Court : Supreme Court of India
..... section 374 of the code of criminal procedure, 1973 (for short "the code") deals with appeals from ..... right of appeal, thus, can neither be interfered with or impaired, nor can it be subjected to any condition.xxx xxx xxx xxxthe right to appeal from a judgment of conviction vis--vis the provisions of section 357 of the code of criminal procedure and other provisions thereof, as mentioned hereinbefore, must be considered having regard to the fundamental right of an accused enshrined under article 21 of the constitution of india as also the international covenants operating in the ..... section 382 of the code deals with petition of appeal ..... the state of uttar pradesh [air 1979 sc 745] and thereafter opined that even if the high court chooses to dismiss the appeal summarily, some brief reasons should be given so as to enable this court to judge whether or not the case requires any further ..... to reproduce what the learned single judge has recorded about the submission of the learned counsel for the accused-appellants: -"learned counsel appearing for the appellants submits that he is not pressing this appeal as far as it relates to conviction part of the impugned judgment and would confine his argument to the sentence part thereof only. ..... chandrika [(1999) 8 scc 638], the high court in an appeal accepted the plea bargain and maintained the conviction of the respondent under section 304 part 1 of i.p.c but altered the sentence to the period of imprisonment already undergone and to pay a fine .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2007CriLJ4293; JT2007(9)SC644; 2007(II)OLR(SC)674a; 2007(9)SCALE346
..... in this appeal is to the order passed by a learned single judge of the calcutta high court allowing the application under section 401 read with section 402 of the code of criminal procedure, 1973 (in short the 'code'). 3 ..... had styled the petition as one under section 401 read with section 402 of the code, the high court erroneously treated it to be a petition under section 482 of the code. ..... high court the revision petition was treated to be one under section 482 of the code, though styled as one under section 401 read with section 402 of the code. ..... therefore, without expressing any opinion on the merits of the case and maintainability of the petition before the high court, we set aside the impugned order and remit the matter to the high court for fresh disposal in accordance with law ..... clear from the cause title that the case was registered to be one under the criminal revisional jurisdiction and in view of the bar contained in the code second revision was not maintainable. ..... main grievance in support of the petition is that the appellants were not granted opportunity of being heard before the petition was allowed by the learned judge. ..... the high court allowed the petition and directed the magistrate to issue process against the ..... a complaint alleging commission of offences punishable under sections 323, 342, 382, 386 read with section 120b of the indian penal code, 1860 (in short the 'ipc'). ..... initially in the present petition the appellants were impleaded as parties but at the request of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 104(2007)CLT488(SC); 2007CriLJ3181; (2008)1GLR1(SC); RLW2007(4)SC3074; 2007(7)SCALE241; (2007)5SCC786
..... a complaint petition was filed by the appellant company before the chief metropolitan magistrate, kolkata purported to be under section 156(3) of the code of criminal procedure, 1973 on or about 15.10.2004 inter alia alleging that a criminal conspiracy was entered into by and between accused no. ..... sub-section (4) of section 181 was introduced in the code of criminal procedure in 1973 as there existed conflict in the decisions of various high courts as regards commission of offence of criminal misappropriation and criminal breach of trust and with that end in view, it was provided that such an offence may be inquired into or tried by the court within whose jurisdiction the accused was bound by law or by contract to render accounts or return ..... sunil kumar, learned senior counsel appearing on behalf of the appellant in support of this appeal urged:i) the high court committed a manifest error in passing the impugned judgment insofar as it failed to take into consideration the effect and purport of sub-section (4) of section 181 of the code of criminal procedure which categorically provides that a court within whose local jurisdiction the property was to be accounted for by the accused persons will also have jurisdiction to try the case which was introduced ..... we, therefore, are of the opinion that interest of justice would be subserved if this appeal is disposed of with the following directions. ..... this appeal is disposed of with the aforementioned directions. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1962SC574; [1962]2SCR265
