Judgment Search Results Home > Cases Phrase: code of criminal procedure 1973 section 2 definitions Page 1 of about 14,142 results (0.118 seconds)

State of Gujarat Vs. Bachubhai Naginbhai Shah and ors.

Court : Gujarat

Reported in : (1996)2GLR643

..... 29 holding that the offence under section 65 of the bombay prohibition act provides punishment to the extent of three years and as per the definition of section 2(x) of the code of criminal procedure, 1973, relating to the offence punishable with imprisonment with a term exceeding two years would be a ..... on perusal of the aforesaid provisions of sections 260 and 262 of the code of criminal procedure, 1973 that the magistrate has been given discretion to try all or any of the offences set out in the said section summarily, if he thinks fit. ..... triable case, provisions of section 167(5) of the code of criminal procedure, 1973 are not applicable.17. ..... the above legal position, the offence under the bombay prohibition act prescribing sentence exceeding three months would be a warrant triable case, as per the discretion of the learned magistrate under section 260 of the code of criminal procedure, 1973. ..... under:whether the offences under the bombay prohibition act, 1949, extending imprisonment for a term of three years would be a summary triable case or warrant triable case, and what is the effect of the provisions of section 167(5) of the code of criminal procedure, 1973?3. ..... the learned sessions judge tried to distinguish this case of bandulal (supra) stating that the old code of criminal procedure was repealed and the code of criminal procedure, 1973 came into force with effect from april 4, 1974, and hence the ratio in the case of bandulal (supra) would not be applicable in the facts of .....

D. Ramamoorthi Vs. K.J. Duraisamy

Court : Chennai

Reported in : 1996(1)ALT(Cri)152; [1998]93CompCas538(Mad); 1995(1)CTC282

..... on receipt of process, the petitioner/accused resorted to the present action under section 482 of the code of criminal procedure, 1973, to quash the criminal proceedings initiated against him in the aforesaid calendar case. 3. ..... , the code of criminal procedure the answer to such a question is capable of being decided with ease and grace, by a conjoint reading of the provisions adumbrated under sections 4 and 5 of the code of criminal procedure, 1973, as well as the special provision made in the shape of section 142 of the negotiable instruments act, 1881, a special law. ..... before considering the effect of the language couched in prescribing the period of limitation for the launching of prosecution under section 138 read with section 142 of the act in the said sub-section, as extracted above, an analogous provision available in the code of criminal procedure, 1973, may be referred to, in order to understand the significance of the sanguine provisions contained in section 142(2) of the act.' 10. ..... , sections 467 to 473 of the criminal procedure code, 1973, (a) section 467 is a definition section, which prescribes that unless the context otherwise requires, 'period of limitation' means the period specified in section 468, for taking cognizance of an offence. .....

Sanjay Gajanan Chivate Vs. Dr. Ramesh Yadu Kadam and Another

Court : Mumbai

..... as far as the provisions of pcpndt act are concerned, the definition contemplated under section 2 (h) of code of criminal procedure, 1973 will have to be split up into two parts. ..... may be true in case of a document which may be admitted or denied under section 294 of code of criminal procedure, 1973, however, the same exercise cannot be undertaken in proving the statement of a witness. ..... it is apparent on the face of the record that although section 17 (c) empowers the appropriate authority to investigate the complaints, it cannot be said that appropriate authority is investigating officer as contemplated under section 2 (h) of code of criminal procedure, 1973 since appropriate authority is neither a police officer nor a person authorised by a ..... the end of the trial, accused has two options namely to offer his explanation under section 313 (1) and (2) of code of criminal procedure, 1973 and also examine witnesses in his defence. ..... in the course of recording statement under section 313 of code of criminal procedure, 1973, the court shall frame the question apprising the accused of the fact as to whether he had given a written explanation to the appropriate authority at the ..... authority may seek explanation from the accused in order to give him a fair opportunity to put up his case before initiating criminal proceedings, however, the said statement, being a statement of the accused is not confessional statement nor is it a statement under section 162 of code of criminal procedure, 1973. .....

Madhya Kshetra Vidyut Vitran Company Ltd. Vs. Kalyan Singh Chauhan and ...

