), 354(4), 360 and 361 of the code of criminal procedure, 1973, by and large, is that the court is to ensure, greater seriousness and awareness in examining each case with a view to determining the most appropriate sentence or for passing other post-conviction orders. ..... , air 1973 sc 947' and consideing the recommendation made by the law commission of india on judicial reform and revision of law and procedure in court in the code of criminal procedure, 1973, there came to be incorporated for the first time, sections 235(2) and 248(2), to ensure a great awareness on the part of the courts to examine the case of each accused on the facts of each case, more closely, so as to determine .....

State of Gujarat Vs. Bachubhai Naginbhai Shah and ors.

Court : Gujarat

Reported in : (1996)2GLR643

..... chapter xxi of the code of criminal procedure, 1973 ..... the learned sessions judge tried to distinguish this case of bandulal (supra) stating that the old code of criminal procedure was repealed and the code of criminal procedure, 1973 came into force with effect from april 4, 1974, and hence the ratio in the case of bandulal (supra) would not be applicable in the ..... under section 65 of the bombay prohibition act provides punishment to the extent of three years and as per the definition of section 2(x) of the code of criminal procedure, 1973, relating to the offence punishable with imprisonment with a term exceeding two years would be a warrant triable case. ..... procedure to be followed by magistrates, - in all trials for offences under this act, the magistrate shall follow the procedure prescribed in the code of criminal procedure, 1898 (v of 1898) for the trial of summary cases in which an appeal lies.the aforesaid provisions of section 116 of the bombay prohibition act provide about the procedure to be followed by the magistrate in the trials for ..... code of criminal procedure for the trial of summary cases in which an appeal ..... in the trial for the offences against them under the bombay prohibition act, the magistrate had to follow the procedure prescribed under the code of criminal procedure for the trial of summary cases in which the appeal lies and pursuant to section 262 of the code of criminal procedure, the trial against the accused persons would be the trial of summons cases. 7. .....

NitIn Shantilal Bhagat and 1 Vs State of Gujarat Through B R Choksi

Court : Gujarat

..... appeals or revision applications against orders passed under chapter viii code of criminal procedure, 1973 ..... no doubt, true that the exercise of power related to a person, who had been convicted of a crime, but the criminal jurisdiction which is referred to in clause 15 of the letters patent clause, would be with regard to the exercise of powers of appeal or revision by the high court under the relevant provisions of the code of criminal procedure and not in exercise of powers under article 226 of the constitution. ..... court having noticed that the order was passed in exercise of powers conferred under the code of criminal procedure held that the judgment of learned single judge can be said to be in exercise of criminal jurisdiction, and, therefore, no intra-court appeal lies against such order.25. ..... appeals under section 341(i) of the criminal procedure code, 1973 ..... (4) appeals against order under section 360, criminal procedure code, 1973, section 93 of the bombay prohibition act, 1949, bombay probation of offenders act, 1938, or any other enactment or provision relating to probation ..... reported in air 1934 allahabad 606 held that an appeal under sec.10 of letters patent is not maintainable from an order passed on an application u/sec.491 of the criminal procedure code.15. in re. s. ..... the exercise of the court's revisional jurisdiction under section 401 of the criminal procedure code, 1973 and the disposal of cases of which record is called for an examination of criminal returns or otherwise. .....

Deepak Nitrite Ltd. Vs. Regional Provident Fund Commissioner and Anoth ...

Court : Gujarat

..... referred to in section 7a and any proceeding before the tribunal shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purpose of section 196, of the indian penal code (45 of 186) and the tribunal shall be deemed to be a civil court for the all purposes of section 195 and chapter xxvi of the code of criminal procedure, 1973 (2 of 1974). 7l. ..... rectifying any mistake apparent from the record, amend any order passed by it under sub-section (1) and shall make such amendment in the order if the mistake is brought to its notice by the parties to the appeal: provided that an amendment which has the effect of enhancing the amount due from, or otherwise increasing the liability of, the employer shall not be made under this sub-section, unless the tribunal has given ..... challenging the order dated 27.9.1999 passed by the respondent commissioner and also the order dated 31.1.2000 passed by the pf appellate authority in appeal, which was preferred by the petitioner against the order dated 27.9.1999 and by said impugned orders, the petitioner company was directed to deposit pf contribution on the amount of food concession as alleged and ..... 4294 of 2000, whereunder, the division bench of this court, as on 26.7.2011 passed order admitting the said appeal and therefore, it was urged on that basis that the findings recorded by the court is already subject matter of consideration by the division bench and therefore, this court may not accept the submission .....

The State of Gujarat Vs. Ratilal Uttamchand Morabia

Court : Gujarat

Reported in : 1992CriLJ9; (1991)1GLR50

..... it, therefore, becomes clear that as there are two separate, distinct and independent provisions for the transfer contained in chapter xxxi of the code of criminal procedure 1973, the sessions judge or the sessions court would not be competent to transfer matter pending on the file of the sub-divisional ..... dave has urged that in the same chapter xxxi of the code of criminal procedure 1973, there are the provisions for the transfer of criminal matters by the supreme court, by the high court, by the sessions judge and by the district magistrate or sub divisional magistrate. ..... requires to be appreciated pertinently that both the provisions are separate and they provide for separate forum for the transfer of the cases and appeals pending before the criminal courts and pending on the file of the sub-divisional magistrate or executive magistrate. ..... the cost of the repetition, one would like to make it abundantly clear that the provisions contained under section 408 of the code of 1973, are related to the power of the sessions judge to transfer the cases and appeals while the provisions contained under section 411 of the code of 1973, are concerned with the power of making over or of withdrawal of the cases by the executive magistrate. ..... 408 of the code speaks of the power of the sessions judge, to transfer cases and appeals. ..... 406 of the code deals with the power of the supreme court to transfer cases and appeals. ..... 407 speaks of the power of the high court to transfer cases and appeals. .....

