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...complainant - Manoj S/o Shanker Lal is directed to implead as party respondent No. 2 in this criminal misc. petition. Amended cause title has already filed, be taken on record.2. This criminal misc...Dungargarh, District Bikaner (hereinafter referred to as ‘the revisional court’), whereby the Criminal Revision Petition No. 9/2010 filed by the petitioners has been dismissed. The above mentioned...criminal revision petition has been filed by the petitioner against the order dated 11.09.2009 passed by Judicial Magistrate, Dungargarh, District Bikaner (hereinafter referred to as ‘the trial court’) in...

...20.12.2006 WHICH ARE EVIDENTLY IN UTTER CONTRAVENTION OF SECTION 155(2) OF THE CODE OF CRIMINAL PROCEDURE, 1973 AS AMENDED. THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DA...Section 155(2) of Cr.P.C. is bad-in-law. Hence, investigation, final report and the criminal proceedings are vitiated and liable to be quashed. 3. The petition is allowed...25, 25(2), 25(3), 25(6) and 114 of the Karnataka Forest Rules, 1969 (as amended) and also under...

.... Thus, the criminal petition No.3938/2017 no more survives. Petitioner to file the amended memorandum. Sd/- JUDGE SBN ...INSTRUMENTS ACT. 2 THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: ORDER Learned counsel for the petitioner...would submit that the petition may be dismissed as not pressed and files a memo to that effect and further submits that instead of filing petition under Section 482 of Code of Criminal...

...application (CRLMA No. 300/2015) is allowed. The amended criminal misc. petition is taken on record. The copy of the amended criminal misc. petition has already been served upon the learned Public...Vijay Bishnoi, J.:— The matter comes up on an application (CRLMA No. 300/2015) for seeking amendment in this criminal misc. petition.2. Learned counsel for the petitioners...has submitted that this criminal misc. petition has been filed by the petitioners with a prayer for quashing the entire criminal proceedings of Criminal Original Case No. 113/2012 pending in the Court...

...amended writ petition. Along with this criminal Misc. petition, amended writ petition was also filed by the petitioner. In the amended writ petition, it is averred that the groun...Exchange and Prevention of Smuggling Activities Act, 1974 (as amended) (hereinafter referred to as ‘the COFEPOSA Act’). The parent writ petition was filed even before the detention order was served upon...petitioner was arrested on 29-9-1989 and the grounds of detention Annexure P-4 were served upon him. Thereafter the petitioner filed criminal Misc. petition No. 455 of 1989 for placing on record the...

...criminal writ petition is taken on record. Main Case Petitioner has impugned the order dated 07.06.2017 (Annexure P-3) passed by the Senior Superintendent of Police, Shaheed Bhagat Singh Nagar, vide which...referred to the Reporter or not. 3. Whether the judgment should be reported in the digest ? KULDIP SINGH J. (ORAL) CRM-197-2017 Application is allowed as prayed for. The amended...present petition is dismissed. (KULDIP SINGH) JUDGE September 05, 2017 sarita Whether speaking / reasoned Yes Whether Reportable: No 2 of 2 ...

...covered the issue of applicability of the amended rules. Therefore, in short, the petition was required to be allowed and accordingly, it is allowed in terms of paragraph 8 (b). Rule is made absolute with ...D.H.Waghela, J.:- (1) The state has approached this court under section 397 of the code of criminal procedure for quashing the order dated 7/4/1998 below applications ex.... 5 and 8 of learned j. M. F. C. , gandhinagar in criminal case no. 1185 of 1998 whereby the respondents, original accused, were discharged by quashing the summons issued under the provisions of...

...CRM-2355-2019 Application as prayed for. Complainant is impleaded as respondent No.2 in the main petition. Amended memo of parties is taken on record. CRM-M-1170-2019 Petitioner ha...petition. Respondent No.2-complainant has also appeared through his counsel. I have heard learned counsel for the parties as well as learned State counsel and gone...stated that the parties have already filed quashing petition on the basis of compromise in which their statements have been recorded. Learned counsel for respondent No.2 also submits...

...affidavit, the same is allowed and Babita Kumari is ordered to be impleaded as respondent no. 2 in this petition. Amended memo of parties be taken on record. CRM-M-13986-2017 The present petition has been filed under ...merits in the instant petition and the same is allowed and order dated 25.04.2017 is made absolute till the presentation of challan, subject to the following terms:- (i) that the...

