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...though in custody, the same will not be counted within the 60/90 day period. The custody on the date of remand is distinct from the arrest of an accused under Section 56 CrPC as that is considered as a...period prior to production before the Magistrate. By this logic, even if the accused is under custody it would neither be under Section 56, nor under 167(2) of the CrPC. This will lead to an apparent...: "….36. Section 57 of the CrPC mandates that the accused be produced before a Magistrate within 24 hours of arrest and under Section 167(2) the Judicial Magistrate is...

...person. Section 55A of the CrPC, inserted w.e.f. 31.12.2009, makes it the duty of the person, having the custody of the person, to take reasonable care of the health and safety. Section 56 of the CrPC...Act, 1940 (hereinafter referred to as “the Act” for short)? Whether in respect of offences falling under chapter IV of the Act, a FIR can be registered under Section 154 of the CrPC and the case...investigated or whether Section 32 of the Act supplants the procedure for investigation of offences under CrPC and the taking of cognizance of an offence under Section 190 of the CrPC? Still further, can the...

...of the health and safety of the accused. 21. Section 56 of the CrPC deals with the person arrested to be taken before Magistrate or officer in charge of the police...under Articles 226 and 227 of the Constitution of India together with Section 482 of Criminal Procedure Coder (CrPC) alleging therein that her husband was illegally taken away from his house by the...agency having powers of a police officer but not an arrest on the basis of any warrant. 18. Section 46 of CrPC deals with how arrest is made and reads thus...

...Section 259 CrPC. There was no occasion to do so because, for the reasons already explained, the complaint could not be converted into one for the offence punishable under Section 56 FERA...notice under Section 251 CrPC before the learned ACMM, the Petitioner raised the question of maintainability of the complaint. It was submitted that in terms of the judgment of the Supreme Court in...punishable only under Section 56 FERA and not Section 174 IPC. However, since in the interregnum the FERA stood repealed by FEMA and since no complaint was filed within the...

...to state that any person contravening the provisions of Sections 8 and 9 of the Act besides other provisions is also liable to be prosecuted under Section 56 of the Act without prejudice to any award...Directorate on the same allegation which was the subject-matter of adjudication proceedings filed a complaint against the appellant for prosecution under Section 56 of the Act before the Metropolitan Magistrate...Sections 50, 51, 56 of the Act, the plea put forth by the appellant is unsustainable.13. The submissions made necessitate examination of the scheme of the Act. Section 50 of...

..., even if the accused is under custody it would neither be under Section 56, nor under Section 167(2)CrPC. This will lead to an apparent legal vacuum. This can however be... Section 304, IPC or Part II of Section 304, IPC. 56. Merely showing or filing a reply that the investigation is in relation to Part... 543, has observed as under: "31. The scheme of the CrPC as noticed above clearly delineates that the provisions of Section 167 of the...

...under custody it would neither be under Section 56, nor under Section 167(2)CrPC. This will lead to an apparent legal vacuum. This can however be avoided if the remand period...falling under Part I of Section 304, IPC or Part II of Section 304, IPC. 56. Merely showing or filing a reply that the... delineates that the provisions of Section 167 of the CrPC give due regard to the personal liberty of a person. Without submission of chargesheet within 60 days or 90 days as may be...

...Schedule to CrPC. In the present case, the offences were non-cognizable under Section 56 of FERA, and the petitioners were being prosecuted thereunder. Section 62 of FERA had made the offences punishable...(2) of FERA, and rendered themselves liable to be prosecuted under Section 56 of the said Act.5. The Enforcement Director accordingly filed cases against the petitioners...before the Chief Judicial Magistrate, Ranchi for taking cognizance under Section 56 of FERA. The Enforcement Director however realised that many of the offenders in the FERA cases were also accused in...

...Division Bench on consideration of the provisions of Section 56 of the Banking Regulation Act, 1949 (for short “the BR Act”) came to the conclusion that “cooperative bank” falls within the meaning of Section...was inserted by Act 23 of 1965 w.e.f 1-3-1966. Section 56 of the Act provides that the provisions of this Act, as in force for the time being, shall apply to, or in relation to, banking companies...)***”The purpose and object of modifications were to regulate the functioning of the cooperative banks in the matter of their business in banking. The provisions of Section 56 itself start...

