Judgment Search Results Home > Cases Phrase: code of criminal procedure 1973 chapter 29 appeals Sorted by: old Page 1 of about 16,055 results (0.207 seconds)

Surendra Singh Vs. State of M.P.

Court : Madhya Pradesh

Reported in : 1989CriLJ1430

..... state of bombay : 1960crilj1156 , to contend that looking to the scheme of the relevant provisions contained in chapter 29 of the code of criminal procedure, 1973, if the appeal was not summarily dismissed, the hearing could not be confined to the question of sentence only and such an order, if passed, would not deprive the appellant of his right to challenge the legality of the ..... an order if passed is invalid, and the appellant is entitled to insist that the appeal should be heard on merits.the provision of the repealed code of criminal procedure, 1898, considered by their lordships of the supreme court in the abovesaid decision are no doubt parallel provisions of the new code and the law laid down does have a binding force as mandated by article 141 of the constitution of india while hearing an appeal under the new code of criminal procedure, 1973. ..... enacted to sub-section (2) of section 385 contemplates an appeal only as to the extent or legality of the sentence which the court may dispose of even without sending for the record of the trial court, the newly enacted provision contained in sub-section (3) of section 385 contemplates an appeal where the only grounds taken in the appeal from a conviction is the alleged severity of the sentence. ..... the appellate court, after hearing the appeal certainly has the power under section 423, in finally disposing of the appeal, to reduce the sentence but that does not entitle it to direct that an appeal is admitted only on the question .....

Lakshmanan Sundaram Vs. State of Kerala

Court : Kerala

Reported in : 1990CriLJ1800

..... chapter xxix of the code of criminal procedure, 1973 deals with appeals ..... sessions judge was directed to take additional evidence by himself or through the trial court and the accused was directed to be examined under section 342 of the code of criminal procedure and to be given an opportunity to adduce evidence. ..... now compare these provisions with the provisions of the code of criminal procedure, 1898. ..... other words, the contention is that remand for continuance of trial or further trial is not contemplated by section 386 of the code of criminal procedure. ..... be made for the purpose of continuance or completion of trial to enable the prosecution or the defence to adduce additional evidence and that if additional evidence was thought necessary, recourse could be had only to section 391 of the code of criminal procedure. ..... case, conviction and sentence entered by the trial court were set aside by the appellate court which further directed retrial from the stage at which the defective procedure had been adopted by the trial court, defective procedure being absence of personal questioning of the accused under section 342 of the 1898 code and accused not being given an opportunity to adduce evidence. ..... that clause (a) of section 423 is identical with section 386(a) of the 1973 code and clause (b) of section 423 of the 1898 code is identical with clause (b) of section 386 of the 1973 code except that in the latter there has been a rearrangement.10. ..... chapter xxxi of the 1898 code dealt with appeals .....

Samaliya Kishanlal Vs. State of Madhya Pradesh

Court : Madhya Pradesh

Reported in : 1993(0)MPLJ476

..... will be seen that chapter xxix of criminal procedure code, 1973, deals with appeals. ..... was sought to be stressed that the accused had already suffered enough for no fault of his own because adoption of the wrong procedure during trial was not his mistake. ..... on this ground it was urged in the appeal that the groundnut oil was adulterated and the respondents were liable to be convicted for the offence ..... the difficulties that may have to be encountered in securing the presence of witnesses in a case of that nature nearly 7 years after the incident, it would have been proper for the high court to have dismissed the appeal rather than to have ordered re-trial. ..... power may be exercised even in an appeal for enhancement of sentence vide clause (c)(i). ..... regard to the nature of offence there is enormous delay in proceeding with the criminal prosecution by the appellant i.e. ..... appellate court has undoubtedly power to direct a re-trial in an appeal from an order of acquittal as well as in an appeal from a conviction. ..... fresh trial may take a couple of more years, let alone the time that may be required in appeal and revision, if found necessary. ..... shah, who heard the appeal, held that section 16a of the prevention of food adulteration act, 1954, was ..... who tried the case according to warrant-case procedure instead of summarily. ..... while disposing of the appeal, the high court felt that the trial court had missed the essence of the offences with which the accused had been charged and, therefore, there was failure .....