Court : Madhya Pradesh

..... :- "definitions section 2 of the code of criminal procedure, 1973. ..... the generating company, as the case may be, for this purpose: provided that the court may also take cognizance of an offence punishable under this act upon a report of a police officer filed under section 173 of the code of criminal procedure, 1973: provided further that a special court constituted under section 153 shall be competent to take cognizance of an offence without the accused being committed to it for trial. ..... notwithstanding anything contained in the code of criminal procedure, 1973, an offence punishable under sections 135 to 140 or section 150 shall be cognizable and ..... (5) notwithstanding anything contained in the code of criminal procedure, 1973, every special court may take cognizance of an offence referred to in sections 135 to 139 of the act without the accused being committed ..... code, unless the context otherwise requires,- (a) xxx xxx xxx xxx (b) xxx xxx xxx xxx (c) "cognizable offence" means an offence for which, and "cognizable case" means a case in which, a police officer may, in accordance with the first schedule or under any other law for the time being in force, arrest without warrant; (10) under section 151(a) of the act is in relation to power of police to investigate alike chapter xii of the code of criminal procedure, 1973 ..... of investigation of an offence punishable of this act, the police officer shall have all the powers as provided in chapter xii of the code of criminal procedure, 1973. .....

G. Ekantappa Vs. State of Karnataka and Another

Court : Karnataka

Reported in : 1997(1)ALT(Cri)688; [1998]93CompCas826a(Kar); [1998]93CompCas933(Kar); 1997CriLJ1274; ILR1997KAR1014; 1997(2)KarLJ63

..... for section 142 of the negotiable instruments act, any magistrate could have taken cognizance of an offence under section 138 of the act within three years from the date of commission of offence either on a private complaint or on a police report or upon information received from any person in view of sections 190, 468(2)(c) and item ii of the first schedule - 'classification of offences' - to the code of criminal procedure, 1973. ..... expression 'offence' is defined under clause (n) of section 2 of the criminal procedure code, 1973, and according to the definition 'offence' means any act or omission made punishable by any law for the time being in force and includes any act in respect of which a complaint may be made under section 20 of the cattle trespass act, 1871. ..... not permit successive complaints in respect of one and the same cheque and repeated convictions for offence based on the same cheque in view of section 300 of the criminal procedure code, 1973, and article 20(2) of the constitution of india. ..... facts have been borne out from the allegations in the complaint, the court of competent jurisdiction is entitled to take cognizance of the same and the high court is not entitled to entertain an application under section 482 of the criminal procedure code, 1973. 22. ..... necessary to remember that there cannot be successive trial for the same offence and repeated convictions in view of article 20(2) of the constitution of india and section 300 of the criminal procedure code, 1973. 19. .....

Rama Beri and anr. Vs. State

Court : Delhi

Reported in : 2007(99)DRJ186

..... needless to state, a voluntary arrangement has to have definite and well-defined contours evidencing that parties have agreed to bury the hatchet on said agreed terms being complied with.16. ..... 263/04 under section 498-a/406/34 ipc ps km.pur to the petitioner.3. .....

Janabai Narayan Kale Vs. Narayan Hari Kale and ors.

Court : Mumbai

Reported in : 1990(3)BomCR223

..... once section 182(2) of the code of criminal procedure was incorporated in the code of criminal procedure, 1973, investing jurisdiction on the courts where the offender last resided with his or her spouse by the first marriage, in addition to the court within whose jurisdiction the offence was committed, would definitely give jurisdiction to the court where the offender last resided ..... section definitely become applicable by the introduction of the code of criminal procedure, 1973 ..... section 496 in concerned, the trial court definitely could not have jurisdiction as the said section is not included in section 18(2) of the code of criminal procedure ..... the learned magistrate has lost sight of the fact that section 182(2) of the code of criminal procedure provides that any offence punishable under section 494 or 495 of the indian penal code may be inquired into or tried by a court within whose local jurisdiction the offence was committed or the offender last resided with his or her spouse by the first ..... as far as the offence and under section 496 is concerned, no doubt as section 182(2) of the code criminal procedure does not provide for the offence under section 496 of the indian penal code, it can be only tried by the ..... on the contrary, it clearly appears from the wording of the said section 182(2) of the code of criminal procedure that the legislature wanted to provide that the jurisdiction should be invested with the court where the offender last resided with her of his spouse by the .....

