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Section 239 - Judgment Search Results

Home > Cases Phrase: section 239 Year: 1995 Page 1 of about 15,567 results (0.084 seconds)
Oct 28 1995 (HC)

The Public Prosecutor, High Court of Andhra Pradesh, Hyderabad Vs. Kun ...

Court: Andhra Pradesh

Decided on: Oct-28-1995

Reported in: 1996(1)ALD(Cri)440; 1996(1)ALT(Cri)270; 1996CriLJ1540

..... crl m p no 2101 of 1990 for discharging him under section 239 of the code of criminal procedure 1973 for short the code ..... the learned magistrate is contrary to legal requirements as contemplated under sections 239 and 240 of the code and that the magistrate is not ..... by the prosecution 7 the function of the magistrate therefore under section 239 of the code is not to marshall the evidence and judge .....

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Sep 18 1995 (HC)

Basanagouda Channabasanagouda Patil Vs. State of Karnataka

Court: Karnataka

Decided on: Sep-18-1995

Reported in: 1996CriLJ631; ILR1995KAR3124; 1995(4)KarLJ454

..... the very day the arguments were addressed on the application under section 239 cr p c pronounced the order dismissing the application 8 ..... address arguments on a simple application under section 239 cr p c 9 after the application under section 239 cr p c was dismissed the ..... the advocate for the petitioner accused filed an application under section 239 cr p c praying that the accused should be discharged .....

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Jun 26 1995 (HC)

Alim Ahuja Vs. Union of India (Uoi)

Court: Rajasthan

Decided on: Jun-26-1995

Reported in: 1996CriLJ1920; 1996WLC(Raj)UC522

..... no sufficient ground for proceeding against the accused obligation to discharge the accused under section 239 arises when the magistrate considers the charge against the accused to be groundless the ..... upon a police report are covered by section 239 and cases instituted otherwise than on police report are dealt with in section 245 the three sections contain somewhat different provisions in regard to .....

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Jul 11 1995 (HC)

Vishwanath and ors. Vs. the State

Court: Rajasthan

Decided on: Jul-11-1995

Reported in: 1996CriLJ1955; 1996WLC(Raj)UC261

..... cognizance against them it was held that the order of discharge under section 239 cr p c does not amount to acquittal as no trial ..... of an offence relating to the charge within the meaning of sections 227 239 245 and 249 the word discharge should not be given a ..... was first taken of the offence against the earlier accused this section naturally deals with a matter arising in the course of proceedings .....

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Feb 05 1995 (TRI)

Om Prakash Aggarwal Vs. Income-tax Officer

Court: Income Tax Appellate Tribunal ITAT Delhi

Decided on: Feb-05-1995

Reported in: (1995)53ITD7(Delhi)

..... has already made such a return to the assessing officer as per section 239 2 c as it existed on 1 4 1990 the claim for ..... s claim had been made under section 239 2 c of the it act 1961 if the return filed under section 139 1 was already processed then ..... assessment whichever is earlier this has been the provision of sub section 5 of section 139 of the it act 1961 in view of this specific provision .....

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Sep 22 1995 (HC)

Amrik Singh and ors. Vs. State of Punjab

Court: Punjab and Haryana

Decided on: Sep-22-1995

Reported in: 1996CriLJ1610

..... in relying upon documents other than those referred to in sections 239 and 240 criminal procedure code nor would it be justified in invoking its ..... the case of the petitioners squarely falls within the perview of section 307 of ipc and accordingly directed the charge to be ..... of the accused framing of charge in the present case under section 307 ipc cannot be termed as a jurisdictional error causing .....

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Oct 25 1995 (HC)

Krushna Chandra Mudull Vs. Brundaban Chandra Deb and anr.

Court: Orissa

Decided on: Oct-25-1995

Reported in: 1996(I)OLR38

..... not acquired any occupancy right in the land under the provision of section 239 of the orissa tenancy act in second appeal no 132 of ..... contention raised by the decree holder that the petition filed under section 47 cpc was not maintainable in view of the dismissal of ..... where the executing court can refuse to execute the decree under section 47 cpc and held that the executing court cannot go behind .....

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Feb 02 1995 (HC)

Chandrabhan Singh Sikarwar Vs. State of Madhya Pradesh and ors.

Court: Madhya Pradesh

Decided on: Feb-02-1995

Reported in: II(1995)DMC204

..... alone there is no illegality in the impugned order a perusal of sections 239 and 240 cr p c shows that the magistrate has to ..... both the accused persons facing trial could be charged under section 498a and sections 498a 34 i p c respectively and it framed charges ..... both the accused persons facing trial could be charged under section 498a and sections 498a 34 i the learned counsel for the state has .....

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Oct 13 1995 (HC)

Kamal Pushp Enterprises Vs. D.R. Construction Co.

Court: Madhya Pradesh

Decided on: Oct-13-1995

Reported in: AIR1996MP139; 1996(0)MPLJ240

..... act the law relating to partnership was governed by the provisions of sections 239 to 266 in chapter 11 of the indian contract act the ..... it can safely be said that there is no bar under section 69 3 section 69 3 is not attracted on the facts of the present ..... because without an agreement to refer the matter to arbitration that section cannot possibly be invoked since the arbitration clause is a part .....

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Sep 28 1995 (HC)

Hanumantsing Kubersing Vs. State of Madhya Pradesh and anr.

Court: Madhya Pradesh

Decided on: Sep-28-1995

Reported in: 1996(0)MPLJ389

..... in warrant cases instituted on a police report proceedings starting with section 238 including discharge or framing of charges under section 239 or section 240 amount to a trial see v c shukla v ..... executive magistrate the jurisdiction of the executive magistrate and the judicial magistrate remains concurrent therefore section 21 of the act does not offend article 50 of the constitution in any manner .....

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