...THIS DAY, THE COURT MADE THE FOLLOWING: ORDER This criminal petition is filed by the petitioners under Section 438 of Cr.P.C., seeking anticipatory bail in...Gangavathi Town P.S., Crime No.197 of 2018 for the offences punishable under Sections 143, 147, 323, 355, THIS DAY, THE COURT MADE THE FOLLOWING: ORDER This criminal petition is.... Due to the apprehension of arrest by the Police, this criminal petition is filed for, seeking anticipatory bail, in the event of their arrest along with other grounds urged therein. : 3...

...to P5, wherein certain violations were noticed. Subsequently, the original petition was amended challenging the criminal proceedings initiated against the petitioner Company during the pendency of...the original petition and when the stay order passed by this Court was in force. The criminal complaints are also seen filed in respect of the very same allegations in the show cause notices...P.V Asha, J.:— The petitioner filed this original petition for a direction to the respondents to consider Exts.P6 to P10 replies submitted by it in answer to the show cause notices-Exts.P1...

....3 in this criminal misc. petition is considered and allowed. Naresh Kumar S/o Shri Pancha Ram is directed to be impleaded as party respondent No.3 in this criminal misc. petition. Amended cause t.... State of Jharkhand & Anr. reported in 2014 Cr.L.R. (SC) 1258 and judgment of this Court rendered in S.B. Criminal Misc. Petition No.2970/2014 Surajpal singh...Singh's case (supra) and in the facts and circumstances as noted above, this criminal misc. petition is allowed and the proceedings in Sessions Case No.97/2015 pending before the Court of Sessions Judge...

.... It is not in dispute that the petitioner filed Criminal Petition No.4023 of 2009 to quash the proceedings in FIR.No.178 of 2008, dt.28.10.2008, of Tuni Town P.S., as amended on.... 5. Questioning the same, petitioner filed Criminal Petition No.4023 of 2009 in this Court under Section 482 Cr.P.C. By order dt.30.09.2010 the said Criminal Petition wa...offences under Section 323, 324, 509 and 3(i)(x) of the Act; as the application of petitioner to quash the same criminal proceedings under Section 482 Cr.P.C. in Criminal Petition No...

....4. The office has raised an objection regarding the maintainability of the revision petition.5. The provision under Section 372 of Cr.P.C were amended...have been murdered by the respondents 2 to 4.3. In the trial, the respondents 2 to 4 have been acquitted. Aggrieved by the acquittal, the present revision petition has been filed...by the Code of Criminal Procedure (Amendment) Act 2008 and the victim has been conferred with a right to prefer an...

...I.C.J. AND JMFC., MYSORE IN C.C. NO.304/2012. THE PETITION COMING ON FOR ADMISSION THIS DAY THE COURT MADE THE FOLLOWING:- This criminal petition is filed under..., the criminal petition is allowed. The order dated 15.11.2014 passed in C.C. No.304/2012 is hereby hereby quashed. The learned Magistrate is directed to record the compromise and dispose of the case...appeared. Both the parties have filed compromise petition on 10.04.2012 for disposal of the case in terms of the compromise. The learned Magistrate has ordered for return of the complaint with a direction...

...P.C is competent against an order of acquittal. It seems to me that this revision petition is not maintainable. Under S. 417(3) of the amended Criminal P.C, an appeal against an order of acquittal is...petition is filed.3. I think that this revision petition can be disposed of on a point of law. The point that arises for consideration is whether a revision petition under S. 439, Criminal...1. This is a revision petition preferred by the Chairman of the Village Panchayat of Nagathihalli in Nagamangala Taluk against the judgment of the learned First Class Magistrate, Mandya...

...from 13th August 2012. This order shall remain in force till the final disposal of the application filed by the petitioners i. e. No. E-326 of 2012 as amended by the petitioners. Criminal Writ Petition...petition under Section 125 of the Criminal Procedure Code before the Family Court. While passing interim order...

...Criminal Writ Petition No. 341 of 2000. That petition was rejected by the High Court by judgment and order dated 25-5-2001 by holding that it is not a fit case where any interference is called for before...Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short “COFEPOSA”) as amended on various grounds before the High Court of Delhi by filing...

...and again was taken into custody on 5.2.1993 after the confirmation of the conviction by the Supreme Court.6. The petitioner had filed writ petition in this Court being Criminal Writ...considered to be of 14 years including remissions. It was contended on behalf of the Petitioner in that petition that the case of the Petitioner was not governed by the amended...that his case was governed by amended Section 433-A of Criminal Procedure Code, under which he had to undergo actual imprisonment of 14 years. Copy of the said communication is annexed at Exh. ‘C’ to...