Radha Sasidharan Vs. State of Kerala

Court : Kerala

Reported in : 2006CriLJ4702; 2007(4)KLT268

..... therefore, when she was thus made known about the ingredients of the offence punishable under section 328 in the said charge framed by the court below, it is submitted by the public prosecutor that this court can definitely invoke the provisions of sections 215 and 222 of the code of criminal procedure, 1973.23. ..... it is further submitted that even otherwise, the offence punishable under section 328, being only a minor offence, as compared to that under section 304 this court will have the power to convert the conviction to that section invoking section 222(1) and (2) of the code of criminal procedure, 1973, which reads as follows:(1) when a person is charged with ah offence consisting of several particulars, a combination of some only of which constitutes a complete minor offence, and such combination is proved, but the remaining particulars are hot ..... the offence punishable under section 420 indian penal code for cheating is not a minor offence in terms of section 222 of the code of criminal procedure, 1973 for reasons already mentioned, to find the appellant guilty under that section, instead of 419, because, the punishment provided for that offence under section 419 is imprisonment only for a term which may extend to three years while that for the offence under section 420 may extend to imprisonment for seven years. ..... therefore, this court shall invoking section 222 of the code of criminal procedure, 1973 convict the appellant on that count. .....

Vasudev Pardasani Vs. Smt. Nirmala

Court : Rajasthan

Reported in : II(1996)DMC309; 1996WLC(Raj)UC209; 1996(1)WLN661

..... this definition clearly shows that a divorce does not affect the marital status of a woman and she does not cease to be the wife of the person, she had been married to, for the purposes of chapter ix of the code of criminal procedure 1973 till she remarries after the divorce ..... the provisions contained in sections 125 to 128 of chapter ix of the code of criminal procedure, 1973 are by way of measure of social justice falling within the purview of articles 15(3) and 39 of the constitution of india enacted to protect the weaker sections like neglected wife, children and parents and they provide a secular safeguard irrespective of the personal laws of the parties ..... composite petition under section 397 of the code of criminal procedure, 1973 (for short 'the cr.p.c) is directed against the combined order dated august 8, 1995 whereby the learned judge, family court at ajmer decided non-petitioner's criminal misc. ..... the change brought about in the language of the corresponding section of 125 of the new code of criminal procedure clearly expresses the legislative intention to confer the jurisdiction of hearing the matters falling within the purview of section 125 upon the court of the district where the wife ..... explanation (b) below the proviso to sub-section (1) of section 125 defines the term 'wife' as used in chapter ix of the code of criminal procedure 1973, and says that 'wife' includes a woman who has been divorced by, or has obtained a divorce from her husband and has not remarried .....

Sanwar Mal Vs. State of Rajasthan and ors.

Court : Rajasthan

Reported in : 1984WLN183

..... the evidence adduced before it, that such manufacturer, distributor or dealer is also concerned with that offence, then, the court may, notwithstanding anything contained in sub-section (3) of section 319 of the code of criminal procedure, 1973 (2 of 1974), or in section 20 proceed against him as though a prosecution had been instituted against him under section 20.so far as the prevention of food adulteration act is concerned there is no definition of 'dealer' given in this act. ..... petitioner sanwarmal was a licence holder of khandsari sugar under the rajasthan khandsari & gur dealers licensing order, 1972 and was a dealer within the definition given under section 2(c) of the licensing order it was submitted that it was an admitted fact that the 'petitioner, sanwar mal was a licence dealer of khandsari sugar as ..... does not include an industrial undertaking which is engaged in the manufacture of production of sugar and which is registered or licensed under the industries (development and regulation) act, 1951.section 3 provided that no dealer, firm, association of persons or a cooperative society shall carry on business as a dealer except under and in accordance with the terms and conditions of licence issued in this ..... brief facts leading to this petition ate that the food inspector, sitaram sharma submitted a complaint under section 7/16 of the prevention of food adulteration act, 1954 (hereinafter referred, to as 'the act') on january (sic)0, 1980 with the allegation that the purchased .....