Judgment Search Results Home > Cases Phrase: code of criminal procedure 1973 chapter 29 appeals Court: rajasthan Page 1 of about 172 results (0.125 seconds)

Smt Champa and ors Vs. Roop Lal

Court : Rajasthan Jodhpur

..... (2) no appeal shall lie from a decree or order passed by the family court with the consent of the parties [or from an order passed under chapter ix of the code of criminal procedure, 1973 (2 of 1974): provided that nothing in this sub- section shall apply to any appeal pending before a high court or any order passed under chapter ix of the code of criminal procedure 1973 (2 of 1974) before the commencement of the family courts (amendment) act, 1991]. ..... provided that nothing in this sub-section shall apply to any appeal pending before high court or any order under chapter ix of the code of criminal procedure, 1973 (2 of 1974) before the amendment of the family courts (amendment) act, 1991. ..... (2) no appeal shall lie from a decree or order passed by the family court with the consent of the parties or from an order passed under chapter ix of the code of criminal procedure, 1973 (2 of 1974) before the amendment of the family courts (amendment) act, 1991. ..... (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 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, as to the regularity of such proceeding. .....

Lalit Shanker Vs. Smt,sunder Bai

Court : Rajasthan Jodhpur

..... (2) no appeal shall lie from a decree or order passed by the family court with the consent of the parties or from an order passed under chapter ix of the code of criminal procedure, 1973 (2 of 1974): provided that nothing in this sub-section shall apply to any appeal pending before a high court or any order passed under chapter ix of the code of criminal procedure, 1973 (2 of 1974) before the commencement of the family courts (amendment) act, 1991. ..... (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 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 as to the regularity of such proceeding. ..... - (1) subject to the other provisions of this act and the rules, the provisions of the code of civil procedure, 1908(5 of 1908) and of any other law for the time being in force shall apply to the suits and proceedings other than the proceedings under chapter ix of the code of criminal procedure, 1973 (2 of 1974) before a family court and for the purposes of the said provisions of the code, a family court shall be deemed to be a civil court and shall have all the powers of such .....

Gyan Chand Vs. the State of Rajasthan

Court : Rajasthan

Reported in : 1993CriLJ422

..... - 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, 1973 (2 of 1974) or a high court as if a special court within the local limits of the jurisdiction of the high court were a court of session trying cases within the local limits of the jurisdiction of the high court. ..... , which deals with the powers of suspension of sentence pending the appeal, finds place in chapter xxix of the code of criminal procedure. ..... section 36b of the act empowers the high court, during the pendency of the appeal or revision, to exercise all the powers conferred by chapters xxix and xxx of the code of criminal procedure. ..... obstante clause and provides that no sentence awarded under the act, other than section 37, shall be suspended, remitted and commuted, while section 36b of the act empowers the high court, during pendency of the appeal or revision, to exercise all the powers conferred by chapters xxix and xxx of the code of criminal procedure. ..... them and they can be harmonised without any difficulty, if section 36b of the act is held to be dealing-with the power of the appellate court of suspension of sentence passed by the court below during the pendency of the appeal while section 32a of the act, which puts restriction on the powers dealing with the powers of the appropriate government regarding the suspension, remission or communtation of the sentence after conviction. .....

Satya Prakash Vs. Smt. Premlata

Court : Rajasthan

Reported in : I(1996)DMC657; 1996(1)WLC179

..... (2) no appeal shall lie from a decree or order passed by the family court with the consent of the parties or from an order passed under chapter ix of the code of criminal procedure, 1973 (2 of 1974): provided that nothing in this sub-section shall apply to any appeal pending before a high court or any order under chapter ix of the code of criminal procedure, 1973 (2 of 1974) before the commencement of the family ..... the nature referred to in the explanation to that sub-section;(b) no magistrate shall, in relation to such area, have or exercise any jurisdiction or powers under chapter ix of the code of criminal procedure, 1973 (2 of 1974);(c) every suitor proceeding of the nature referred to in the explanation to sub-section (1) of section 7 and every proceeding under chapter ix of the code of criminal procedure, 1973 (2 of 1974),-(i) which is pending immediately before the establishment of such family court before any district court or subordinate court referred to in that sub-section or, ..... as the case may be, before any magistrate under the said code; and(ii) which would have been required to be instituted or taken before or by such family court if, .....