...Maharashtra promulgated a notification in exercise of the powers conferred by Section 14 of the Code of Criminal Procedure, 1898 (as amended by Bombay Act 23 of 1951 in its...Government of Maharashtra or in the alternative declaring Section 14 of the Code of Criminal Procedure as amended by the Bombay Act 23 of 1951...petitioners submitted that Section 14 of the Code of Criminal Procedure as amended by the Bombay legislature by act 23 of 1951 and the notification dated December 29, 1961...

...1. The circumstances under which this revision petition filed by Gokal Chand has arisen are as follows. Gokal Chand petitioner alleged that he had lent Rs. 4,000/- to Bhagwan Das...12th of August was dismissed on 29-8-1952, After that Gokal Chand waited for more than a year and then filed the complaint out of which this revision petition has arisen on 24-10-1953, Maghi Ram was...Ambala who acquitted him by his order dated 3-4-1956. The revision petition was filed on 19-6-1936 in which it was fought that the appellate judgment of acquittal should be set aside and the order of...

....16. On 11-10-1986 the appellant filed a criminal miscellaneous petition for permission to urge certain additional grounds in support of the plea that the origination of the proceedings...the Criminal Procedure Code as ultra vires Articles 14 and 21 of the Constitution had also to be delinked by our order dated 3-2-1988 to be heard along with Special Leave Petition No. 2518 of...forum. He submitted that the order of discharge was not only challenged by a special leave petition before this Court but also that a revision application before the High Court being Criminal Revision...

...Jai Singh Sekhon, J.:— Subhash Chander Gulati, the detenu-petitioner, has filed this petition for a writ of habeas corpus under Articles 226/227 of the Constitution of...Sec. 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (as amended) (hereinafter...referred to as ‘the COFEPOSA Act’).2. The facts relevant for the disposal of this petition are that the detaining authority passed the order of detention dated August 7, 1989 under...

...this writ petition on behalf the detenu. The order of detention was passed by the Joint Secretary to Govt. of India, Ministry of Finance, Department of Revenue on 5th January, 1995, pursuant to that.../92 as amended as well as the advance license and had wilfully submitted false declaration on the export shipping bills before the customs. The submission on the part of the importers pertaining to...procedures and related customs notifications as amended from time to time. The licences were issued with Actual Users Condition. The DEEC Books of the importers were endorsed with the names of certain...

...could have appealed.”5. Prior to 1956 no appeal by the complainant lay at all in any circumstance from an order of acquittal; with effect from 1-1-1956 the law has been amended and Sec...“Of Reference and Revision.” Sec. 435 confers power upon the High Court or the Sessions Judge or the District Magistrate to call for and examine records of proceedings before inferior criminal courts...criminal court can make an application under Sec. 435, that a stranger to the proceedings cannot make any application under Sec. 435, that an application made by a stranger may, however, be treated as...

...would be different.22. According to the amended Criminal Procedure Code Section 207-A would apply to the proceedings which had been instituted on a police...of the Indian Companies Act and cognizance could not be taken by the Criminal courts and that on the facts disclosed no criminal offence had been made out and that the case was of a civil...Establishment Act, 1946 (No. XXV of 1946) as amended by the Delhi Special Police Establishment (Amendment) Act 1952 (No...

...Schools for girls: one at Adra and the other at Kharagpur. Broadly stated, the question which we have to decide in this petition under Article 32 of the Constitution is...place and Respondent 8 the third place. The meeting of the 18th was stayed by the Calcutta High Court in a writ petition (Civil Rule No. 2117W of 1968) brought by Respondent 8 for readjustment of her...the express condition that the promotion will not confer upon her any right or title to the post. 3. Respondent 8 then filed another writ petition in the Calcutta High Court (Civil Rule No...

...laid down as under:“(c) Criminal P.C (1898), S. 417(2) and (3) (as amended by Act 26 of 1955) - “Such an order of acquittal” - Sub-section (3) applies to order of acquittal passed by...(hereinafter referred to as ‘Trial Court’ for short). The respondent herein, who was the accused in the said criminal case, came to be convicted by the Trial Court for the offence under Sec. 138 of Negotiable...Instruments Act (‘N.I Act’ for short) by its judgment and order of conviction dt 6-10-2006. Aggrieved by the same the respondent accused preferred Criminal Appeal No. 111/2006 before the learned...

..., therefore, the order of acquittal should not be disturbed. Secondly, he contended that under the amended provisions of the Code of Criminal Procedure, a right to appeal has been given to a complainant...(5) is not a bar to the filing of an application of revision by a complainant. He contended that the right to appeal given in the amended Section 417 of the Code of Criminal...that the reference made to the High Court was not entertainable as the District Magistrate, Rae Bareli under the amended Criminal Procedure Code had no jurisdiction to entertain an application of...

