Judgment Search Results Home > Cases Phrase: code of criminal procedure 1973 chapter 29 appeals Court: jammu and kashmir Page 1 of about 16 results (0.126 seconds)

State of J and K Vs. Mohammad Rafi Paswal and ors.

Court : Jammu and Kashmir

Reported in : III(2005)ACC186,2006ACJ2334,2005(3)JKJ403

..... the discovery and production of documents and 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. ..... -- (1) subject to the provisions of sub-section (2), any person aggrieved by an award of a claims tribunal may, within ninety days from the date of the award, prefer an appeal to the high court:provided that no appeal by the person who is required to pay any amount in terms of such award shall be entertained by the high court unless he has deposited with it twenty-five thousand rupees or fifty percent, of the amount so awarded, whichever is less, in ..... the manner directed by the high court:provided further that the high court may entertain the appeal after the expiry of the said period of ninety days, if it is satisfied that the appellant was prevented by sufficient cause from preferring the ..... so we are distressed that the state of haryana, mindless of the mandate of equal justice to the indigent under the magna carta of our republic, expressed in article 14 and stressed in article 39a of the constitution, has sought leave to appeal against the order of the high court which has rightly extended the 'pauper' provisions to auto-accident claims. .....

State Vs. Ghani Bandar and ors.

Court : Jammu and Kashmir

Reported in : 1960CriLJ584

..... in cases exclusively triable by sessions one being inquiry and the other trial - these two stages seem to have been amalgamated and consolidated into one in the trial of warrant cases provided for in chapter xxi of the code of criminal procedure. ..... the court itself but the accused wants to re-summon the witnesses he can do so only if the proceedings are a trial and not otherwise.in other words, the section fully consistent with the scheme of the code of criminal procedure draws a clear distinction between an 'inquiry' and a trial thus the words 'inquiry or a trial' as used in this section have been used not in a general sense but in a technical sense. ..... an examination of the previous history of the code of criminal procedure shows that in the-code of 1872 both 'inquiry' and 'trial' were defined and 'trial' was defined as proceedings taken ii-court after a charge had been drawn.this definition, however, seems to have been-dropped in the code of 1882 as also in the code-of 1898 which is still continuing after a few ..... being under the impression that the accused had a right to claim a de novo trial under the provisions of section 350, clause (1), proviso (a) of the code of criminal procedure acceded to the prayer of the accused, and directed the witnesses to be recommended. ..... case reported in ilr 15 cal (job (fb)the only reason given for this by their lordships is that the legislature has not reverted to the old definition of 'trial' this reasoning also dops not appeal to me. .....

Er B. R. Manhas Vs. State of Jandk; and ors

Court : Jammu and Kashmir

..... that proceedings before the commission shall be deemed to be judicial proceedings within the meaning of section 193 and 228 and for the purpose of section 196 of the state ranbir penal code and shall be deemed to be a civil court for the purpose of section 195 of ranbir penal code and chapter xxvi of the code of criminal procedure. ..... besides laying down the procedures, rules under chapter vi inter alia prescribed the form for filing first appeal, information to be contained in and documents to be furnished with the second appeal and mode of service of notice ..... 15 to 17, rules 20 to 36 comprised in chapter vi of the rules of 2010 laid down the procedure to be followed in appeals and inquiries in complaints by the commission. ..... 6; (c) the fee payable under sub-sections (1) and (5) of section 7; 3 (d) the salaries and allowance payable to and the terms and conditions of service of the officers and other employees under sub-section (6) of section 13; (e) the procedure to be adopted by the state information commission in deciding the appeals under sub-section (11) of section 16; and (f) any other matter which is required to be, or may be, prescribed. ..... section 17 lays down the penalties which can be imposed by the commission at the time of deciding any complaint, appeal or reference if it is of the opinion that the public information officer has, without any reasonable cause, refused to receive an application for information or has not furnished information within the time specified .....

United Fire and General Insurance Co. Ltd. Vs. Lakshmi Shori Ganjoo an ...

