1. Rana Kapoor VS Directorate Of Enforcement - 25 Nov 22
As per section 45 PMLA would be applicable, had applicant filed an application either under section 439 of Code after arrest during investigation.
, 167(2), 440, 439, 438 - Prevention of Money Laundering Act, 2002 - Section 44, 45, 3, 4 - Companies Act, 2013 – Section 212(6), ... – First Information Report - Forgery for purpose of cheating - Amount of bond and reduction -Punishment for criminal breach of trust ... Indian Penal Code, 1860 - Section 120B, 406, 420, 468, 471 –Criminal Procedure Code 1973 - Section 88, 436A ... Even here the court will have to consider the satisfaction under Section 440 of the Code. ... It is alleged that above persons having committed criminal breach of trust, cheating, criminal conspiracy and forgery for diversion ... The applicant shall not indulge in any criminal activity; iv.
India - Delhi
2. Sumit Kumar VS State of Bihar - 05 Feb 21
(1) Any order relating to a juvenile passed by any court shall have no effect in eyes of law if the same be passed in non-conformity with provisions of Juvenile Justice Act, 2015. (2) In addition to powers conferred under Article 227 of Constitution of India to this Court, Section 482 of Code of Criminal Procedure, preserves inherent power of High Court which can be exercised ex-debito Justitiae, i.e., for doing real and substantial justice. (3) Self-restraint can be lifted for suo-motu exercise of inherent jurisdiction contemplated under Section 482 of Cr. P.C. as to secure ends of justice by giving effect to provisions of POCSO Act and Juvenile Justice Act.
also courts of justice and possess inherent powers to undo injustice – Saving of High Court’s inherent powers, both in civil and criminal ... Section 482 of Cr. ... Sexual Offences Act, 2012 – Section 34 – Indian Penal Code, 1860 – Section 376 – Criminal Procedure Code, 1973 – Sections 439 and ... Act, 2015, reads as under: “Section 9-Procedure to be followed by a Magistrate who has not been empowered under this Act- (1) ... P.C. by the High Court while exercising its criminal appellate jurisdiction, held as under: “27. ... (iv) posed at the very outset is rendered in the negative and it is held that the judicial orders of a criminal court stricto sensu
India - Crimes
3. Ram Chandra VS State of M. P. - 26 Jun 93
On behalf of the applicants the conviction of the applicants under section
India - Madhya Pradesh
4. SUMIT KUMAR VS State of Bihar - 05 Feb 21
“Section 9-Procedure to be followed by a Magistrate who has not been empowered under this Act ... The same is quoted hereunder: “Section 34-Procedure in case of commission
India - Patna
5. Guddu Kumar Singh, natural guardian father of the petitioner Sri Rajesh Singh VS State of Jharkhand - 12 May 21
Special powers of High Court or Court of Session regarding bail - Bail Application under Section 439 of Cr.P.C for juvenile or remedy under Section 101 of Act, 2015 - Power to grant bail to any person, who has not completed age of 18 years irrespective of nature of offence being ‘bailable’ or ‘non-bailable’ or specified in any of three categories of Act, as ‘petty offences’, ‘serious offences’ and ‘heinous offences’.
12 and appeal under subsection (5) of Section 101 of Act, 2015 - The phrase ‘...in accordance with procedure specified in Code of ... Criminal Procedure’ does not mean applicability of Code of Criminal Procedure rather it only means procedure, not substantive Section ... 439 and 440 of Code of Criminal Procedure and provision as contained in Section 101 of the Act, 2015 will not be applicable - Challenging ... So, this criminal appeal is not maintainable in the present form.” ... 439 and 440 of the Code of Criminal Procedure and provision as contained in Section 101 of the Juvenile Justice (Care and Protection ... Therefore, the bail application filed under Section 439 and 440 of the Code of Criminal Procedure
India - Jharkhand
6. PARADESI PATRA VS STATE OF ORISSA - 10 May 93
Criminal Procedure Code, 1973 - Section 439(1), 440(2) & 445 - Bail order with cash security ... oppressive and virtually amounting to denial of bail Merely because the petitioners are alleged to have been involved in other criminal ... 1) (b) read with section 440 (2) Cr. ... 439 (1) (b) read with section) 1. 440 (2), Cr. ... Procedure there is no doubt that cash deposit in lieu of execution of bond by the accused is an alternative system grating bail
India - Orissa
7. Valson VS State of Kerala - 28 Mar 84
Where from facts and circumstances of a case bail jumping see one unlikely by an accused who is released on personal bond it would be arbitrary to insist on sureties. Even where sureties are insisted upon, ordinarily, due weight, must be given to the affidavits produced by the sureties and insistence on an enquiry or solvency certificate should be the exception rather than the rule.
Criminal Procedure Code 1973, Sections 436 and 440-Motor Vehicles Act 1939-Section 86(1)-Petitioner charged for offence under Section ... N@. 1403/83 on the file of the Judicial Magistrate of the Second Class, Triehur, was charged with an offence under Section 86(1) ... Ordinarily it must be possible for the criminal court to act on the affidavit produced by the surety. ... Union of India2, the Supreme Court emphasised that any procedure, in order to be compatible with Article 21 of the Constitution must
India - Crimes
8. Mirapa Suguna VS State Of A. P. - 22 Jul 99
( 1 ) THIS Criminal
India - Andhra
9. Md. Sharfuddin Khan @ Safdar Ashraf VS State of Bihar - 25 Aug 87
Mere non-filing of charge-sheet within prescribed time u/s. 167 is sufficient for claim of right of accused to be released on bail.
Criminal Procedure Code, 1973 - Section 167(2), proviso (a)(i) and 439, 440 - Application u/ss. 439-440 for release of petitioner ... on Bail under proviso (a)(i) of section 167(2) after expiry of 90 days - Charge sheet filed after application - Whether non-filing ... Procedure when investigation ... -This application under sections 439 and 440 of the Code of Criminal Procedure, 1973 (hereinafter to be referred as 'the Code') has ... Case No. 84, 86 under Sections 302, 307 and some other Sections of the Indian Penal Code and under Section 27 of the Arms Act and
India - Crimes
10. Kanchan Devi VS Promod Kumar Mittal - 03 Apr 96
Where marriage was found to have broken down irretrievably the Supreme Court in exercise of powers under Article 142 of the Constitution granted decree of divorce.
No payment in the case under Section ... Thereafter the respondent husband neglected and refused to maintain her which compelled her to file an application for maintenance under Section
India - Crimes