...activities of the detenu.18. In Criminal Writ Petition No. 1190 of 1991 on the file of the High Court of Bombay14 the full text of the bail order had not been placed before the detaining...subjective satisfaction of the detaining authority. In Criminal Writ Petition No. 3 of 199215 the Bombay High Court has again followed Abdul Sattar Manik's case and the impugned order of detention was...along with a list.4. Though a number of grounds have been urged in the course of the petition, only two grounds were pressed into service on behalf of the petitioner. The first ground...

..., sub-section (1) of section 14 of the Criminal Procedure Code as amended by the Bombay Act (23 of 1951) was...filed this writ petition contending that the 2nd respondent has no jurisdiction to assess the petitioner, and that the conferment of powers of assessment on the 2nd respondent is illegal and contrary to..., proposing to determine the net turnover at Rs. 2,22,20,392 for the assessment year 1981-82. The petitioner thereupon filed this writ petition challenging the said notice issued by the 2nd respondent...

...evidence on the side of the Insurance Company. Apart from that, before filing the Claim Petition, the Claimant issued notice to the Second Respondent-employer and the Appellant-Insurance Company on...paragraph 3 of his Claim Petition as follows:“The Applicant submits that he was engaged as a mason by the first Opposite Party in his construction Company and he was paid a salary of Rs...that the Act is amended or to do away with the maximum monthly wages fixed under Section 4(1) Explanation-II of the Workmen's Compensation Act, 1923.16...

...Criminal Procedure Code as amended by this State does not empower the appointment of a Special Magistrate as has been done in the present case for two Sessions Districts. It is argued that in order that an.... The Legislature must be presumed to be aware of the general scheme of the Criminal Procedure Code when it amended the section. It must, therefore, have known that under the Central Code there were no...apply. It is also complained that though accused No. 1 pointed out to the learned Magistrate that under the provisions of ss. 190 and 204 of the Criminal Procedure Code it was his bounden duty on his...

..., 1989 passed in Criminal Writ Petition No. 2365 of 1988 quashing the detention order of Sukhjinder Singh, father of the respondent, under the National Security Act. 3. Sri Sukhjinder...Singh filed Criminal Writ Petition No. 1393 of 1988 in the High Court of Punjab and Haryana praying, inter alia, for a writ of habeas corpus; quashing of the detention order; for production of the...so as to effectively assist him in regard to presenting his case before the Advisory Board. 5. The High Court by order dated September 27, 1988 dismissed the criminal writ petition, but...

...validity of the Twenty-fourth, Twentyfifth and Twenty-ninth Amendments of the "Constitution". I may give a few facts in Writ Petition No. 135 of 1970 to show how the question arises in this petition.... Writ Petition No. 135 of 1970 was filed by the petitioner on March 21, 1970 under Article 32 of the "Constitution" for enforcement of his "fundamental" rights under Articles 25...pendency of the petition. This Court issued rule nisi on March 25, 1970. 3. During the pendency of the writ petition, the...

...LT 233 DB in which the Division Bench has held that the Andhra Pradesh Scheduled Areas Land Transfer Regulation, 1959 (1 of 1959), as amended by Regulation II of 1970 (for short “the...Government's counter-affidavit that by operation of Section 11(5) of the Mines and Minerals (Regulation and Development) Act, 1957 (for short “the Mining Act”), as amended by.... Similarly, other persons were also granted mining leases in the reserved forest area in East Godavari District. Consequently, M/s Shakti, the voluntary organisation filed the writ petition in the High...

...TRANSFER PETITION (CIVIL) NO. 313 OF 2014 TRANSFER PETITION (CIVIL) NO. 312 OF 2014 SPECIAL LEAVE PETITION (CRIMINAL) NO. 2524 OF 2014 WRIT PETITION (CIVIL) NO. 37 OF 2015 WRIT PETITION.../APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION WRIT PETITION (CIVIL) NO.494 OF 2012 JUSTICE K.S. PUTTASWAMY (RETD.) AND ANR. PETITIONERS VERSUS UNION OF INDIA AND ORS...PETITION (CIVIL) NO. 312 OF 2014 2 SPECIAL LEAVE PETITION (CRIMINAL) NO.2524 OF 2014 WRIT PETITION (CIVIL) NO.37 OF 2015 WRIT PETITION (CIVIL) NO.220 OF...

...dated July 19, 198 issued under Section 9 (1) of the Act was quashed vide order of Hon'ble Mr. Justice P.K Bahri of Delhi High Court dated February 19, 1990 in Criminal Writ Petition No. 723 of 1989...No. DNA 2616, was set aside by J.S Sekhon, J. in Criminal Writ Petition No. 3612 of 1989, decided on 21.3.199010. Besides, the petitioner is already in detention in two criminal cases...S.S Grewal, J.:— This petition under Articles 226/227 of the Constitution of India relates to quash ment of detention order dated 29.6.1989 (Annexure p/1) passed...

