Judgment Search Results Home > Cases Phrase: code of criminal procedure 1973 chapter 29 appeals Sorted by: old Court: patna Page 1 of about 71 results (0.121 seconds)

Kavita Pigments and Chemicals (Pvt.) Ltd. and ors. Vs. Allahabad Bank ...

Court : Patna

..... (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; 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 before the commencement of the family courts ..... may, of its own motion or otherwise, call for and examine the record of any proceeding in which the family court situate within the jurisdiction passed an order under chapter ix of the code of criminal procedure, 1973 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 ..... of section 397(2) of the code of criminal procedure, 1973 is set out below :-- '(2) the powers of revision conferred by sub-section (1) shall not be exercised in relation to any interlocutory order passed in any appeal inquiry, trial or other proceeding ..... similarly in section 379(2) of the code of criminal procedure, 1973 identical provision has been made to prohibit the exercise of revisional ..... appeal -- (1) save as provided in sub-section (2) and nowithstanding anything contained in the code of civil procedure, 1908 or in the code of criminal procedure, 19 73 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 .....

Kali Charan Rai and ors. Vs. State of Bihar

Court : Patna

..... in our opinion there is no merit in the aforesaid contention as is evident from the bare perusal of section 392 of the code of criminal procedure, 1973, which is as follows:392, procedure, where judges of court of appeal are equally divided. ..... due to disagreement amongst them, section 392 of the code of criminal procedure required the appeal as a whole to be laid before the third judge (v.p. ..... when the appeal as a whole is heard by the third judge, he not only has an option of delivering his opinion but, under the proviso to section 392 of the code of criminal procedure he may require the appeal to be re-heard and decided by a larger bench of judges. ..... in other words, if out of three appellants, the two judges of the division bench agree on one and disagree in respect of the other two appellants, then the 'case' that is referred to under section 429 of the criminal procedure code is the case not of the appellant on which they agree but the appellants on whom they had disagreed. ..... -when an appeal under this chapter is heard by a high court before a bench of judges and they are divided in opinion, the appeal with their opinions, shall be laid before another judge of that court, and that judge, after such hearing as he thinks fit, shall deliver his opinion, and the judgment or order shall follow that opinion:provided that if one of the judges constituting the bench, or where the appeal is laid before another judge under this .....

Sunita Kumari and Etc. Vs. Prem Kumar

Court : Patna

Reported in : AIR2009Pat183

..... (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). ..... sub-section (2) of section 19 provides that no appeal shall lie from a decree or order passed by a civil court with the consent of the parties or from an order passed tinder chapter ix of the code of criminal procedure 1973. ..... while noticing the provisions of section, 19(2) as an exception, section 19(1) begins with a non obstante clause that notwithstanding anything contained in the code of civil procedure 1908 or in the code of criminal procedure, 1973 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 law.12 ..... (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 .....

Gautam Sil Vs. Smt. Mita Sil

Court : Patna

Reported in : 1999(3)BLJR1841

..... been inserted whereby and whereunder jurisdiction has been given to the high court suo mottu or otherwise to call for and examine the record of any proceeding in which family court has passed order under chapter ix of the code of criminal procedure, 1973. ..... the revision, therefore, would lie from an order passed under chapter ix of the code of criminal procedure. ..... it may be mentioned that the sub-section (4) of section 19 which has been re-numbered as sub-section (5) states that "except as aforesaid, no appeal or revision shall lie to any court from any judgment, order or decree of a family court". ..... 25094/94 has laid down that sub-section (4) of section 19 of the family courts act expressly bars an appeal or revision except as provided by sub-section (1) of the said section which provides for an appeal against a final order only. ..... the relevant extract from the apex court's said decision is reproduced below:it is true that sub-section (4) of section 10 of the family courts act expressly bars an appeal or revision except as provided by sub-section (1). ..... sub-section (1) provides an appeal only against a final order passed by the family court. .....

Oriental Insurance Co. Ltd. and anr. Vs. Badri Gorai and ors.

Court : Patna

..... sub-rule (5) of rule 246 provides that for the purpose of adjudicating and awarding the claim, the claims tribunal shall follow the procedure of summary trial as contained in chapter xxi of the code of criminal procedure, 1973. ..... section 147(1) of the act (as amended by act 54 of 1994) lays down that in order to comply with the requirements of chapter xi (providing for insurance of motor vehicles against third-party risk), a policy of insurance must be a policy which (a) is issued by a person who is an authorised insurer; and (b) insures the person or classes of persons specified in the policy to the extent ..... rule 246 of the bihar motor vehicle rules, 1992, framed by the state government under the rule-making power conferred under the act, prescribes the procedure regarding compensation on the principle of no-fault liability. ..... the admitted facts giving rise to these appeals under section 173 of the act that md. ..... thus, in view of what i have noted above, i am constrained to find that none of these batch appeals merits consideration. ..... that order has been impugned in these appeals.3. ma no. ..... riyaz @ raju for commission of offences under sections 279, 337, 338 and 304a of the indian penal code. .....

Dehri Co-operative Development and Cane Marketing Union Vs. State of B ...