Jyotiben Ramlal Purohit and Etc. Vs. State of Gujarat and anr.

Court : Gujarat

Reported in : 1997CriLJ1549; (1996)1GLR395

..... - nothing contained in section 360 of the code of criminal procedure, 1973 (2 of 1974) or in the probation of offenders act, 1958 (20 of 1958) shall apply to a person convicted of an offence under this act unless such person is under eighteen years of age or that the offence for which such person is convicted is punishable under section 26 or section 27.section 389 of the code of criminal procedure falls in chapter xxix, which reads as under:-389. ..... appeal and revision-the high court may exercise; so far as may be applicable, all the powers conferred by chapters xxix and xxx of the code of criminal procedure. ..... for an offence punishable under section 302 of the penal code, when the accused-convict has preferred an appeal, the court, while admitting the appeal may not be inclined to release the convict on bail; yet, after conviction is confirmed, the state government may exercise the power either under the prisons act or under the criminal procedure code and may release the convict in accordance with law. ..... between them and they can be harmonized without any difficulty, if section 36-b of the act is held to be dealt with the power of the appellate court of suspension of sentence passed by the court below during the pendency of the appeal, while section 32-a of the act, which puts restriction on the powers dealing with the powers of the appropriate government regarding the suspension, remission or commutation of the sentence after conviction. .....

State of Gujarat Vs. Sandeep Bhandari

Court : Gujarat

Reported in : (1997)1GLR771

..... it has, therefore, preferred this appeal before this court under section 377 of the criminal procedure code, 1973 for enhancement of the sentence passed by the learned trial magistrate.3. ..... thereupon by the order passed on 28th january 1993 in the aforesaid criminal case, the learned metropolitan magistrate of court no. ..... to let him do so will be detrimental to the interests of the workmen and will tantamount to frustrating the objects of chapter iv of the act. ..... the rules appear to have been made under chapter iv of the act. ..... provisions for safety measures are made in chapter iv of the act. ..... 4 at ahmedabad on 28th january 1993 in criminal case no. ..... it came to be registered as criminal case no. ..... appears to have occurred more than 5 years ago, i think it would be in the interest justice to let him off the hook for the time being so far as the substantive sentence of imprisonment is concerned.in the result, this appeal is accepted. ..... learned advocate shri pardiwala has been appointed by this court to represent the respondent-accused in this appeal. ..... it is not necessary to set out in detail the facts giving rise to this appeal. .....

Devendra Somabhai Naik Vs. Accurate Transheet Pvt. Ltd.

Court : Gujarat

Reported in : AIR2003Guj141

..... invited the attention of this court to the provisions of section 12(7) which reads as under :'the copyright board shall be deemed to be a civil court for the purposes of sections 345 and 346 of the code of criminal procedure, 1973 and all proceedings before the board shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the indian penal code, 1860. ..... 'he also invited the attention of the court to the provisions of section 72 wherein the jurisdiction of court in the matters arising under this chapter is provided and finally, he submitted that even under section 74 of the copyright act, 'registrar of copyrights and copyright board to possess certain powers ..... may, within three months from the date of the order or decision, appeals to the copyright board.sub-section (2) of section 72 provides as under :'any person aggrieved by any final decision or order of the copyright board, not being a decision or order made in an appeal under sub-section (1), may within three months from the date of such decision or order, appeal to the high court within whose jurisdiction the appellant actually and voluntarily ..... advocate appearing for the respondent herein, raised a preliminary contention that the present appeal is not maintainable under the provisions of section 72 of the copyright act. ..... appears and waives process of admission on behalf of the respondent.at the request of the learned advocates for the parties, the appeal is taken up for final disposal.2. .....

Bhogilal Harilal Dave Vs. the State of Gujarat

Court : Gujarat

Reported in : 1974CriLJ178; (1974)GLR203

..... section 537 of the criminal procedure code reads:subject to the provisions hereinbefore contained, no finding, sentence or order passed by a court of competent jurisdiction shall be reversed or altered under chapter xxvii or on appeal or revision on account-(a) of any error, omission or irregularity in the complaint, summons, warrant, proclamation, order, judgment or other proceedings before or during trial or in any inquiry or other proceedings under this code, or(b) of any error, omission or irregularity in the charge, including any misjoinder of charges, or(c) of ..... to therein in section 3 (c), which reads as under;in the code of criminal procedure, 1898,-(c) in schedule ii, for the entries relating to section 292 of the indian penal code, the following entries shall be substituted, namely:section. ..... court, the city magistrate will have to follow the provisions regarding the inquiry into cases triable by the court of session referred to in chapter xviii of the criminal procedure code, and if he finds sufficient ground, to commit the appellant to the court of session, ahmedabad to stand his trial.10. ..... it will be further significant to note that the prosecution cannot press into service the provisions of section 537 of the criminal procedure code and cannot urge that the appellant must show a failure of justice on account of such trial by the magistrate who ..... court of the city magistrate, 7th court, on 5th february, 1973, and the court may pass proper orders as regards fresh bail .....