...amended ground (P) of the Writ Petition. The same reads thus:“(P) That, the detenu was informed in the Grounds of Detention, that he can seek assistance of any friend who is not a legal...JUDGMENT (PER A.M KHANWILKAR, J.):1. This Petition, under Article 226 of the Constitution of...advert to the continual criminal activities of the detenu necessitating issuance of detention order, with a view to prevent him from indulging into the smuggling activities in future. It is stated that...

...such a large number of persons. 15. The Governor also refused to issue an Ordinance to amend the 1986 Act, wherein Section 3 was to be amended, which would...bringing in such an Ordinance all of a sudden. 16. The State of Gujarat filed Writ Petition No. 12632 of 2011 dated 5-9-2011, in the High Court of Gujarat challenging the appointment of.... Accordingly, the matter was then referred to a third Judge, who delivered his judgment dated 18-1-2012, dismissing the said writ petition. Hence, these appeals. Rival contentions...

...Criminal SCC 269 [ 20 ] Aslam Shaikh Vs. Union of India , 1989(2) SC 34 [ 20..., J. :- Through this writ petition preferred under Article 226 of The Constitution of India, the petitioner who describes herself as wife of the detenu - Randhir Singh has impugned the order dated 16...section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities, Act 1974 (as amended) (hereinafter referred to as the COFEPOSA AC...

...of Criminal Procedure was amended in 1978 (by Act 45 of 1978) a proviso was introduced to sub-section (2) of Section 309 of the Code by which an interdict has been added...judgment the review petition is dismissed.61. However, this is without prejudice to the right of the petitioner to get the benefit under Sections 432, 433 and 433-A of the Code of Criminal Procedure...of the learned counsel for the petitioner that the accused was juvenile at the appropriate time and there was prohibition regarding the sentence to be imposed on him, the review petition Page: 726was...

....3. Admittedly, the State Government had issued the instructions on 12-12-1985 in the matter of disposal of mercy petition by a life convict after the amended provisions of...instructions issued on 12-12-1988. During the pendency of this writ petition, the petitioner had filed a mercy petition dated 22-1-1990 before the State authorities for premature release.2...14 years of actual imprisonment in view of the provisions under section 433A of the Code of Criminal Procedure...

...and jurisdiction. If the Tenth Schedule is ineffective as submitted the same needs to be amended. The Governor cannot proceed on the assumption of its ineffectiveness. 16. Attention is...to be made regarding evidence and proof of mala fides between exercise of constitutional power and statutory power is entirely misplaced. In the present writ petition what is challenged is the...easily be repealed or amended. It must, therefore, be capable of growth and development over time to meet new social, political and historical realities often unimagined by its framers. The judiciary...

...Court in the criminal appeal filed by the appellants. A writ petition before the High Court for that relief was clearly untenable in law. 14. Legal impediments in the choice of the...Petition (Crl.) D. No. 15177 of 2012 before this Court for a declaration that Section 364-A inserted in IPC by Act 42 of 1993 was ultra vires the Constitution to the extent the...to imprisonment for life was also prayed for. The writ petition was eventually withdrawn3 with liberty to the petitioners to approach the jurisdictional High Court for redress. The appellant...

...M.L. Singhal, J. - Through this criminal misc. petition filed under Section 482 of the Code of Criminal Procedure read with Articles 226/227 of the Constitution of...Indian Sher Singh-petitioner has prayed for his premature release from jail. It is alleged by him in this criminal misc. petition that he was convicted and sentenced to under go imprisonment for...actual sentence of 11 years, 2 months and has earned remissions of 4 years and 8 months. His conduct in jail has through out been good. Petition filed criminal misc. petition No. 11291-M of 1999 under...

...ORDER (i) Criminal Petition is allowed. (ii) Condition No.7 imposed under Order dated 28.11.2018 directing release of Tata Ace goods vehicle bearing KA-20/AA..., since seizure of the vehicle is prior to filing of private complaint and 3 as such amended provisions of Karnataka Minor Mineral Concession Rules...amended provision of Rules is erroneous. As condition so imposed by the learned Magistrate requires to be modified. 5. Hence the following: 4...

...instructions issued by the Haryana Government from time to time in this regard came under scrutiny of the Division Bench of this Court in the amended criminal writ petition No. 251 of 1983...way of remission in view of his good conduct in the jail. It was also stressed that provisions of Section 433-A of the Code of Criminal Procedure were not applicable to his...Section 433-A of the Code of Criminal Procedure were not applicable to the case of the petitioner. On the other hand, it was maintained that the case of a life convict whose death sentence has been...