Kamal Dubey Vs. Rajendra Prasad and ors.

Court : Rajasthan

Reported in : RLW2008(3)Raj2625

..... of 1860) and the rent tribunal or the appellate rent tribunal shall be deemed to be a civil court for the purposes of section 195 and chapter xxvi of the code of criminal procedure, 1973 (central act no. ..... even otherwise, the high court, while sitting in second appeal under section 100 of the code of civil procedure does not interfere with the concurrent finding of fact recorded by both the courts ..... being aggrieved with the finding of the tribunal in respect of eviction on the ground of reasonable and bonafide necessity, the tenant preferred an appeal; whereas, being aggrieved with the finding of the tribunal in respect of subletting of the premise, the landlord filed his cross-objections before the appellate ..... the learned appellate tribunal dismissed the appeal as well as the cross-objections, ..... 5 of 1908) while trying a suit or an appeal in respect of following matters, namely:(a) summoning and enforcing the attendance of any person and examining him on oath;(b) requiring the discovery and production of documents:(c) reviewing its decision;(d) issuing commissions for the examination of witnesses ..... - every petition or appeal so far as possible shall be in the model form specified in schedule a and schedule b, and every recovery certificate shall be in the model form specified in schedule c, of this ..... a petition or an appeal before the rent tribunal or the appellate tribunal is filed in the model forms specified in schedule-a and b as prescribed under section 22 of the rent control .....

Bhanwarsingh Vs. the State of Rajasthan

Court : Rajasthan

Reported in : 1996CriLJ3086; 1996(2)WLC745; 1996(1)WLN170

..... provisions of section 33, no sentence awarded under this act (other than section 27) shall be suspended or remitted or committed.section 36b 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, 1973, on a high court as if a special court within the local limits of the jurisdiction of the high court were a court of sessions trying case within the local limits of the jurisdiction of the high court.section ..... interpretation as given by the kerala high court appears to be more rational and apposite with the scheme and object of the act but the madras high court has held that this section specifically refers to chapters xxix and xxx of the code of criminal procedure and chapter xxix of the code refers to appeals to various courts inclusive of the supreme court, high court and the court of sessions. ..... high court has no power to suspend the sentence of a convicted person either during the pendency of his appeal or revision, unless it relates to the offence under section 27 of the act.in this connection, reference was also made to articles 72 and 161 of the constitution of india and it was observed that if the object of section 32a of the ..... chapter xxix of the code refers to appeals to various courts inclusive of the supreme court, high court and the court of sessions. .....

Minor Anu @ Atul Vs. Ratan Lal Sharma

Court : Rajasthan

Reported in : II(1993)DMC121; 1993(2)WLC156

..... (2) of section 7 provides that a family court shall also have and exercise the jurisdiction exercisable by a magistrate of the first class under chapter ix of the code of criminal procedure, 1973 relating to order for maintenance of wife, children and parents. ..... appeal--(1) save as provided in sub-section (2) and notwithstanding anything contained in the code of civil procedure, 1908 (5 of 1908) or in the code of criminal procedure, 1973 (2 of 1974), or in any other law, an appeal shall lie from every judgment or order, not being an interlocutory order, of a family court to the high court both on facts and ..... learned counsel appearing for minor children, when faced with this situation, had to concede fairly and rightly so, that the appeals are not maintainable against the impugned order granting interim maintenance allowance. mr. ..... true that against the earlier order granting interim maintenance allowance of the family court judge dated september 17, 1990, an appeal was preferred by ratan lal and the same was decided on merits. ..... used in sub-section (1) of section 19 of the act unmistakably provides that no appeal shall lie from any judgment or order which is an interlocutory order. ..... not concerned with other part of the order as these appeals are related with the order awarding interim maintenance allowance.3. ..... before, we deal with the question of the maintainability of the appeals, we deem it necessary to refer the relevant provisions of the act which have vital bearing on the .....