..... reason given in support of this view appears to be that the magistrate before whom an application under the said section is made is appointed under the code of criminal procedure, and so he is a criminal court although he is not dealing with crime. ..... against this order that the appellant has come to this court by special leave; and the short question which the appeal raised for our decision is whether the magistrate who entertained the application made before him by respondent 2 under s ..... under the said section a magistrate is empowered to hear an appeal specified in the said section; and it was held that in hearing the said appeals the magistrate is merely an appellate authority having jurisdiction to deal with questions ..... our opinion, there can be no doubt that reading sections 222, 93 and 226 together the conclusion is inescapable that an appeal lies under s. ..... 222 is subject to appeal, and an appeal has been instituted against it, all proceedings to enforce such order shall be suspended pending the decision of the appeal, and if such order is set aside on appeal, disobedience thereto shall not be deemed to ..... section 93(1) lays down, inter alia, that an appeal against the assessment or levy of any tax under this regulation shall lie to the deputy commissioner or to such officer as may be empowered by the state government ..... section 93 provides for appeals ..... no doubt by fiction deemed to be a tax but against an amount thus deemed to be a tax an appeal would not be competent under s. 93(1). .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2005SC2410; 2005(2)ALD(Cri)370; 2005(2)BLJR1296; 2005CriLJ2615; II(2005)DMC1SC; JT2005(5)SC347; 2005(4)KarLJ208; (2005)4SCC468
..... brief facts giving rise to this appeal are that the appellant, shantha @ ushadevi and kusuma, a minor represented by her mother-guardian filed a petition under section 125 of the code of criminal procedure being criminal petition no.2 of 1991 before the trial court against ..... the appellant filed criminal miscellaneous petition no.47 of 1993 under section 125(3) of the code of criminal procedure claiming an amount of rs.5,365/- as arrear maintenance calculated from ..... petition no.47 of 1993 claiming maintenance of rs.46, 000/- was objected by the respondent contending that the appellant cannot claim arrears of maintenance beyond a period of one year under first proviso to section 125(3) of the code of criminal procedure ..... before the learned single judge of the high court that under proviso to sub-section (3) of section 125 of the code of criminal procedure no warrant can be issued to levy the amount due beyond a period of one ..... 1998 was barred by limitation and therefore, reversed the judgment of the learned sessions judge who had opined that there was no need for the appellants to file i.a.1 during the pendency of the criminal miscellaneous petition no.47 of 1993 as the appellants were entitled to the arrears of maintenance right from the date the magistrate passed the order.4. ..... respondent took up the matter before the high court of karnataka at bangalore by filing a criminal revision petition being cr.r.p.no.2297 of 1997 against the order passed by the sessions judge, tumkur on june .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC1851; 2004(2)ALD(Cri)258; (2004)3CALLT55(SC); [2004(4)JCR137(SC)]; JT2004(5)SC157; 2004(1)SCALE641; (2004)4SCC129
..... - notwithstanding anything to the contrary contained in this act or in the code of criminal procedure, 1973 (2 of 1974) or in any other law for the time being in force, the officer authorized under section 59-a or the forest officer specially empowered under section 59-c or the district judge to whom an appeal may be preferred under section 59-d shall have and any other officer or forest officer or court, tribunal or authority shall not have jurisdiction to make orders with regard to the custody, possession, delivery, disposal or ..... applicability of section 482 of the code of criminal procedure, 1973 for quashing a proceeding for confiscation of ..... evident that power under section 482 of the code can be exercised by the high court in relation to a matter pending before a court; which in the context of code of criminal procedure would mean 'a criminal court' or whence a power is exercised by the court under the code of criminal procedure. ..... our aforementioned discussion is that once a confiscation proceeding is initiated the jurisdiction of the criminal court in terms of section 59-g of the act being barred, the high court also cannot exercise its jurisdiction under section 482 of the code of criminal procedure for interim release of the property. ..... a writ petition was filed by the respondent herein under article 226 of the constitution of india before the high court of calcutta which was disposed of on or about 15.09.1995 by it directing the divisional forest officer to complete .....
Tag this Judgment!Court : Supreme Court of India
..... the code of criminal procedure of 1973 which incorporated the changes proposed in the said bill of 1970 states in its objects and reasons that section 357 was ".intended to provide relief to the proper sections of the community". ..... capacity of the accused to pay which constitutes an important aspect of any order under section 357 code of criminal procedure would involve a certain enquiry albeit summary unless of course the facts as emerging in the course of the trial are so clear that the court considers it unnecessary to do so. ..... we had asked learned counsel for the parties to make their submissions as to applicability of section 357a of the code of criminal procedure providing for compensation by the state to the victims of the crime and also requested shri l. ..... on the basis of the recommendations made by the law commission in the above report, the government of india introduced the code of criminal procedure bill, 1970, which aimed at revising section 545 and introducing it in the form of section 357 as it reads today. ..... the law commission of india in its 41st report submitted in 1969 discussed section 545 of the code of criminal procedure of 1898 extensively and stated as follows: ".46.12.. ..... in fact even without such petition, the high court ought to have awarded compensation. ..... reportable in the supreme court of india criminal appellate jurisdiction criminal appeal no.420 of2012suresh & anr. ..... .....