..., however, filed the Criminal Revision Petition mentioned above, in the light of the ordinance whereby section 142 of the ni act has been amended and new Section 142 A has been incorporated in the NI...allowed.CRL.M.C No. 4239/20153. By way of this petition filed under Section 482 of the Code of Criminal Procedure, 1973, petitioner has assailed...the order dated 03.07.2015 passed by learned Additional Sessions Judge in Criminal Revision Petition No. 27/2015 filed by respondent No. 2.4. Learned counsel appearing on behalf of...

...that as such decision was not taken by the State and the Authority he was required to file Criminal Writ Petition No. 209 of 2000 in this Court for direction. It is contended that, the direction was..., the remission period cannot be considered, and he needs to be kept in jail, as per the new provision. It is contended that, he then filed Criminal Writ Petition No. 460 of 2001 to challenge the...aforesaid decision of respondent. It is contended that, this Court allowed the Writ Petition and held that, provision of section 433 of Cr.P.C, which was not amended was applicable...

...Having regard the grounds urged in the petition, notice to respondent is dispensed with. 2. Heard learned counsel for the petitioner. 3. The...amended provisions of Section 142-A w.e.f. 15.06.2015, the matter was pending before this Court. As such, the complaint filed by the petitioner has to be treated as pending. 6. The...Code of Criminal Procedure, 1973 or any judgment, decree, order or direction of any court, all cases transferred to the court having jurisdiction under sub-section (2) of section 142...

...of 2006, 1981 Act was amended. Section 2 of the Amending Act was as under: Amendment of Section 10 of the Act, 1981 (Bihar Act 33, 1982) The Words The recommendation for...Petition No.22882 of 2004 filed in this Court by Civil Appeal No of 2019 @ SLP(C)No.20 of 2018 etc. 30 State of Bihar and Ors. vs. The Bihar Secondary...Teachers Struggle Committee, Munger & Ors. the State was withdrawn. Thereafter, the State attempted to fill the vacancies in terms of 2006 Rules which led to the filing of Contempt Petition No.297...

...Argued by Mr. Vijay Rana, Advocate, for the petitioner. None for the respondent. SHEKHER DHAWAN, J. Present petition under Section 482 of the Code of Criminal...petition under Section 482 of the Code of Criminal Procedure is for setting-aside judgment dated 22.9.2014 (Annexure P/2) passed by learned Judicial Magistrate Ist Class.... State of Maharashtra and another, 2014(3) RCR (Crl.) 904. The revisional Court also dismissed the revision petition filed by the...

.... The petitioner had appeared in the said petition and had filed her objection and also subsequently amended the objection statement. 5. The Criminal case filed by the petitioner..., for declaration to declare the marriage between the petitioner and the respondent dated 26.09.2013 as nullity. The petitioner filed her objections to the petition. Subsequently, the petitioner amended...proceedings in M.C. No. 112/2017 is rejected. 2. The brief facts leading to the petition are as follows: The petitioner was married with one Pompapathy on 19.03.2008. Sister of...

...1. This petition principally challenges the vires of Rule 19(2) of the Bombay Parole and Furlough Rules, 1959 (in short, "the Rules, 1959") as amended by the...vs. State of Maharashtra and others, Criminal Writ Petition No.272/2012, decided along with other connected matters on 7th March, 2014, the question requires reconsideration for the reason...having no objection to release of the petitioner on parole. But, the provision of Rule 19(2) of the Rules 1959, as amended by the Government Notification dated 16 th April...

...may be treated as the counter affidavit filed to the amended writ petition.4. Lokesh Garg had earlier filed Writ Petition (Criminal) No. 1470/2010 at pre-detention stage. However, the...(COFEPOSA, for short).2. By the amended writ petition, the petitioner has also challenged the order dated 18 February, 2013 passed by the Central Government after considering the report...served. Thereafter, Sushma Garg, mother of Lokesh Garg, had filed Writ Petition (Criminal) No. 142/2011 before the Supreme Court, which was tagged with other writ petitions, including Writ Petition...

....3. In State of Rajasthan, the rules for release on parole were framed in the year 1958. In exercise of the powers conferred by Section 401 (6) of the Code of Criminal...Prisons Act, 1984, the Rajasthan Prisoners (Release on Parole) Rules, 1958 and the Rajasthan Prison Rules, 1948 have to be subject to the above provisions of the Code of Criminal Procedure and...(1) of the Code of Criminal Procedure:'Pending any appeal by a convicted person, the Appellate Court may, for reasons to be recorded by it in writing, order that the execution...

