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...was sent to Shri Sukhraj Bahadur on 8-2-1955 and it was published in the local official Gazette on 18-2-1955. Sub-section (2) of Section 39 of the Cr PC declares that an...1. Shri Sukhraj Bahadur, a Magistrate of 2nd class, was transferred to Ambala on 3-1-1955. On 22-1-1955 he passed an order under Section 488 of the Cr PC directing a husband to pay a sum...order under Section 488 of the Cr PC on 22-1-1955.5. For these reasons I would accept the recommendation of the learned Sessions Judge and set aside the order dated 22-1-1955.D.S.P...
...Section 3 of the Opium Act came up for consideration. For interpreting the scope of ...As regards the true scope of Section 39 Cr. P.C there is sharp...the Criminal Procedure Code. The word “specially” in Section 39 Cr. P.C means “specifically” and “generally” means to a whole class. To put it differently the State Government can confer addition...
...section 39 of Cr. P.C and therefore the said statements creates doubt in the mind. He submitted that, there is political rivalry between the applicant and the said Kunal Patil who is...A.S. Gadkari, J.:— This is an application under Section 439 of Cr. P.C. for bail in C.R. No. I-707 of 2017 dated 22.12.2017 registered with Manpada Police.... Following preventative actions/measures were initiated against the applicant by the Police.(1) Manpada Police Station Chapter Case No. 8/1999 under section 100(e(g) of Cr. P.C. on...
..., it appears that the Local Government were not acting within their powers.5. Section 39 of the Cr PC throws light on what is meant by specially empowering persons.6. It...this is permissible. The analogy of Section 39 of the Cr PC, is against the contention of the Public Prosecutor, which I shall presently notice. That section speaks of a “special...contention that the notification of the Government of Madras, dated 12th October 1880, cannot confer upon all Second Class Magistrates in the Presidency the power to try opium cases. The definition section in...
...officer taken an initial objection that the order passed by the trial Court is a final order which can be challenged only by way of a revision under Section 39 of Cr. P.C. and the present petition...investigating officer is said to have issued a notice dated 29.12.2021, under Section 102 of Cr. P.C., bearing letter No. 53/DSP-3/EOW-II/CID/2021 to the State Bank of India, Pune Branch for freezing...Special Judge for SPE and ACB Cases-cum-Additional Metropolitan Sessions Judge, Vijayawada, by way of Crl.M.P. No. 55 of 2022 under Section 451 and 457 of Cr. P.C., for de-freezing the bank account ...
...28.03.2017 (Annexure A/18 refers).
2.5 It is further contended that the applicant had filed information petition under Section 39 of Cr Pc on 25.04.2017...to another section in order to assist the Scientist in the respective laboratory as per requirement of the Institute.
4.4 It is submitted that the applicant has been...
OA/051/00477/18
Date of Order: 26/10/2018
C O R A M
HON'BLE MR. K.N. SHRIVASTAVA, ADMINISTRATIVE MEMBER HON'BLE MR. JAYESH V. BHAIRAVIA...
...First Glass by the Government Order dated 15th June 1931. Under Section 39(2) of the Cr PC, the order shall take effect from the date on which it is communicated to the person so empowered. I take it...June and judgment was delivered on 30th June. Ordinarily the appeal would lie to the District Magistrate under Section 407 of the Cr PC, but it so happened that by Government Order No. 1153 A.D of 15th...case the petitioners have a right of appeal to the District Magistrate under the provisions of Section 407 of the Cr PC.4. The order of the District Magistrate hearing date 30th Jun...
...provisions of section 39 Cr. P.C and has also drawn the attention of the Court to the provisions of section 176 of I.P.C4. A perusal ...the petitioner after some time. This offence being a serious offence of cognizable nature, it has come to the notice of the petitioner, he is definitely bound under section 39 Cr. P.C...same to the competent Magistrate or the Police officer. The extract of the aforesaid section 39(1) Cr. P.C is as below:—“39. Public to give information of...
...21.09.2016 He claims to have filed a informatory petition before the Sub Divisional Magistrate, Dhanbad being Misc. Case No. 2218/2015 under section 39 of the Cr. PC. Since his wife has not come back...that section 98 of the Cr. PC provides another remedy before the Sub Divisional Magistrate for the aggrieved to seek production of his wife/women in case of any abduction.6. We have...of abduction to approach the concerned Sub Divisional Magistrate under section 98 of the Cr. PC. We are therefore satisfied that this is not a fit case to exercise our discretion under...
...K.S.ABHIJITH, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CR. NO.39/2022 OF VINOBAN...P.S., SHIVAMOGGA FOR THE OFFENCES P/U/S 465, 467, 468, 420 R/W. SECTION 34 OF IPC,
PENDING BEFORE THE JUDICIAL MAGISTRATE FIRST CLASS III
AT SHIVAMOGGA IN CR. NO. 72... IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF MAY, 2022
BEFORE
THE HON'BLE...
