Judgment Search Results Home > Cases Phrase: code of criminal procedure 1973 chapter 29 appeals Sorted by: old Court: guwahati Page 1 of about 65 results (0.085 seconds)

Oriental Insurance Co. Ltd. Vs. Abeda Begum and ors.

Court : Guwahati

..... 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 (2 of 1974).19. ..... 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 (2 of 1974). ..... from the above discussion, it is clear that the claims tribunal is a 'civil court', and is subordinate to high court, its orders are amenable to revisional jurisdiction of high court under section 115, civil procedure code.in coming to the above conclusion, the division bench also noted the following:(7) the distinction between the courts of general jurisdiction and courts of special jurisdiction was noted by their lordships of privy council in rajah nilmoni ..... are to follow the procedure laid down in the civil procedure code and they have to act in a judicial manner and they are manned by judicial officer not below the rank of district judge and an appeal is provided against their decision ..... under section 173 of the act an appeal against an award of the claims tribunal ..... does not begin until some tribunal which has power to give a binding and authoritative decision (whether to appeal or not) is called upon to take action. ..... the provisions of appeal is thus relevant to hold that the tribunals are .....

Sankha Ram Sahu and ors. Vs. Bura Takbi and ors.

Court : Guwahati

Reported in : 1976CriLJ1952

..... according to the learned counsel the provisions contained in chapters viii, x and xi of the new act of 1973 have been applied to the 'tribal areas' and as such the provisions under section 401 of the criminal procedure code have also been applied in the 'tribal areas' and as such the decisions referred to by the counsel on behalf of the opposite parties are not applicable in the present case. ..... there is no notification applying the provisions relating to appeal or revision under the criminal procedure code in the 'tribal areas'. ..... in the present case, the petitioners have not availed of the right of appeal and as such no revision is entertainable, even if the spirit of the criminal procedure code can be said to be applicable. ..... both under section 401 of the new code as also under section 439 of the old code, proceedings by way of revision is barred when there is an appeal provided under the code. in g. b. ..... against the said order of the appellate court dated 12-12-1974 in criminal appeal no. ..... in the present case the petitioners had a statutory right of appeal and the same has not been availed of. ..... the indubitable position is that there is a right of appeal provided in the rules for administration of justice. ..... there is a provision for preferring a revision under the rules for the administration of justice referred to above and the question of applicability of section 439 cannot arise and cannot be availed of by a party who has a right to prefer an appeal or revision under the said rules. .....

Pranab Dhar Vs. Rajesh Deb and anr.

Court : Guwahati

Reported in : AIR2009Gau121

..... tribunal deems to be a civil court for all purposes of section 195 and chapter xxvi of the code of criminal procedure, 1973 meaning thereby the legislature in sub-section (2) of section 169, speaks only about the power of the tribunal, not regarding procedure, hence not prohibited the tribunal to apply the general procedure as stated in the provisions of the code like order 47, rule 1, as the legislature has empowered the claims tribunal with ..... matter relevant to the inquiry to assist it in holding the inquiry.order 47, rule 1 -- (1) any person considering himself aggrieved -- (a) by a decree or order from which an appeal is allowed, but from which no appeal has been preferred,(b) by a decree or order from which no appeal is allowed, or(c) by a decision on a reference from a court of small causes, and who, from the discovery of new and important matter or evidence which, after the exercise ..... justice which in a case of this nature in our opinion envisages that a mistake committed by the tribunal in not noticing the facts involved in the appeal which would attract the ancillary and/ or incidental power of the tribunal necessary to discharge the functions effectively for the purpose of doing justice between the parties ..... and the learned member of the tribunal refused to review the order on the ground that the petitioner-insurance company could have preferred an appeal or revision before the, high court, instead the petitioner moved review petition and as such the petition was rejected. .....