Tag this Judgment!Court : Supreme Court of India
..... the code of criminal procedure of 1973 which incorporated the changes proposed in the said bill of 1970 states in its objects and reasons that section 357 was ".intended to provide relief to the proper sections of the community". ..... capacity of the accused to pay which constitutes an important aspect of any order under section 357 code of criminal procedure would involve a certain enquiry albeit summary unless of course the facts as emerging in the course of the trial are so clear that the court considers it unnecessary to do so. ..... we had asked learned counsel for the parties to make their submissions as to applicability of section 357a of the code of criminal procedure providing for compensation by the state to the victims of the crime and also requested shri l. ..... on the basis of the recommendations made by the law commission in the above report, the government of india introduced the code of criminal procedure bill, 1970, which aimed at revising section 545 and introducing it in the form of section 357 as it reads today. ..... the law commission of india in its 41st report submitted in 1969 discussed section 545 of the code of criminal procedure of 1898 extensively and stated as follows: ".46.12.. ..... in fact even without such petition, the high court ought to have awarded compensation. ..... reportable in the supreme court of india criminal appellate jurisdiction criminal appeal no.420 of2012suresh & anr. ..... .....
Tag this Judgment!Court : Supreme Court of India
..... writ petition, as filed under article 32 of the constitution of india read with section 406 of the code of criminal procedure, 1973 is not maintainable, inasmuch as there is no infringement of fundamental rights of the petitioner-state of uttar pradesh and further, the writ petition is also not maintainable under section 406 ..... the relevant portion of the said judgment, reads as under: the code of criminal procedure clothes this court with power under section 406 to transfer a case or appeal from one high court or a court subordinate to one high court to another high court or to a ..... in the aforesaid judgment, this court has held that the code of criminal procedure clothes this court with power under section 406 of the code of criminal procedure to transfer a case or appeal from one high court or a court subordinate to one high court to another high court or to a ..... made to appear to the supreme court that an order under this section is expedient for the ends of justice, it may direct that any particular case or appeal be transferred from one high court to another high court or from a criminal court subordinate to one high court to another criminal court of equal or superior jurisdiction subordinate to another high court. ..... that power is conferred on this court to transfer of cases and appeals on the application filed by the attorney-general of india or by ..... is conferred on this court to transfer cases and appeals, only in the event of an application by the attorney-general of india or by .....
Tag this Judgment!Court : Supreme Court of India
..... . whether a criminal court takes cognizance of an offence or sends a complaint for investigation under sub-section (3) of section 156 of the code of criminal procedure, 1973 does not make difference so far as the nature of ..... the contention that solely because a writ petition is filed to quash an investigation, it would have room for intra-court appeal and if a petition is filed under inherent jurisdiction under section 482 crpc, there would be no space for an intra-court appeal, would create an anomalous, unacceptable and ..... causes (enhancement of pecuniary jurisdiction and amendment) act, 1986 (maharashtra act 15 of 1987) (for short the 1987 act ), maharashtra high court (hearing of writ petitions by division bench and abolition of letters patent appeals) act, 1986 (maharashtra act 17 of 1986) (for short the 1986 act ) and madhya pradesh uchcha nyayalaya (letters patent appeals samapti) adhiniyam, 1981 (for short the adhiniyam ) by which state legislatures had abolished the intra- ..... . jha (supra) and ramesh chandra sankla (supra) and opined that maintainability of a letters patent appeal would depend upon the pleadings in the writ petition, the nature and character of the order passed by the learned single judge, the type of directions issued regard being had to the jurisdictional perspectives in ..... thus no doubt that the learned single judge, in dealing with the writ petitions was exercising criminal jurisdiction and these letters patent appeals are not maintainable. 61 .....
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