....3. He relies on Section 39, clause 4 of the Cr PC which prevents the High Court from converting a ending of acquittal into one of conviction. I do not think that the passing ...as a whole, I think there is a specific finding that the accused committed the act complained of and the provisions of Section 470 of the Cr PC, have been complied with.2. He was however...Appellate Court finds a man insane, it is bound to acquit him and any order that it may pass subsequently under Section 471 of the Cr PC is not part of any sentence for the offence. It is, in my...
...for the petitioner would submit that the respondent police have registered a case in Crime Nos. 39 & 40 of 2016 under Section 107 Cr. P.C on 18.02.2016 He has further...submitted that the Revenue Divisional Officer has also initiated proceedings under Section 111 Cr. P.C3. Under such circumstances, this Writ Petition is closed with liberty to the petitioner...Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of...
...occasion to consider in that connection the use of the words “special” and “general” in Section 39 of the Cr PC. One of the two learned Judges relying upon the analogy of ...the parallel provisions of section 39(1) of the Code of Criminal Procedure as also decisions of the various High Courts, has held that the meaning of the words “specially appoint...refer to different kinds of empowerment of an official. In my opinion, however, the learned Judges of the Madras High Court, with great respect, were not correct in construing section 39 in the mode...
...custody of the complainants.3. The objection taken by Mr. Jyotirmoy Chatterji on behalf of the petitioners is in substance that the trial was bad under Section 2-39 of the Cr PC. He...Courtney-Terrell, C.J:— This is an application for the revision of an order by the Sessions Judge of Patna affirming on appeal the convictions of the ten petitioners some of whom were...charged with rioting, some of whom were charged both with rioting and with theft and one of whom was charged with theft only. The trial took place before the Sub-Divisional Magistrate of Barh. The...
...02.01.2015, petitioner submitted an application before Respondent No. 5, the SDO, Areraj for initiating a proceeding under Section 39 of the Cr. P.C, as contained in Annexure-3...03.07.2010, before Respondent No. 3, the Sub-Divisional Magistrate, Areraj for initiating a proceeding under Section 133 of the Cr. P.C, as contained in Annexure-2. On...has been made by the Private Respondent Nos. 8 and 9 on the land in question and hence recommended for initiation of proceeding under Section 107 of the Cr. P.C. with regard...
...view of the provision in Section 39 Cr. P.C to the effect that in conferring power under the Criminal Procedure Code, the State Government may by order empower persons specially by name o...Section 39 Cr. P.C, which would show that the conferring of powers under Section 39 is limited to the conferring of additional powers under ...Section 39 mentions conferring of powers under the Criminal Procedure Code and not under Section 37 Cr. P.C alone. Section 36 Cr. P.C shows that when a...
...No. CA 303 of 2004 which was referred to the concerned Police station under Section 156(3) Cr. P.C on the basis whereof Malsalami P.S Case No. 39 of 2004 came to be...The order of the court was delivered byAbhijit Sinha, J.:— Four out of the five accused of Malsalami P.S Case No. 39 of 2004 under Sections 406, 420, 120-B I.P.C and 138 ...draft dated, 12th March, 2004 and as such the Petitioner could not be made liable for an offence under Section 138 of the N.I Act and the learned Magistrate had completely ignored this aspect of the...
...trial was not appointed by name. But this argument did not have much force in view of the provision in Section,39 Cr. P. C. to the effect that in conferring power under the Criminal Proce...powers need not be done by name but in virtue of the office held by him. There is nothing in Section 39 Cr. P. C,, which would show that the conferring of powers under ...39 is limited to the conferring of additional powers under Section 37 Cr. P. C. Section 39 mentions conferring of powers under the Criminal Procedure Code and ...
...Section 39 of the Punjab Courts Act, 1918 has been substituted by the CR-2179-2000 -2- decree or order of a Civil Judge (S...of the court, to the extent of not granting interest from the date of decree till actual payment of the decreetal amount. The Punjab State Electricity Board had also challenged the award of the...Arbitrator as well as judgment and decree dated 29.11.1999 passed by the Addl. Civil Judge (Senior Division), Patiala making the award rule of the court by failing separate FAO. By an order of the even date...
...respect, I do not think that the expression is intended to carry that meaning. The words are evidently taken from sub-s. (1) of Section 39 of the Cr PC which says...Superintendent as was competent to exercise the power under Section 6 of the Act. This would be covered by the words “in virtue of their office” used in Section 89 of the Cr PC. This construction ...No. 672 in Bndhwar Peth. He obtained a special search warrant under Section 6 of the Bombay Prevention of Gambling Act, 1887, from the Deputy Superintendent of Police, Poona...