...Present:- Mr. Yash Pal Khullar, Advocate, for the petitioners. RAMENDRA JAIN, J. (ORAL) Through this petition under Section 482 Cr.P.C...to the submissions made by learned counsel for the petitioner, this Court finds the instant petition completely devoid of any merit for the reasons to follow. Prior to amendment...issued. Since, said ruling created chaos, therefore, the Parliament in its -3- wisdom amended Section 142 of the Act and introduced sub-section (2) to it, clarifying...

...case to issue process against the accused. Accordingly, I pass the following: O R D E R Office is hereby directed to register this case as Criminal case. Crl.P.No. 7162/17 C/w. 7163/17...appellants were outside his territorial jurisdiction. The provisions of Section 202, CRPC were amended vide the Amendment Act, 2005, making it mandatory to postpone the issue of...infraction of Section 202 Cr.P.C. calling for interference at the hands of this Court. No grounds. Criminal Petitions are rejected. SD/- JUDGE LRS. ...

...Criminal Procedure shall not apply, notwithstanding any judgment or order or direction of any Court. When there is an expressive bar to entertain the petition filed 4under Section...Heard the learned counsel for the petitioners and the learned High Court Government Pleader for the state. 2. This petition has been filed by the petitioners under...506 R/w 34 of IPC along with Section 3 (I) (r) of SC/ST (PA) Act, 1989. In this petition, the petitioners are seeking for anticipatory bail in the event of their arrest by the respondent...

...one year in the Civil Courts and not to institute a petition under section 110-A of the Act after the expiry of a period of 60 days from the date of the accident. It was also pleaded on behalf of the...under Bengal Agricultural Debtors Act was filed. That Act was amended, the result of the amendment being that...

...BY THE LEARNED PRINCIPAL SESSIONS JUDGE, MANGALORE, D.K. THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:- ORDER Heard. 2...defective, amended provisions of Rule 43(8) of MMDR Rules will not be applicable. The condition imposed by the learned Sessions Judge to furnish bank guarantee equivalent to double...the value of the vehicle is harsh. 4 5. In the circumstances, this petition merits consideration and it is accordingly allowed...

.... 6. Mr G.E Vahanvati, learned Solicitor General of India, on the other hand, would submit that the term “cause of action” applicable in relation to a suit or a writ petition before the High Court...-G, whereas Section 145 of the Finance Act, 2003 amended Section 35-H of the Act to restrict its applicability to final orders passed after 1-7-2003. Section 35-H as amended...outside the specified areas, it will be open to the litigant to frame the case appropriately to attract the jurisdiction either at Lucknow or at Allahabad. Fifth, a criminal case arises when the...

...BY THE LEARNED PRINCIPAL SESSIONS JUDGE, MANGALORE, D.K. THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:- ORDER Heard. 2..., amended provisions of Rule 43(8) of MMDR Rules will not be applicable. The condition imposed by the learned Sessions Judge to furnish bank guarantee equivalent to double...the value of the vehicle is harsh. 4 5. In the circumstances, this petition merits consideration and it is accordingly allowed...

...IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Miscellaneous Petition No. 2363 of 2015 --- Jyotish Kumar Arun son of Late P. Kumar, resident..., Dhanbad is directed to take further steps in the complaint petition in terms of Section 202 of Code of Criminal Procedure. This application stands allowed. (Rongon Mukhopadhyay, J) R. Shekhar Cp 3 ...jurisdiction and has passed an order for returning the complaint to the petitioner. The complaint petition refers to dishonour of cheques of Rs.2,48,000/- and Rs. 2,50,000/- bearing nos. 003494 and...

...) Criminal Petition is hereby allowed. 4 (ii) Condition No.(1) imposed by the learned Prl. District and Sessions Judge, Ramanagara by order dated...and Rule 43(8) of Amended KMMC Rules. A complaint came to be filed on 30.08.2018 in P.C.R.No.282/2018 before the jurisdictional Court by Mines and Geology Department. Thus, vehicle above...

...State Beverage Corporation. In the background of such factual averments it is alleged in the complaint petition that the accused persons induced the complainant to accept the promotionship of their...Section 420, I.P.C and misappropriation under Section 406, I.P.C On receipt of the complaint petition on 7-2-2007 learned S.D.J.M, Bhubaneswar posted the case to...Section 202, Cr. P.C is illegal and is liable to be quashed. Secondly, it was argued that a plain reading of the complaint petition as well as initial statement of the complainant...