U Saul Dkhar Vs. State of Meghalaya

Court : Guwahati

..... sections 226 to 245 in chapter xviii of the code of criminal procedure, 1973 (hereinafter 'the new code'). ..... in this case is: whether a deputy commissioner trying a sessions case in the tribal areas of meghalaya can act upon the evidence recorded by his predecessor even though he is guided only by the spirit of the code of criminal procedure and not by its provisions as such.the question is of considerable importance and is likely to affect a number of pending cases and the cases that may, hereafter, come up before the deputy commissioners in tribal ..... high court of assam, the deputy commissioner or the additional deputy commissioner and his assistants shall be in the spirit of the code of criminal procedure, 1898, as far as it is applicable to the circumstances in the siemships.i also quote sub-section (1) of section 350, which alone is relevant:350 (1) whenever any magistrate, after having heard and ..... deputy commissioner and of the siems shall exercise such powers, not exceeding those of a magistrate of the first class as defined in the code of criminal procedure, 1898 as they may be invested by the governor of assam.the next provision which need be noted is that of para 14, which ..... taken in assam lr (1970) assam & naga 275, where the court held that the right of appeal being a substantive right and creature of a statute could not be introduced by invoking the spirit of the code of criminal procedure.23. ..... criminal appeal ..... criminal appeal ..... criminal appeal ..... criminal appeal ..... criminal appeal .....

Sankar Singh Vs. State of Assam and anr.

Court : Guwahati

..... these clauses read as follows:(b) where a person accused of or suspected of the commission of an offence under this act is forwarded to a magistrate under sub-section (2) or sub-section (2-a) of section 167 of the code of criminal procedure, 1973 (2 of 1974), such magistrate may authorise the detention of such person in such custody as he thinks fit for a period not exceeding fifteen days in the whole where such magistrate is a judicial magistrate and seven days in the ..... chapter v deals with the procedure relating to issue of warrant and authorising the power of search, seizure or arrest without warrant, power of entry, search, seizure and arrest without warrant, power of seizure and arrest in public places, procedure where seizure of goods liable to confiscation not practicable, duties of landholders and officers to give information, power of attachment of crop illegally cultivated, power to stop and search conveyance, disposal of persons arrested and articles seized. ..... section 36-a dealing with offences triable by special courts, section 36-b dealing with appeal and revision section 36-c dealing with application of the code to proceedings before a special court and section 36-d containing transitional provisions have been introduced and we shall refer to the same in due course. ..... default release by the magistrate under proviso (a) to section 167(2) of the code is deemed to be release under chapter xxxiii of the code, that is, section 437 of the code. .....

Srikand Prasad Vs. Union of India (Uoi)

Court : Guwahati

..... trials in relation 'to any one of the offences specified in sections 9 and 10 shall be held in accordance with the procedure laid down in the code of criminal procedure, 1898 (1973). ..... notwithstanding anything contained in the code of criminal procedure, 1898 (now ii of 1974), the central government may invest the commandant or an assistant commandant with the powers of a magistrate of any class for the purpose of inquiring into or trying any offence committed by a member ..... force may be tried either by a judicial magistrate 1st class or commandant or assistant commandant who has been specially conferred with the powers of judicial magistrate;(2) trial will be a judicial trial and the procedure to be followed shall be as per the criminal procedure code ;(3) appeal/revision will lie against the order of the trial court i.e. ..... 36(b) which was mainly relied upon by the appellate court, has been incorporated under chapter via under the heading of 'place of trial and adjustment of jurisdiction of ordinary ..... the expression 'magistrate' occurring in rule 36b under this chapter via of the rules has been defined in the context of place of trial and adjustment of jurisdiction of only ordinary courts and not in the context of power conferred upon the central government under section 16(2) of ..... - for the purpose of this chapter, 'magistrate' means a magistrate other than the commandant or an assistant commandant on whom the powers of a magistrate have been conferred under sub-section (2) ..... chapter .....

Arun Kanungo and ors. Vs. D. PakynteIn and ors.

Court : Guwahati

..... appeals mentioned above are more or less common, we find it convenient to take up these grounds together, duly making reference to specific grounds taken in individual cases as and when relevant.one of the common grounds taken by, the learned counsel for the appellants was that the learned special judge erred in following the procedure prescribed under section 225 to 237 included in chapter-xviii of the code of criminal procedure ..... application of code to proceedings before a special court--save as otherwise provided in this act, the provisions of the code of criminal procedure, 1973 (2 of 1974) (including the provisions as to bail and bonds) shall apply to the proceedings before a special court and for the purposes of the said provisions, the special court shall ..... appeals filed by four appellants under section 36b of ndps act, 1985 read with section 374 clause (2) of criminal procedure code 1973, are directed against the common judgment and order dated 2.6.2006 passed by the learned court of special judge ndps, shillong in criminal ..... a plain reading of the above provision makes it clear that the provisions of the code of criminal procedure, 1973, apply to the proceedings before a special court and for the purposes of the said provisions the special court ..... act specifically provides that a special judge, while trying the accused person shall follow the procedure prescribed by crpc 1973 for trial of warrant cases by magistrate, no such corresponding provision has been incorporated in .....

