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..., 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 makes it the duty of the Police...and Cosmetics 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...

...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 However, since in the interregnum the FERA stood repealed by FEMA and since no complaint was filed within the...

...provisions is also liable to be prosecuted under Section 56 of the Act without prejudice to any award of penalty by the adjudicating officer under Section 51 of the Act. However, before...proceedings filed a complaint against the appellant for prosecution under Section 56 of the Act before the Metropolitan Magistrate. After the issuance of process and exoneration in the adjudication...violate is curbed by inserting Section 56 of the Act providing for imposing appropriate punishment after due prosecution, relevant portion whereof reads as follows:“56...

..., 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...

...) and 64(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...under Section 56 of FERA, the punishment did not exceed seven years of imprisonment.10. Since we are concerned with sub-section (1) of Section 56, we may reproduce the said sub...

...before the High Court of 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...pending before the Chief Judicial Magistrate, 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...2 and Mr S. Panda, learned counsel appearing for the State of Gujarat, have vehemently opposed the appeal contending that the provisions of Section 300 CrPC i.e “doctrine of double jeopardy” are not...

...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...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 subject...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 with the usual phrase “unless the context...

...transfer is completed. In support of such 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...permitted by law. A bare perusal of Section 56(1) of the Companies Act, 2013 indicates that a transfer of securities of a company can take place only when a proper instrument of transfer is...adduce evidence, the complaint under Section 138 of the N.I. 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...

...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...

...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...respondent moved an application under 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...

...Tihar 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...impugns the vires of Section 56. But, the Court does not “rush in” to demolish provisions where judicial endeavour, amelioratively interpretational, may achieve both constitutionality and compassionate...confinement’ under the authority of Section 30(2) of the Prisons Act read with Section 366 (2) CrPC, 1973. It will be a stultification of judicial power if, under guise of using Section...

...CrPC to POTA (Repeal), 2004 — POTA, 2002 had done in a number of provisions — our analysis would have been much simpler. That said, Section 56 of POTA, 2002, whose operation is saved by Section 2(2)(a...concluded only on the 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...is for the Special Court trying the cases to decide whether the plea of the Public Prosecutor to withdraw the prosecution, if made, is acceptable or not. … It is only Section 321 CrPC, which is...

...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...

...prescribed under Section 65 of Chapter VI of the Code of Criminal Procedure, 1973 (CrPC). As the respondent could not be served, the Registry of this Court was directed to reissue summons to the respondent...available at the time when the bailiff visited the last-known address to serve the summons. Following the procedure prescribed in Section 65 CrPC, the bailiff affixed the summons on the door of the...Directorate (FERA), Bangalore filed a complaint against the respondent and two others for an offence punishable under Section 56(1)(ii) of the Foreign Exchange Regulation Act, 1973 (hereinafter referred...

.... It thereby contravened Sections 18(2) and 18(3) read with Section 68(1), punishable under Section 56(1)(ii) of FERA. On the same day i.e on 24-5-2002, after hearing the learned counsel for the...clear, however, that before it can be said that any Magistrate has taken cognizance of any offence under Section 190(1)(a) CrPC, he must not only have applied his mind to the contents of the petition...the three contingencies mentioned in the section. The first contingency evidently is in respect of non-cognizable offences as defined in CrPC on the complaint of an aggrieved person. The second is on a...

...prevail upon the provisions contained in Section 190 CrPC but would prevail over the chapter of the investigation, namely, Chapter 12 CrPC.19. The learned counsel further...provisions in the 1957 Act. The learned counsel submitted that this power of the police is equivalent to the same power/duty which arises pursuant to an order of the Magistrate under Section 156(3) CrPC...reasonable suspicion exist that he has committed a cognizable offence punishable with imprisonment for a term which made less than seven years. The relevant part of Section 41 CrPC is quoted hereinbelow...