Amarjit Singh and Prem Parkash Vs. State (Delhi Administration)

Court : Delhi

Reported in : 1993(25)DRJ466

..... '(4) the appellants, however, contend to the contrary and they in support of their case rely on section 36b of the act which is as under '36-b.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, 1973 (2 of 1974), on 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 ..... '(5) chapter xxix of the code of criminal procedure, 1973 (for short 'the code') deals with appeals and chapter xxx of the code with reference and revision. ..... we see no reason why provisions of section 389 as appearing in chapter xxix of the code of criminal procedure could not be applicable in an appeal filed under section 36b of the act. ..... (2) the limitations on granting bail specified in clause (b) of sub-section (1) are in addition to the limitations under the code of criminal procedure, 1973 (2 of 1974), or any other law for the time being in force on granting of bail. ..... this section is as der :- '(1)notwithstanding anything contained in the code of criminal procedure, 1973 (2 of 1974), - (a) every offence punishable under this act shall be congnizable; (b) h no person accused of an offence punishable for a term of imprisonment of five years or more under this act shall be released on bail or on his own bond unless - (i) the .....

Shakti Behal Vs. State

Court : Delhi

Reported in : 1993(3)Crimes648; 51(1993)DLT354; II(1993)DMC257

..... such categorical terms would be to self impose a restriction on the exercise of power by the appellate court under section 389 read with section 439(1) of the criminal procedure code. ..... ' if either because the evidence is so meagre that the accused is not likely to take the risk of jumping bail anticipating conviction in appeal or there are other reasons why on the facts of a case the court could form the opinion that the accused would not jump bail if released then bail may be granted unless ..... the law has conferred on the convict, in respect of whom death sentence has been passed by court of session, only a right to prefer appeal under chapter xxix but it intended to take away from such convict the right to seek relief under section 389 of the code. ..... chapter xxix of the code deals with appeals ..... shanti behal, the appellant, by this application seeks suspensions of sentence and grant of ball pending decision of appeal filed by her against the judgment of conviction dated 20th april 1993 and order of sentence dated 21st april 11993 ..... chapter xxviii of the code which deals with submission of death sentences for confirmation does not affect the right of a convict to prefer an appeal to this court as provided in section 374(2) of the code. ..... the convict in respect of .whom sentence of death has been passed by court of session and .who has, also filed appeal would not be entitled to seek bail in his appeal because of pendency of confirmation proceedings, it would have expressly provided that. .....

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 .....

Badan Singh Alias Baddo Vs. State of U.P. and ors.

Court : Allahabad

Reported in : 2002CriLJ1392

..... chapter xxix of the code of criminal procedure 1973 under caption 'appeal' contains twenty three sections ..... section 372 provides that no appeal shall lie from any judgment or order of a criminal court except as provided for by this code or by any other law for the time being ..... even assuming that section 18 has the application and orders of the district magistrate and the special court can be challenged by way of appeal yet i would hold that the writ petition under article 226 of the constitution is maintainable when the very order of attachment passed by the district magistrate is illegal, arbitrary and ..... sections 381 and 382 prescribe the procedure for filing of appeal in the court of sesions and the manner ..... - the provisions of chapter xxix of the code shall, mutatis mutandis, apply to an appeal against any judgment or order of a court passed under the provisions of ..... that the impugned orders cannot be interfered with in exercise of extra-ordinary writ jurisdiction when alternative remedy by way of appeal is provided under section 18 of the act was available to the petitioners.6. ..... and sections 3 and 18 of the act what appears is that appeal would lie against the order of conviction or acquittal under the act and not against the order of attachment of the district magistrate or the order of the special court on the reference made by ..... his further case was that most of the criminal cases registered against him have ended in acquittal and others have been stayed pursuant to the order .....