Court : Jammu and Kashmir

Reported in : [1984]55CompCas251(NULL)

..... the discovery and production of documents and 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 xxxv of the code of criminal procedure, 1898 (vof 1898). ..... unless before or after the commencement of the proceedings in which the judgment is given the insurer had notice through the court of the bringing of the procedings, or in respect of any judgment so long as execution is stayed thereon pending an appeal; and an insurer to whom notice of the bringing of any such proceeding is so given shall be entitled to be made a party thereto and to defend the action on any of the following grounds, namely:-- (a) that the policy was cancelled by ..... 50,000 before the claims tribunal in 1973, against the appellant and respondents nos. ..... krishnan [1972] acj 420; air 1973 mys 107.we accordingly find that it is not permissible for the appellant in f.a.f.o. no ..... gurbaksh singh [1973] acj 460; air 1973 raj 317, ..... the deceased, prithvi nath ganjoo, had died due to the injuries sustained in the accident that took place on 23rd april, 1973, at badshah chowk caused by sh. ..... dunna mukanda rao [1973] acj 222 (orissa) and northern indian general insurance ..... dunna mukanda rao [1973] acj 229 and by the patna high court in howrah insurance ..... 107 of air 1973 mys):'...it is clear that insurer can urge all the defences open to the insured, only when the insurer defends the action in the name of the .....

Raghunandan Bakshi and ors. Vs. Bidi Chand

Court : Jammu and Kashmir

Reported in : 1997CriLJ1877

..... makhnotra has contended that the sessions judge when has been vested with the powers under the code of criminal procedure to transfer a revision petition to an additional sessions judge for trial, by the same power, he can recall the record because there is no specific bar for recalling the record of the revision ..... jp singh has referred to the provisions of section 528 of code of criminal procedure which authorises the sessions judge to withdraw cases from assistant sessions ..... clause (1)(a) of the said section authorises the sessions judge that at any time before the trial of the case or hearing of the appeal has commenced before the additional sessions judge, any sessions judge may recall any case or appeal which he has made over to any additional sessions judge. ..... the learned additional sessions judge starts with the trial of the case or hearing of the appeal, the sessions judge is devoid of the power of recalling those cases i.e. ..... an additional sessions judge has been authorised to exercise all the powers of a sessions judge under chapter xxxii which also covers section 435 in its ambit. ..... it is further contended that there is no other specific provision in the code which authorises the sessions judge to recall the record of revision petition from the file of learned additional sessions judge after making over the record of the revision petitions to his file ..... makhnotra could not show any provision of the code or any other law in order to controvert this legal submission being made .....

Hussan Ahmed Farooqi and ors. Vs. State of J and K and ors.

Court : Jammu and Kashmir

Reported in : 2008(2)JKJ81

..... deputy inspectors-general, superintendents and assistant/deputy superintendents are, with reference to sections 270 and 492 of the code of criminal procedure, ex-officio public prosecutors in respect of all cases committed from their respective districts for trial before the court ..... which either reflect in any way on the conduct of the police or indicate that theory on which the case was prosecuted has broken down;(x) to keep in view the orders regarding the formation of a criminal museum at the police training school, and take the orders of the superintendent for the acquisition of such weapons instruments or other articles connected with cases sent up for trial as may be considered useful ..... head of a prosecuting agency of a district, as laid down in sub-rule (2), shall also perform the following duties:(a) shall attend the session court in all police cases of his district;(b) shall argue appeals and revisions of al police cases in the court of the district magistrate and additional district magistrate;(c) shall prosecute any case in any court in his district;(d) shall carry out inspections of officers of prosecuting officers ..... sessions cases;(b) all commitment cases where their appearance is necessary at headquarters and at out-stations when required by the district magistrate;(c) all criminal appeals when required by the district magistrate or sessions judge;(d) all original cases when required by the district magistrate. ..... chapter 21 of police rules framed under the police act .....

Sher Singh Vs. State of J. and K.

