Judgment Search Results Home > Cases Phrase: code of criminal procedure 1973 chapter 29 appeals Sorted by: old Court: guwahati Page 2 of about 65 results (0.085 seconds)

Mohan Choudhury Vs. the State

Court : Guwahati

..... mind to the facts of the casa and decide on a course of action in furtherance of such application of mind for the purpose of further proceeding with the matter in accordance with the subsequent provisions of the criminal procedure code ..... bengal : 1959crilj1368 has held that it is only when a magistrate applies his mind for the purpose of proceeding under section 20o and subsequent sections of chanter xvi of the code or under section 204 of chapter xvii of the code that it can be positively stated that he had applied his mind and therefore had taken cognizance ..... that the case cannot be tried by him as he was the informant cannot be stated to show that shri chakraborty had applied his mind for proceeding with the case under chapter xvii of the code and hence, he cannot be said to have taken cognizance of the case ..... . which provided that no judge or magistrate shall, except with the permission of the court to which an appeal ties front his court, try or commit for trial any case to or in which he is a ..... the accused to jail hajat, he must be deemad to have taken cognizance of the case on his own knowledge under section 190(1)(c) and that he should, thereafter have proceeded under section 204 of the code and as the accused had already been brought before him under arrest, the proper procedure to be followed was under section 252, cr.p.c ..... be said to have taken cognizance under section 190(1)(a), he should have proceeded under chapter xvi of the coda and examined the complainant on oath under section 200 .....

The State Vs. Lenbom Lonkholam Simte and ors.

Court : Guwahati

..... under section 22 of the arms act when evidence was let in before the magistrate and that after the magistrate cancelled the said charge and converted the trial into-an enquiry under chapter xviii criminal procedure code and after he finally decided to try them before himself, he framed the charge under section 21 of the arms act instead of section 22 for violation of condition no. ..... cross-examined.on 25-9-61, the magistrate realised that the charge under section 120b as framed was triable only by the court of session and that he should -have adopted the procedure under chapter xviii criminal procedure code instead of framing charges .himself and trying the case. ..... the charges framed by him and proceeded with the case as an enquiry under chapter xviii criminal procedure code. ..... done b$ the magistrate under section 207-a (6) before the framing of the specific charges will not satisfy the mandatory provision in section 342 criminal procedure code which makes it obligatory for the magistrate to question the accused after the prosecution witnesses. ..... 5 and 7 had filed criminal appeal no. ..... criminal appeal ..... criminal appeal no, 14 of 1962 is filed by the state against the acquittal of the 9 respondents, who were ..... it was after this that this appeal and revision were taken up before mo ..... now i shall take up the appeal against the acquittal of accused 6 and 8 ..... this matter was raised before the sessions judge in the appeal filed by the accused. ..... the said appeal was dismissed by the additional sessions .....

Sishir Kumar Deb. Vs. Sachindra Ch. Deb.

Court : Guwahati

..... the learned second class magistrate should have correctly followed the procedure laid down by chapter xx of the criminal procedure code, since the offence under section 323, i.p.c. ..... pages 1635 and 1636 of sohoni's criminal procedure code, 16th edition. ..... both the accused carried the matter in appeal, which was disposed of by the learned assistant sessions judge, tripura in agartala in criminal appeal no. ..... tripura, dated 4-11-1965 in criminal appeal no. ..... so far as the petitioner is concerned he dismissed the appeal and affirmed his conviction under section 323. i.p.c. ..... , which is not a substantial offence is illegal and allowed the appeal so far as he is concerned and acquitted him. ..... hence the present criminal revision petition.5. ..... deb), in criminal case no. ..... for '10 days, passed against the petitioner sishir kumar deb by the second class magistrate in khowai in criminal case no. ..... this is a criminal revision petition filed under section 439 cr. p.c. .....

Nireswar Gogoi Vs. State of Assam

Court : Guwahati

..... officer under the west bengal and the madhya pradesh acts is not a police report as contemplated under section 251-a, as the same has not been submitted under section 173 of the code of criminal procedure at the conclusion of an investigation under chapter xiv of the code but under section 20-g of the opium act the said reasoning per se would not convert an excise officer's report of an offence under the assam act into a police report to attract the provisions ..... section 251-a, cr.p.c.this view was taken even though there were provisions in the madhya pradesh act amending section 20 of the opium act prescribing a detailed procedure of investigation similar to the west bengal amendment and closely resembling the procedure of investigation laid down under chapter xiv of the code of criminal procedure.both in the calcutta high court as well as in the madhya pradesh high court, the question had to be considered in the light of the provisions of the respective state ..... we may also observe that their lordships of the supreme court in criminal appeal no. ..... this is the modified sentence passed by the learned sessions judge in appeal, in place of the earlier sentence of rigorous imprisonment for one year and a fine of rs. ..... in appeal, the learned sessions judge only considered the question of severity of the sentence and reduced the same as earlier noticed.3. .....