Both Ro at Bhendkhal Vs. the State of Maharashtra

Court : Mumbai

..... orders passed in that behalf; (xv) any application for expunging remarks or observations on the record of or made in the judgment in the case or any appeal, reference, revision or review arising out of the cases, and (xvi) any application or proceeding for sanctioning prosecution under chapter xxxv of the code of criminal procedure, 1898 (now chapter xxvi of the code of criminal procedure, 1973) or any appeal or revision arising from and out of any order passed in such an application or proceedings: provided that where the venue of the case or the ..... since the appellant had not made any arrangement for having his matter argued, i proceeded to decide the appeal after considering the record, as is required under section 386 of the code of criminal procedure, corresponding to section 423 of the old 1898 code. ..... in the backdrop of the fact that appellant abhay had stated in his statement under section 313 of code of criminal procedure that there was political rivalry between the victim and the appellants, as also the fact that it was suggested to the victim that the appellants were involved in the case of kidnapping one pushpalata because of ..... as rightly pointed out since the probation of offenders act applies to the state of maharashtra, there is no question of invoking the provision of section 360 of the code of criminal procedure in view of section 19 of the probation of offenders act. .....

Present:- Mr. Aps Mann Advocate Vs. State of Punjab

Court : Punjab and Haryana

..... mr.mann while drawing my attention to the provisions of section 394 of the code of criminal procedure submits that the present appeal, in fact, cannot abate as appellant subhash chander (since deceased) after suffering conviction under ndps act was awarded sentence of fine also and once the trial court imposes the sentence of fine along with the substantive sentence, an appeal filed against the said judgment cannot abate even on the death of the appellant ..... no.44115 of 2005 under section 394 of the code of criminal procedure for grant of leave the present applicant to continue with the appeal after the death of his father; crl. ..... except such an appeal, every other appeal under the chapter xxix of the criminal procedure code, 1973 would abate on the death of the appellant ..... the appeal was not finally disposed of on merits and it stood abated on account of death of the appellant without even touching the merits, re-hearing of the present appeal, in my considered view, would not amount to review of the order as barred under section 362 of the code of criminal procedure. ..... since the case of the applicant is on firm legal footings in the light of the provisions of section 394 of code of criminal procedure and ratio laid down in harnam singh's case (supra).in my considered view, the delay in filing the present application becomes insignificant and it should not stand in the ..... no.44116 of 2005 under section 482 of the code of criminal procedure for recalling the order dated 16.3.2005, and crl .....

Ram Piara Vs. State of Punjab

Court : Punjab and Haryana

..... except such an appeal, every other appeal under the chapter xxix of the code of criminal procedure, 1973 would abate on the death of the appellant. ..... (2) every other appeal under this chapter (except an appeal from a sentence of fine) shall finally abate on the death of the appellant: provided that where the appeal is against a conviction and sentence of death or of imprisonment, and the appellant dies during the pendency of the appeal, any of his near relatives may, within thirty days of the death of the appellant, apply to the appellate court for leave to continue the appeal; and if leave is granted, the appeal shall not abate. ..... secondly, there is a proviso to sub-clause (2) which stipulates that even in a case where an appeal is filed against conviction and sentence of death or imprisonment and the appellant dies during the pendency of appeal, a provision is made whereby any of his relative can make an application within a period of 30 days from the date of death of the appellant for continuation of the appeal by them and if on such application being made, leave is granted by the court, then in that event, parveen kumar201408 ..... in view of what has been stated by this court in the afore-noted cases the principles embodied in section 394 of the code can be pressed into service in appeals before this court. ..... insistence on recovery may be justified where the default clause of the sentence is not there or it is in lieu of compensation awarded under section 357 of the code of 1973. .....