Court : Jammu and Kashmir

Reported in : 2007CriLJ513

..... and examine any such person as to the subject-matter of this report.in terms of chapter xli, only those documents which purport to be the report under the hand of any of the persons mentioned in section 510 may be used as evidence in any inquiry, trial or proceedings under the code of criminal procedure.scientific assistant does not find its mention in the list of functionaries in section 510 of the code of criminal procedure, whose reports are admissible, as such, in evidence under section 510 of the ..... i do not find any substance in the submission of the state counsel that plea regarding inadmissibility of the report of the scientific assistant in evidence could not be raised in appeal because appeal is a statutory remedy where the aggrieved party may project any lawful plea as to the sustainability of the impugned judgment. ..... of heroin powder and sentenced to ten years' rigorous imprisonment and a fine of rupees one lac, sher singh alias shera has appealed to this court seeking setting aside his conviction and sentence recorded by learned principal sessions judge, jammu, hereinafter to be referred as the 'trial court'.prosecution case2. ..... this appeal is, accordingly, allowed. ..... such a plea can always be raised in the appeal. ..... 93/fsl/96 dated 27-2-1996 of scientific assistant, fsl, jammu, in evidence during the trial of the case, so he could not raise any such objection in appeal.6. ..... devki nandan, learned counsel for the appellant, has made only two submissions in support of the appeal. .....

Rajesh Gupta Vs. Jagdish Gupta

Court : Jammu and Kashmir

Reported in : 1997CriLJ175

..... section 242 falls under chapter xx of the code, of criminal procedure which deals with the trial of summons cases by the magistrate. ..... the pleas taken by the complainant lack in substance because no provision of the code of criminal procedure enjoins upon a complainant to furnish a list of the documents along with the complaint that he proposed to rely on in the trial in a summons case. ..... which provided that powers of revision shall not be exercised in relation to any interlocutory order passed in any appeal, inquiry, trial or other proceedings. .....

Mohd. Maqbool Mir Vs. Ali Mohd. Ganai

Court : Jammu and Kashmir

Reported in : 2005(2)JKJ605

..... one of the letters bears the proper stamp, the contract or agreement shall be deemed to be duly stamped;(d) nothing herein contained shall prevent the admission of any instrument in evidence in any proceeding in a criminal court, other than a proceeding under chapter xii or chapter xxxvi of the code of criminal procedure;(e) nothing herein contained shall prevent the admission of any instrument in any court when such instrument has been executed by or on behalf of the government, or where it bears the certificate of the collector ..... appeal under section 96 of the code of civil procedure is directed against the judgment and decree dated 20.05.2004 passed by the district judge, pulwama in a suit no. ..... it is against this judgment and decree that the present appeal has been filed and the only ground raised both in the memorandum of appeal and before this court by the learned counsel for the appellant is that the document - pronote on the basis of which the plaintiff has filed the suit is not legally admissible in evidence as it contravenes the provisions of ..... the result is that the present appeal fails and is dismissed. .....

Romesh Chander Vs. Amar Chand and ors.

Court : Jammu and Kashmir

Reported in : 1996CriLJ3150

..... it may be noted that the duties and functions of a judge under the relevant provisions of procedure and law for framing of the charge are envisaged tinder the relevant chapter xix of code of criminal procedure. ..... more-over even if a private individual is an aggrieved person, he has to work under the instructions/brief of the prosecution and have not to project their grievances more-so by filing a revision or appeal in the matter, which is only aimed at to protract the proceedings and wreck vengeance from the other party. ..... barring a few exceptions, in criminal matters the party who is treated as the aggrieved party is the state which is the custodian of the social interests of the community at large and so it is for the state to take all the steps necessary for bringing ..... are very wide and the court can take up the matter suo-motu irrespective of the fact whether the private individual be a witness in the criminal proceedings or a complainant. ..... the criminal law is not to be used as an instrument of wrecking private vengeance by an aggrieved party against the person who according to that party had caused injury to it. ..... section 304-ii of ranbir penal code read with section 34 rpc and it is against this order that the present revision has been filed.8. .....