Judgment Search Results Home > Cases Phrase: code of criminal procedure 1973 section 454 appeal against orders under section 452 or section 453 Page 1 of about 3,409 results (0.353 seconds)

Baburao R. Maskar Vs. Kisansingh Durgasingh and anr.

Court : Mumbai

Reported in : 1986(2)BomCR482; 1986MhLJ391

..... manjula rao, on the other hand, contends that in the act there is no provision for passing an order by the juvenile court regarding disposal of property on conclusion of trial and, therefore, the provisions of section 452 criminal procedure code would apply and as per the provisions of section 454 criminal procedure code the appeal against such order would lie to the chief metropolitan magistrate to whom the appeals ordinarily lie against the orders of the metropolitan magistrate presiding over the juvenile court under section 94(2)(a) of the act. ..... the provisions of sections 419 to 431 (both inclusive) of the code of criminal procedure, 1898, shall mutatis mutandis apply to appeals against final order as if the said orders were the orders of conviction and sentence passed by the criminal court. ..... section 454 of the code of criminal procedure, 1973, reads thus :--'454. ..... it is a special act for dealing with the juvenile offenders and other matters concerning a child, and as the act makes provisions for appeals against the final orders passed under it, the general provisions of the code of criminal procedure, 1973, regarding appeals against the orders passed by the criminal courts cannot be resorted to. ..... (1) any person aggrieved by an order made by a court under section 452 or section 453, may appeal against it to the court to which appeals ordinarily lie from convictions by the former court. .....

Bhikaji S/O. Tukaram Darade Vs. the State of Maharashtra and ors.

Court : Mumbai

Reported in : 1994(2)BomCR518

..... the appellate or revisional court wants to vary the order of disposal of the property passed under section 453 or 454 of the code of criminal procedure, 1973, it can do so after hearing all the parties affected by the proposed order. ..... , learned advocate appearing for respondents 2 and 3, submitted that the powers vested in the court of appeal under the code of criminal procedure, 1973 includes power to vary any order passed by the trial magistrate while dealing the criminal case.3. ..... section 454 provides the remedy of an appeal if a person is aggrieved by an order made by the court under section 452 or 453 about the disposal of the ..... to shri mundhe, a remedy of challenging the conviction in appeal and the remedy to challenge an order passed under section 452 or 453 cr. p.c. ..... , the reconsideration of the decision of the claim in respect of the property by the criminal court under section 452 or 453 cr. p.c. ..... remedy being of a wider scope, excludes the reconsideration of the disposal of the property by the appellate court hearing appeal against conviction or acquittal, as the case may be, in the absence of any appeal under section 454 by the aggrieved person. ..... whole scheme as laid down under sections 452, 453 and 454, if read together, would give a clear understanding that the claim to the property advanced in a criminal case can be decided by the trial judge, appellate court or the revisional court and also in an appeal provided under section 454. ..... sub-section (2) of section 452 cr. .....

Fakirbhai Chhaganlal Vs. Ranjit Ratilal and anr.

Court : Gujarat

Reported in : 1982CriLJ2261; (1982)2GLR718

..... order to consider the maintainability or otherwise of the revision petition, it seems, the learned sessions judge merely considered that the revision application would not be maintainable since appeal would lie under section 454 of the code of criminal procedure, 1973 (hereinafter referred to as 'the code') and, therefore, he concluded that as under the provisions of sections 399 and 401(4) of the code where an appeal lies, and no appeal is brought, no proceeding by way of revision would be entertained at the instance of a party who could have appealed.6. ..... any person aggrieved by an order made by a court under section 452 or section 453, may appeal against it to the court to which appeals ordinarily lie from convictions by ..... order of restoration of possession), the provisions of section 454 of the code shall apply in relation thereto as they apply in relation to an order under section 453 ..... order has been made under sub-section (1), the provisions of section 454 shall apply in relation thereto as they apply in relation to an order under section 453 ..... under sub-section (1) of section 454 of the code, an appeal is provided against the orders under section 452 or section 453 of the code ..... judge also in the initial introduction of facts has specifically observed that the revision application is directed against the conviction of fakirbhai chhaganlal bhagat (original accused) under section 341 of the indian penal code and the order of restoration of possession under section 456 of the code. .....