Prasanna Gogoi Vs. State

Court : Guwahati

..... bearing in mind the provisions of sections 371, 419 and 421, cr.pc we are clearly of opinion that these provisions in the code of criminal procedure irn-pliedly repeal the provisions regarding court-fees on certified copies of judgment obtained under section 371, cr.pc, and with which the accused is lodging his appeal under section 419, cr.pc just in the case of section 76 of the evidence act, so also in the case of section 4 read with article 9 of schedule i of the court fees act, the ..... therefore, section 4 cannot be pressed into service in view of the provisions of the code of criminal procedure which impliedly repeal that section with particular reference to payment of court-fees on certified copies of judgment obtained free of cost under section 371, cr.pc and presented in the court of appeal under section 419, cr.pc the legislative exemption under section 371, cr.pc of legal fees required under section 76 of the evidence act in the case of judgment obtainable in respect of the certified copies of the judgment ..... we have drawn his attention to rule 13 of the high court rules in chapter xiii, part iv at page 120, which may be set out:in the case of certified copies, the court-fee chargeable under the court-fees act shall be paid by affixing the necessary stamp to the first folio of .....

The State of Assam Vs. Upendra Nath Rajkhowa

Court : Guwahati

..... would be relevant within the meaning of section 9 of the evidence act; but if the magistrate seeks to prove statements of a iper-son not recorded in compliance with the mandatory (provisions of section 164 of the code of criminal procedure, such part of the evidence though it may be relevant within the meaning of section 9 of the evidence act, will have to be excluded. ..... it may, however, be observed that an information to have the status of first information report under section 154 of the code of criminal procedure must be an information relating to the commission of a cognizable offence and it must not be vague but definite enough to enable the ..... british system as a 'branch of the benefit of reasonable doubt doctrine and in our own on the more logical socially relevant and modern basis, that an acquitted accused should not toe put in peril of conviction on appeal save where substantial and compelling grounds exist for such a course. ..... of a magistrate, investigate any cognizable case which a court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of chapter xv relating to the place of inquiry or trial. ..... state of maharashtra, : [1973]1scr291 the supreme court has observed:the discovery of the true motive for a crime is not imperative ..... 2626 : (1973 cri lj ..... 19 of 1973 is allowed and the impugned order of acquittal of accused umesh baishya passed by the learned sessions ..... 19 of 1973 against the ..... 1973 stand .....

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. .....

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 .....

Gendra Brahma and ors. Vs. the State of Assam

Court : Guwahati

..... i am constrained to observe that if free legal aid, enshrined in the constitution and also in the code of criminal procedure means anything to a needy person it should begin from the moment when a poor and needy person is ..... to inform the accused about the protective shields contained in articles 22(1), 20(3) of the constitution and section 303 of the criminal procedure code, 1973? ..... that the judicial mind of the recording officer was satisfied by some objective test and that a mentally disabled person coming from criminal class was mentally fit enough to understand the implication of the warning and to make a fatal statement. ..... that the judicial mind of the recording officer was satisfied, by some objective tests; that a mentally disabled person coming from a criminal class was mentally fit enough to understand the implications of the warnings and to make a fatal statement. ..... in kuthu goala 1981 cri lj 424 (supra), warnings set forth in section 164 of the code are merely illustrative and not exhaustive, and the magistrate recording confession must make inquisitorial enquiry and make adequate exercise to ascertain the impelling reason of the prisoner ..... the facts of the case giving rise to these appeals may be stated as follows:abhiram bargayari, deceased, of village singimari within gossaigaon police station, left his house on 10-8-71 at about 1/l1/2 o'clock at noon for garuphela ..... section 164 of the code is a part of the police investigation and falls in chapter xii of the code. .....

Zarzoliana and ors. Vs. Government of Mizoram and ors.

Court : Guwahati

..... the government ought to comply with the spirit of the code of criminal procedure or to apply the provisions of sections 167 and 437 as well as sections 209, 303, 304 and ..... contention of the learned counsel that the letter of the provisions of the criminal procedure code as contained in sections 167 and 437 cannot be applied in mizoram, is ..... alone, distinguishing features of one case tormented the judicial mind that innumerable prisoners in the country belonging to the lower, illiterate bracket were suffering deprivation of liberty by unreasonableness, arbitrariness and unfair procedure inside the 'stone walls' and behind the 'iron bars', in complete disregard of the norms of justice, guaranteed by and under article 21 buttressed by article 19(1) (d) read with sub-article (5). ..... it is a constitutional obligation, as the wholesome provisions under section 167(2) provisos are fair and just procedure contemplated under article 21;(f) in default of compliance with the constitutional obligations by the states and the magistrate, the trials might run the risk of being ..... of law of universal application, which is in consonance with justice, equity and good conscience, lurk in the code, the courts should apply the said immemorial principle which govern civil litigation and are of universal application.11. ..... ingredients are: (1) natural justice, (2) right of appeal, where criminal conviction is likely to deprive liberty, subject to ..... in mizoram, barring chapters viii, x and ..... people', may 1973 p. .....