Minor Anu Vs. Ratan Lal Sharma

Court : Rajasthan

Reported in : II(1994)DMC338

..... -section (2) of section 7 provides that a family court shall also, have and exercise the jurisdiction exercisable by a magistrate of the first class under chapter ix of the code of criminal procedure, 1973 relating to order for maintenance of wife, children and parents. ..... appeal--(1) save as provided in sub-section (2) and notwithstanding anything contained in the code of civil procedure, 1908 (5 of 1908) or in the code of criminal procedure, 1973 (2 of 1974), or in any other law, an appeal shall lie from every judgment or order, not being an interlocutory order, of a family court to the high court both on facts and on ..... learned counsel appearing for minor children, when faced with this situation, has to concede fairly and rightly so, that the appeals are not maintainable against the impugned order granting interim maintenance allowance. mr. ..... is true that against the earlier order granting interim maintenance allowance of the family court judge dated september 17, 1990, an appeal was preferred by ratan lal and the same was decided on merits. ..... phraseology used in sub-section (1) of section 19 of the act unmistakably provides that no appeal shall lie from any judgment or order which is an interlocutory order. ..... are not concerned with other part of the order as these appeals are related with the order awarding interim maintenance allowance.during the course of arguments a question arose for our determination as to whether the present appeals are maintainable under section 19(1) of the act. .....

Bajrang Lal Laxmi NaraIn Dadli Deedwana Regd. Partnership Firm Vs. Jee ...

Court : Rajasthan

Reported in : 2000(2)WLN319

..... the present case, squarely falls within the category of those cases in which it is not only permissible but expedient in the interest of justice to take appropriate action under section 340 of the criminal procedure code, 1973, by making an order for filing a complaint against the persons who have, by their acts, omissions and commissions, left no stone unturned to mislead this court and pervert the course of justice by making false statements and ..... ipc, or for any other offence in accordance with law.for the reasons discussed hereinabove the application moved under section 5 of the indian limitation act is allowed and delay of 701 days in filing the present second appeal computing limitation from the date of preparation of decree dated 11.7.1997 is condoned under section 5 of the limitation act, read with section 151 cpc and under article 215 of the constitution of india.office is to list ..... . in order to avoid any prejudice to an accused and to provide him a fair trial, parliament has enacted detailed procedure under chapter-xviii (trial before court of session); chapter-xix (trial of warrant cases by magistrate); chapter-xx (trial of summons cases by magistrate); and chapter-xxi (summary trials), depending upon the gravity of an offence and punishment provided thereunder ..... . parliament, in its anxiety to ensure a fair trial to an accused has enacted chapter xxiii (evidence in inquiries and trials) and chapter-xxiv (general provisions to inquiries and trials) .....

Ramesh Kumar Vs. State of Rajasthan

Court : Rajasthan

Reported in : 1999CriLJ871; 1999(2)WLC8; 1999(1)WLN130

..... envisaged by chapters xii and xiv of the code of criminal procedure, 1973. ..... rules, 1954 and rajasthan police subordinate service rules, 1989 has contended that a constable of the rajasthan armed constabulary is also a police officer within the meaning of section 25 of the evidence act or section 162 of the code of criminal procedure and, therefore, a statement made to or before such constable of the rajasthan armed constabulary is inadmissible in evidence and cannot be used for any purpose in evidence as envisaged by provisions of section 25 of indian evidence act or section 162 ..... police officers and hence inadmissible by reason of the provisions of section 25 of the indian evidence act; (ii) these extra judicial confessions cannot be used in evidence for any purpose in view of the provisions of section 162 of the code of criminal procedure as these extra judicial confessions are also statements made by any person to a police officer and, therefore, the same cannot be used for ordering conviction of the accused.6. ..... sentencing him to undergo sentence of imprisonment for life the appellant has preferred this appeal on the grounds stated in the memo of appeal as also canvassed orally by the learned counsel appearing on his behalf.2. ..... the facts giving rise to the present appeal, stated briefly, are that on 4-3-1992 at about 8.30 ..... the result the appeal fails and is dismissed ..... us to the consideration of the appeal on factual merits. ..... point, therefore, there is no substance in the appeal.11. .....