S. Kapur Vs. Bhalchandra G. Naik and ors.

Court : Mumbai

Reported in : 1986(2)BomCR624

..... and by re-opening the matter the magistrate reviews his own order which power is totally absent under the code of criminal procedure. mr. ..... section 454 clearly says that any aggrieved person may appeal against any order made under sections 452 and 453 to the court to which appeals ordinarily lie from conviction. ..... by this petition under article 227 of the constitution of india and under section 482 of criminal procedure code the applicant seeks to get the order made by judicial magistrate first class, mapusa, dated 15th january, 1985 granting possession of a motor vehicle bearing no. ..... on the scope of section 523(2) of the old code of criminal procedure the learned judges held that there is no power under that section for passing an interim order. ..... section 457 speaks of seizure of property by the police and reported to a magistrate and such property is not produced before any criminal court during an inquiry of trial, the magistrate may make such order as he thinks fit respecting the disposal of that property or delivery of such property to a person entitled thereof.10 ..... any person aggrieved by an order of an inferior criminal court is given the option to approach either the sessions court or the high court and once he exercises the option he is precluded from invoking the revisional jurisdiction of other authority ..... disclosed an offence under section 379 of indian penal code. ..... no appeal would lie and only a revision would lie, therefore, for all practical purposes the criminal appeal no. .....

K C Mahesh Kumar Vs. State by Cbi Acb

Court : Karnataka

..... prasanna kumar, special public prosecutor ) ***** this criminal appeal filed under section 374(2) of the code of criminal procedure, 1973, by the advocate for the appellant /accused no.2 praying to set aside the order dated 12.10.2010 passed by the xxxii additional city civil and sessions judge and special judge for cbi cases, bangalore in spl.c.c.no.76/2006 convicting the appellant/accused for the offence punishable under section 120(b) read with 467, 468, 471 and 420 of ipc and under section 13(1)(d) read with 13(2) of prevention of corruption ..... sanctioning authority who had granted prior sanction for prosecution of the appellant was examined as pw.9 and in his evidence, he has candidly stated that on going through the documents supplied by the central bureau of investigation (cbi), in order to consider the grant of sanction, he was not satisfied that there were any 30 incriminating material against the said appellant and that he had also felt that it was not a fit case where sanction could be accorded. ..... 32 the learned senior advocate would submit that in the light of the above dictum of the supreme court, the sanction in the present case on hand being granted against the will of the competent authority, which is candidly admitted by the said authority, would vitiate the entire proceedings, as without a valid sanction, the case could not have been proceeded at all. .....

M/S Shanthi Fortune(india) Ltd Vs. M/S Mukka Sea Foods Industries

Court : Karnataka

..... 1.4.2013 passed dated order and and order dated 5 in crl.r.p.no.236/2014 and and order dated passed 1.4.2013 this criminal revision petition is filed under section 397 and 401 of the code of criminal procedure, 1973, praying to set aside the conviction and sentence dated 16.1.2014 passed in crl.a.no.150/2013 to 167/2013 by the court of iii additional district and sessions judge, dakshina kannada, mangalore in c.c.no.665/2009 by the jmfc (v ..... petitioners seek to raise more than one legal contention in these proceedings, a point that is taken up for consideration is, whether the trial court could have conducted a common trial in respect of 18 distinct complaints filed by the respondent against the petitioners, alleging an 20 offence punishable under section 138 of the ni act, in respect of separate cheques of varying amounts, issued by the petitioners. ..... in respect of supplies made against orders for the said goods, during the period 25.3.2008 to 23.6.2008, it is claimed that the 11 petitioners were due to pay a total amount of rs.121,81,750/- and it is admitted that a total amount of rs.30,39,100/- was paid against the said due, by way of cheques ..... 15 on such remand, the trial court had again followed the same procedure and had again convicted the petitioners, against which, criminal appeals no.150 to 167 of 2013 are said to have been filed. ..... the petitioners are said to have filed appeals in crl.appeals no.143, 144 and 146 to 161 of 2012 against the said judgments of the trial court. .....

M/s. Shanthi Fortune (India) Limited and Another Vs. M/s. Mukka Sea Fo ...

Court : Karnataka

(prayer: this criminal revision petition is filed under section 397 and 401 of the code of criminal procedure, 1973, praying to set aside the conviction and sentence dated 16.1.2014 passed in crl.a.no.150/2013 to 167/2013 by the court of iii additional district and sessions judge, dakshina kannada, mangalore and order dated 1.4.2013 passed in c.c.no.660/2009 by the ..... are said to have filed appeals in crl.appeals no.143, 144 and 146 to 161 of 2012 against the said judgments of the ..... trial court had again followed the same procedure and had again convicted the petitioners, against which, criminal appeals no. ..... than one legal contention in these proceedings, a point that is taken up for consideration is, whether the trial court could have conducted a common trial in respect of 18 distinct complaints filed by the respondent against the petitioners, alleging an offence punishable under section 138 of the ni act, in respect of separate cheques of varying amounts, issued by the petitioners. ..... , pertaining to joinder of charges are to be applied in respect of multiple complaints against the same accused, in respect of multiple cheques issued in respect of the same transaction, in favour of the complainant, which are shown to be dishonoured, the exception to the basic rule, as found under sub-section (1) of section 220 may be noticed: if, in one series of acts so connected together as to form the same transaction, more offences than one are committed by the same person, he may be charged with, .....