...Gujarat which is still pending consideration.5. The appellant filed an application under Section 482 CrPC, seeking quashing of ICR No. 18 of 2004 and Criminal Case No. 5 of..., Patan, is barred by the provisions of Section 300 CrPC and Section 26 of the General Clauses Act, 1897 (hereinafter called “the General Clauses Act”) as the appellant has already been dealt with/tried...of Gujarat, have vehemently opposed the appeal contending that the provisions of Section 300 CrPC i.e “doctrine of double jeopardy” are not attracted in the facts and circumstances of the case, for the...

...contention, the respondent relies on Section 56 (1) of the Companies Act, 2013 and also the Form SH-4 in the said Act, relating to transfer of securities.5. The records..., the shares would be transferred to the appellant in due course within the time permitted by law. A bare perusal of Section 56(1) of the Companies Act, 2013 indicates that a transfer of securities of a...of the NI Act ought not to have been quashed by the High Court by taking recourse to Section 482 CrPC. Though, the Court has the power to quash the criminal complaint filed under Section 138 of the NI...

...providing the protection in the nature of the proviso to Section 160 of the CrPC to a woman under Section 50 of the PMLA. W.P.(CRL) 1808/2021 & CRL.M.C. 2442/2021 Page 56 of 60 35. As...Section 160 the Code of Criminal Procedure [hereinafter referred to as CrPC]. W.P.(CRL) 1808/2021 & CRL.M.C. 2442/2021 Page 10 of 60 (c) The Ld. Sr. counsel for the Petitioners strenuously urged that...Section 160 of the CrPC in its totality falling in Chapter 12 of the CrPC would be applicable to investigations conducted under the PMLA. (d) The Ld. Sr. counsel for the Petitioners urges that by virtue of...

..., Amravati. The result of both the orders is that the Petitioner is externed for period of one year from Amravati District in exercise of the power under Section 56(1)(a)(b) of the Maharashtra Police Act... 5] A show cause notice came to be issued to the Petitioner under Section 56 of the said Act calling upon the Petitioner to show cause as to why action of ...Petitioner which are stated in the chart as under:- Sr. No. Police Station Crime No. Section Status...

...Jail where they are now lodged, and the Prison Administration resists judicial action, in intra-mural matters as forbidden ground, relying on Section 30 and 56 of Prisons Act, 1894 (the Act, hereafter...) of the Prisons Act, 1894 (the Act, for short) while Sobraj impugns the vires of Section 56. But, the Court does not “rush in” to demolish provisions where judicial endeavour, amelioratively.... The answer offered is that he is not under solitary confinement. He is under ‘statutory confinement’ under the authority of Section 30(2) of the Prisons Act read with Section 366 (2) CrPC, 1973. It...

...decidendi in these two cases, I find myself unable to agree with the view taken therein. Section 41 CrPC authorises a police officer to arrest a person in certain circumstances; Section 56 enjoins upon...1. This is an application under Section 439 CrPC, 1973, praying for enlarging the accused-applicant on bail. 2. The brief facts of the case, which are relevant for the...that as: Section 56 does not authorise detention by police for 24 hours after arrest Arrested person has to be produced before Magistrate without unnecessary delay we. Twenty four...

...delivery of judgment. Up to that stage, the prosecution can always be withdrawn subject to such limitations as are prescribed in Section 321 CrPC. … A plea made to the Public Prosecutor to withdraw the...plea of the Public Prosecutor to withdraw the prosecution, if made, is acceptable or not. … It is only Section 321 CrPC, which is applicable for withdrawing prosecution under POTA. Hence, we hold that...Prosecutor. It is equally clear that the Public Prosecutor also has not to act mechanically in the discharge of his statutory function under Section 321 CrPC on such a recommendation being made by the...

...petition under Section 482 of the Code of Criminal Procedure, 1973 (“CrPC”), the High Court set aside a revisional order dated 16-6-2011 of the Additional Sessions Judge, Morena. The Additional...Sessions Judge had confirmed an order of the Judicial Magistrate First Class (“JMFC”), Ambah dismissing an application under Section 451 CrPC seeking the release of a tractor and trolley which had been...Section 451 CrPC before the JMFC, Ambah for interim release of the seized vehicle. The Magistrate dismissed the application by an order dated 21-4-2011. A criminal revision 68 of 2011 met with the same...