Court : Patna

..... consequently, the petitioners are liable to face proceedings under section 340 of the code of criminal procedure, 1973 as their actions affect the administration of justice.6. ..... whatever may be the ground on which the suit may have been rejected the petitioners should have filed an appeal before the district judge, rohtas (sasaram). ..... in the circumstances, this court is of the view that they have given false evidence which is an offence against public justice under chapter ix of the indian penal code, 1860. ..... appeal no. ..... on 31st january, 2002 the court had recorded that this court for its own protection must consider the matter in appeal.2. .....

State of Bihar Vs. Chini Sah

Court : Patna

..... this proposition of law has been consistently crystallised in catena of decisions of the court that, as enjoined under section 329 of the code of criminal procedure (cr.p.c. ..... 515 of 2000, preferred by the convict-'appellant raising a question of defence of insanity for an offence of matricide under section 302 of the indian penal code and also questioning the legality and validity of the order of conviction and capital sentence, as recorded against him by the learned 12th additional district & sessions judge, saran, chapra, in sessions trial no. ..... while both are induced by unsoundness of mind, the former is substantive which excludes the offender under section 84, ipc, the latter only affects the procedure and merely postpones the trial, which must be resumed when incapacity, disappears on a future date. ..... in the meantime, he was directed to be produced before the civil surgeon, chapra, for his medical examination and on receipt of report, the procedure of trial was to be adopted. ..... shall be subject to the provisions of chapter xxiii, as if it were an inquiry. ..... additional evidence taken by the court of sessions shall be certified by the court to this court so that this court shall thereupon proceed to dispose of the appeal. ..... appeal no. .....

Manoj Kumar Gautam @ Manoj Singh and ors. Vs. State of Bihar

Court : Patna

..... state of gujarat (1994) 4 scc 353, it has been observed by their lordshipssection 354(3) of the code of criminal procedure, 1973 makes it obligatory in cases of conviction for offences punishable with death or with imprisonment for life to assign reason in support of the sentence awarded to the convicts and further ordains that in case the judge ..... this is a case of reference under section 366 of chapter xxvii of the code of criminal procedure for confirmation of death sentence awarded by the trial court against two of the accused persons facing trial in ..... was awarded against 2 of the accused in this case, a reference to this court has been make by the learned trial court under section 366 of the code of criminal procedure, on the other hand, being aggrieved and dissatisfied with the judgment and order of the trial court, 2 accused persons who were sentenced to death, filed criminal appeal no. ..... and one of the convicts, namely, nageshwar singh separately filed an appeal which has been registered as criminal appeal no. ..... , namely, mithilesh sharma and surendra singh @ surendra sharma filed a separate appeal being criminal appeal no. ..... , seven of the convicts preferred appeal which was numbered as criminal appeal no. ..... the main contention of the counsel for the appellants in these appeals is that there are sufficient materials and circumstances on the record to show that the real culprits could not be seen or identified by any witness, including the informant and only innocent persons have .....

Sita Raut and ors. Vs. State of Bihar and anr.

Court : Patna

..... this is an appeal filed under section 374(2) of the code of criminal procedure, 1973 (in short the code). ..... on behalf of the appellants, it has been contended that the case is of the year 1974 prior to the coming into force of the amended code of criminal procedure (act 2 of 1974) but the trial court has not proceeded in accordance with the provisions of old code and, therefore, on this ground alone the entire proceeding is vitiated. ..... under the circumstances, the hon'ble court went to the extent of holding that even when the magistrate has used the words 'for instituting a case' he was acting under section 202 of the code of criminal procedure. ..... the hon'ble supreme court held that when on the filing of the complaint petition the magistrate applied his mind for proceeding under various provisions of chapter 16 of the code of criminal procedure (old code) he must be held to have taken the cognizance of the offence. ..... by order dated 27-3-1974 had asked the police to inquire into the matter the procedure as contained in section 156(3) of the code should have been followed and the case should have been treated to be a case instituted on police report. ..... the proviso of sub-section (2) (a) of the section 484 runs as follows:provided that every enquiry under chapter xviii of the old code which is pending at the announcement of this code shall be dealt with and disposed of in accordance with the provisions of this code. .....

Jitendra NaraIn Singh Vs. the State of Bihar and ors.

Court : Patna

..... application filed under section 482 of the code of criminal procedure, 1973 (in short 'the code') has come up for admission. ..... taken is redundant and a misnomer inasmuch as the moment the magistrate, or receipt of the protest petition on 21.11.1996 applied his mind for the purpose of proceeding under section 200 and subsequent sections of chapter xvi or section 204 of chapter xvii of the code it can be positively stated that he had applied his mind and had therefore, taken the cognizance of the offence on 21.11.1996 itself and positively before 24.2.1998, the date on which the examination of the ..... it has been clearly laid down that obviously, it is only when a magistrate applies his mind for the purpose of proceeding under section 200 and subsequent sections of chapter xvi or section 204 of chapter xvii of the code that it can be positively stated that he has applied his mind and has, therefore, taken cognizance. ..... on behalf of the petitioners it has been contended that a protest petition is some thing unknown to law and the code and the learned magistrate should not have treated it to be a complaint petition and should not have acted on it ..... word 'cognizance' has no esoteric or mystic significance in criminal law or procedure. ..... it was contended on behalf of the opposite party that the disputed question of limitation as contained in sections 468 and 473 of the code cannot be directly raised in the high court to quash a criminal proceeding by a petition under section 482 of the code. .....