mr.leo Crasta Vs. State of Karnataka

Court : Karnataka

..... respondent this criminal petition is filed under section 482 of code of criminal procedure by the advocate for the petitioner praying to set aside the order dated 5 13.02.2013 issuing process to the petitioner and to quash the criminal proceedings initiated against the petitioner in c.c.no.662/2013 pending before the j.m.f.c-ii court, mangalore, d.k. ..... respondent this criminal petition is filed under section 482 of code of criminal procedure by the advocate for the petitioner praying to set aside the order dated 13.02.2013 issuing process to the petitioner and to quash the criminal proceedings initiated against the petitioner in c.c.no.664/2013 pending before the j.m.f.c-ii court, mangalore, d.k. ..... respondent this criminal petition is filed under section 482 of code of criminal procedure by the advocate for the petitioner praying to set aside the order dated 13.02.2013 issuing process to the petitioner and to quash the criminal proceedings initiated against the petitioner in c.c.no.665/2013 pending before the j.m.f.c-ii court, mangalore, d.k. ..... respondent this criminal petition is filed under section 482 of code of criminal procedure by the advocate for the petitioner praying to set aside the order dated 13.02.2013 issuing process to the petitioner and to quash the criminal proceedings initiated against the petitioner in c.c.no.666/2013 pending before the j.m.f.c-ii court, mangalore, d.k. .....

Sri D Srinivasa Rao Vs. State By Enforcement Officer

Court : Karnataka

..... pradeep, advocate) crl.r.p.no.69/2017 and connected matters 2 **** this criminal revision petition is filed under section 397 of the code of criminal procedure, 1973, praying to call for the records; set aside the judgment in criminal appeal no.67/2015 dated 29-09-2016 on the file of the ii addl. ..... letter of offer itself is of the said date, i.e.10-10-1995, whereas, the period of alleged violation attributed against the accused no.1 establishment including the petitioner herein in criminal revision petition no.69/2017, criminal revision petition no.70/2017, criminal revision petition no.76/2017, criminal revision petition no.96/2017, criminal revision petition no.97/2017, criminal revision petition no.98/2017, criminal revision petition no.105/2017, criminal revision petition no.107/2017, criminal revision petition no.110/2017 and criminal revision petition no.112/2017, are all prior to october 1995. ..... these criminal revision petitions having been heard through physical hearing/video conferencing hearing and reserved on 02-07-2021, coming on for pronouncement of orders this day, the court made the following: order the respondent state by enforcement officer, employees provident funds, shivamogga, had filed a complaint against several persons including the accused no.1 m/s. ..... the complainant state, in order to prove its case against the accused persons, got examined one sri. ..... act and ordered a sentence, which is proportionate to the gravity of the proven guilt against the accused. .....

R.Aniteen Princey Vs. 1.The Inspector of Police,

Court : Chennai

..... respondent/de-facto complainant criminal original petition filed under sections 407 and 482 of the code of criminal procedure praying to issue a direction to transfer the case in c.c.no.216 of 2014 pending before learned judicial magistrate ii, nagercoil, kanyakumari district, in crime no.148 of 2013 dated 20.04.2013 on the file of the first respondent to the learned judicial ..... respondent/de-facto complainant criminal original petition filed under section 482 of the code of criminal procedure praying to call for the records pertaining to the charge sheet in c.c.no.216 of 2014 pending before learned judicial magistrate ii, nagercoil, kanyakumari district, in crime no.148 of 2013 dated 20.04.2013 on the file of first respondent for ..... . learned counsel submitted that a non-bailable warrant stood issued against the father by learned judicial magistrate i, nagercoil, in a case arising from crime no.17 of 2007 on the file of district crime branch, nagercoil, in c.c.no.177 of 2009 on the file of learned judicial magistrate i, ..... principal bench of this court had stayed proceedings therein under orders in tr.c.m.p.no.504 of 2013 moved by the mother ..... affidavit dated 17.01.2012 was filed in court on 24.01.2012 and an order of interim stay in m.p ..... o m m o n order as the parties in all these matters, are common, they can be disposed of by a common order.2 ..... court does not see any imminent danger to their lives or property as would entitle them to an order of protection.21 ..... in passing orders in .....