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61. Mary Angel VS State Of T. N. - 13 May 99

The rule of prohibition by necessary implication could be applied only where a specified procedure is laid down for the performance of a duty.

-Court while exercising inherent jurisdiction under Section 482 power to pass such orders including ... ... Held : While exercising inherent jurisdiction under Section 482 ... pregnancy - Charge-sheet filed against A-1 to A-6-Case committed to Sessions Court-Application filed by accused Nos. 3 to 6 under Section ... Admittedly, in Criminal R.C. No. 442 of 1990 and Criminal R.P. ... These errors can be corrected only by resorting to the procedure prescribed by law and not otherwise. ... The Court pertinently observed "no legislative enactment dealing with procedure can provide for all cases that can possibly arise

India - Supreme Court

62. Saudan Singh VS State of Uttar Pradesh - 19 May 87

Under Criminal Procedure Code, except under section 445, which was in the alternative, there was no other prevision that any amount either of the personal bond or of the surety may be deposited in cash.

Criminal Procedure Code, 1973 - Sections 437/440/441/442/443/444/445 - Release on bail for offences under sections 302/ 307/435 I.P.C ... 165-A by the Criminal Law Amendment Act, 1952. ... Section 440 enacts that the ... Act, 1947 were inserted into the Act 2 of 1947 by the Criminal Law Amendment Act, 1958 and the Anti-Corruption Laws (Amendment)

India - Crimes

63. Jithesh S/o. Kunjikannan, Morkothe Veedu VS State Of Kerala - 12 Aug 20

The order passed under the provision do not conclude a right or title to the property, the trial Judge is not to decide intricate questions of ownership of property which is in the domain of a competent civil court-The courts have no discretion to avoid imposition of fine when it sentences an offender under Section 302 IPC-In the matter of sentence imposable also, there is a distinction between Sections 302 and 396 IPC-All the ingredients in Section 302 IPC are included in Section 396 IPC because it is trite, no two provisions exist in the Penal Code are for the same purpose.

201, 328, 465 ,471 and Section 34- Trial of a criminal case-Right or title to a property -Question as to who is the title holder ... Section 452 Cr.P.C. does not enable a criminal court to decide question regarding title to property- The courts have no discretion ... Result: Criminal revisions and appeals are disposed of ... Section 120A gives the definition of "criminal conspiracy". ... Section 452 Cr.P.C. does not enable a criminal court to decide question regarding title ... Another important aspect is that in order to prove a criminal conspiracy punishable under Section

India - Kerala

64. Zahid Hussein VS State of West Bengal - 15 Mar 01

Important pointLife convicts are not entitled to be released as a matter of right after they have undergone imprisonment for 20 years. For that a posi­tive order of release has to be passed by the Govt. after due consid­eration. The impugned order rejecting premature release of 4 life convicts under Sections 302/34 IPC is based on irrelevant reasons and is liable to be quashed and the matter is sent back again to Govt. for deciding it afresh within a period of 3 months from today i.e. 15.3.2001.

Bengal Rules for the Superintendence and Management of Jails—Rule 591(4) and 591(29)—West Bengal Correctional Services Act, 1992—Section ... 61 Explanation—Life convicts under Section 302/34 IPC—Undergoing total period of impris­onment for more than 20 years—Whether entitled ... held that the said Explanation is only for the purpose of calculation of the total ­period of imprisonment of a life convict under Section ... 401 of the Code of Criminal Procedures, 1898. (29) For the purpose of calculation of the total period of imprisonment under this section,

India - Crimes

65. George Bhaktan VS Rabindra Lele - 24 Sep 14

Perjury—Section 195 of Cr.P.C. is not a penal provision but is a part of procedural law.

of an offence in certain specified situations except upon complaint by Court—Section 195(1)(b)(ii) would be attracted only when ... of complaint—Section 195 is not a penal provision but is a part of procedural law—Provision only creates a bar against taking cognizance ... singularly addressed controversy on legal backdrop that when a document is produced in a civil proceeding, it attracts bar under Section ... 195 is not a penal provision but is a part of procedural law, namely, CrPC, which elaborately gives a procedure for trial of criminal ... 138 of the Negotiable Instruments Act, 1881 were instituted against the respondents and hence, the instant criminal proceeding, ... Dealing with the argument that there should be no conflict in the findings recorded by the civil and criminal court, the Constitution

India - Supreme Court

66. Jethmal Kapurchand Kothari VS Union of India - 19 Jul 85

(i) The doctrine of constructive res judicata, is entirely inapplicable to illegal detention and does not bar a subsequent petition for a writ of habit corpus on fresh grounds which were not taken in the earlier petition for the same relief.(ii) It is to be borne in mind that the law of preventive detention encroaches upon the liberty of a person and unless it is established that the procedure prescribed by the law is scrupulously followed, the order of detention cannot be sustained.

Earlier, the detention was challenged by the present petitioner who is the father of the detenus Criminal ... born ill mind that the law of preventive detention encroaches upon the liberty of a person and unless it is established that the procedure

India - Crimes

67. S. K. Kothari VS State of Rajasthan - 19 Dec 03

Important PointWhere allegations in FIR did not prima facie disclose criminal offence, it could be quashed in exercise of power u/s. 482 Cr.P.C.

The disciplinary authority further held that misconduct as proved, constituted a criminal ... By way of instant petition under Section

India - Crimes

68. Hiralal Somabhai Damania VS Dr. Gopal Singh - 27 Jan 88

The power of the court to examine and to adjudicate in the question of the legality of an order passed under section 3(1) of COFEPOSA which affects the liberty of a citizen, cannot be limited by the fact that the prospective detenu has not surrendered to the concerned authorities or that the Detention order was not served on him.

It declares that no person shall be deprived of his life and personal liberty except according to the procedure ... at Dubai, challenges by this Writ Petition, the Detention Order dated 14th February, 1986 issued by the first respondent under section

India - Crimes

69. A. Jayaraj VS The Commissioner Corporation of Chennai & Another - 11 Feb 06

Non-inclusion of firm or other partners as accused or irregularity in service of notice under Sec.63, Cr.P.C. is not a valid ground for quashing of criminal proceedings.

Judgment :- The learned Judicial Magistrate should not have issued the process in the above circumstances under Section

India - Madras

70. Bhoja Babu Salian VS State of Maharastra - 07 Apr 83

Where bond was for due appearance of the accused and there was a breach of the condition as accused did not appear and the Court passed some mechanical orders issuing notice to surety ultimately resulting in issuance of distress warrant, the Magistrate shall be deemed to have passed an order of forfeiture and the procedure adopted by him would be legal.

Criminal Procedure Code, 1973-Section 448-Bond for due appearance of accused-Accused absenting-No Order for forfeiture of bond passed-Notice ... In the result, the criminal revision ... order of issuing a distress warrant against him, the petitioner filed an appeal to the Court of Sessions for Greater Bombay, being Criminal ... In the instant case this procedure

India - Crimes

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