israil Khan Vs. the State

Court : Guwahati

..... a citizen, who has committed an offence or who is a delinquent in the eye of the law & whose crime or delinquency has rendered him liable to certain penalties or disabilties which can be & have been imposed upon him according to the procedure established by law, cannot claim the protection of rights stated in article 19 (1) (d) & (e) of the constitution if, as a result of such penalty or disability, he has been deprived wholly or partially of those rights -- rights which are ..... (6) (ii) of this chapter lays down that the inquiry against habitual offenders under section 11 shall be made as nearly as may be practicable according to the procedure prescribed for the trial ..... . if the person, against whom an order has been made or confirmed in appeal as the case may be, fails to comply with the order within the time specified therein or after complying with the said order returns to or remains in the ..... nijabat hussain' 12 cal 536, the question whether sentences in criminal cases passed by officers under section 4 of the act xxxvii (37) of 1855, which according to ..... respect of an order of attachment under section 386 of the code, as it stood before 1923, was held to be impliedly ..... of the code is only under ..... these proceedings either under the code or under section 15, ..... code ..... a certain class of people that a man has done particular acts or has characteristics of a certain kind, these rumours are in themselves evidence under section 117 of the code. ..... , exercising jurisdiction under the code. .....

Asha Das and ors. Vs. the State

Court : Guwahati

..... there is nothing in the code of criminal procedure itself which debars a magistrate from sending a complaint case relating to a cognizable offence to the police for investigation and report under section 156 (3), criminal p. c. ..... what is 'taking cognizance' was explained as follows: 'what is 'taking cognizance' has not been defined in the criminal procedure code, and i have no desire now to attempt to define it. ..... for a reference who transferred the case to the additional sessions judge who referred the case to this court for setting aside the conviction as in his view the procedure followed in the matter of the trial was highly defective and he relies in support of his view on two of the calcutta decisions reported in pulin behari v ..... he must not only have applied his mind to the contents of the petition, but he must have done so for the purpose of proceeding in a particular way as indicated in the subsequent provisions of this chapter,--proceedings under section 200, and thereafter sending it for enquiry and report under section 202. ..... where express or imperative provisions of law are ignored no finding, sentence or order passed by a court of competent jurisdiction can be reversed or altered on appeal or revision on account of any illegality unless it has actually occasioned a failure of justice. ..... an appeal was preferred by the local ..... on appeal they were acquitted by the sessions judge on the ground that the arrest of the 3 persons who were alleged to have been rescued was illegal .....

The State Vs. NaramuddIn Ahmed and anr.

Court : Guwahati

..... he refers first to section 7 of the act which provides as follows:notwithstanding anything contained in the criminal procedure code, 1898 (act 5 of 1893) or in any other law, the offences specified in sub-section (1) of section 6 shall be triable ..... from the scheme of the criminal procedure code, it appears that the trial cannot normally be regarded as concluded till the accused ..... mccarthy', 9 all 420 (b) it was held that no trial can be, legally-speaking, concluded until judgment and sentence ,he passed, and the trial of a case referred by a sessions judge to the high court under section 307, criminal p, c, remains open for the high court to conclude and complete, either by maintaining the verdict of the jury and causing judgment of acquittal to be recorded, or by setting aside the verdict of; acquittal, and causing conviction and ..... das, the learned counsel for naramuddin ahmed first on the ground that the trial had been concluded before the criminal law amendment act came into force and secondly on the ground that in the circumstances of this case, section 10 of the act has no application.he points out that up to the date of delivery of judgment, ..... chapter 20 of die code prescribes procedure for the ..... of the intention of the accused to move the high court to be given in the course of an enquiry or trial or before the commencement of hearing of any appeal.clause (8) has subsequently been amended. ..... part e of the chapter covers the trial up to the stage of closing of the prosecution .....