...on 17.09.2018. Therefore, as on W.P.NO.54910/2018 3 the date of seizure no criminal proceedings were pending. Hence, seizure is bad in law. 3.... He further submits that learned Magistrate has rejected petitioners application seeking interim custody of the vehicle to the GPA holder. The learned Sessions Judge has allowed Criminal Revision...Petition No.137/2018 on 02.11.2018 filed by the petitioner but imposed a condition to furnish renewable Bank Guarantee equivalent to double the value of the vehicle. He argued that since seizure is prior to...

...value of the vehicle with one surety for the likesum to the satisfaction of the jurisdictional Magistrate. Accordingly, criminal petition is disposed of. Sd/- JUDGE PB ...Sri K.Prasanna Shetty, learned counsel for the petitioner. Sri Vijayakumar Majage, learned Additional SPP for the respondent-State. The petition is admitted for hearing. With the...consent of the parties, same is heard finally. In this petition under Section 482 of Cr.P.C., the petitioner inter alia assail the validity of the order dated 27.11.2018 insofar...

...Act, 1934 [RBI Act]. It may be stated here that by an order dated 11.09.2018, this Court allowed various transfer petitions and made orders in Writ Petition No. 1086 of 2018, by which it was ordered...these plants further into trouble without any hope of recovery. It is needless to mention that the petitioners representatives shall supply a copy of this order and of the writ petition with...bound resolution of stressed assets. The SARFAESI and Debt Recovery Acts have been amended to facilitate recoveries. A comprehensive approach is being adopted 32 for...

...the counter affidavit of Sri Banshi Dhar Pandey when the petitioner became aware of the fact, it was necessary for the petitioner to get the petition amended or atleast moved a supplementary...N.L Ganguly, J.:— This Habeas Corpus Petition has been filed by the petitioner with a prayer to quash the Order of detention of the petitioner passed by the District Magistrate, Kanpur...Nagar under Section 3(2) of the National Security Act. Annexure No. 1 to the Writ Petition was presented before the Court. The Division Bench granted time to the State Counsel...

...Khandelwal for the respondent no.2. ## This petition was filed by petitioner-Bhagchand Bhandari on 26.02.2015 challenging the order dated...10.12.2014 by Special Metropolitan Magistrate (N.I. Act Cases) Jaipur Metropolitan, Jaipur in criminal complaint no.178/2013 and also praying that the complaint filed by the respondent in that Court be...Negotiable Instruments Act to the effect that notwithstanding anything contained in the Code of Criminal Procedure, 1973 or any judgment, decree, order or dir...

...1. In the course of arguments addressed to me in Criminal Appeal No. 73 of 1956 the vires of Section 5(1)(c) of the Prevention of Corruption Act was challenged...public servant may be tried by an ordinary Court of a Magistrate or Sessions Judge according to the procedure laid down in the Criminal Procedure Code or his case may be entrusted to a Special Judge...Section 409, Indian Penal Code, is also the offence which is defined in Section 5(1)(c) of the Prevention of Corruption Act. Both offe-ences make criminal...

...in Criminal Petition No.8627/2016 disposed of on 5 9.12.2016 on this ground alone had quashed the proceedings registered against the petitioner therein...and prayer for quashing entire proceedings cannot be acceded to. 6 7. Hence, the following: ORDER i) Criminal Petition is...corresponding provision which is now in place of Section 3(1)(x) amended by Act No.1/2016 which was available to the prosecution, for the reasons best known has not been...

...above referred detention order by filing Criminal Writ Petition No. 1258 of 1989 which was dismissed by Mr. Justice S.D Bajaj on 2-5-1989 in view of the pendency of similar writ petition in the Delhi...the petitioner against the judgment of the Delhi High Court is pending in the Supreme Court of India. It is also admitted at the bar that a Criminal Writ Petition filed by the petitioner is also...maintained, that Criminal Writ Petition No. 222 of 1989 and Criminal Appeal No. 671 of 1989 arising out of the Special Leave Petition of Madan Lal Anand, co-detenu of the petitioner, against the...

.... Aggrieved with the same, the appellant had filed the writ petition which has been dismissed by the learned Single Judge, vide order dated 4.11.2011, taking the view that in view of the amendment in...impugned action and submitted that since the relevant Rule itself has been amended, therefore, the amended Rule which was existing on the date of consideration of the application will apply and the...appellant's case has rightly been rejected since he does not fulfill the requirement of the amended Rule. 5. Shri Girish Desai, learned amicus curiae appointed by this Court, has submitted that since the Rule...

...Madgavkar, J.:—This application raises a question of some importance under section 526 of the Code of Criminal Procedure. On September 25, 1930, a...Criminal Procedure, 1898 (V of 1898), the Governor in Council is pleased to direct that Mr. N.R Gundil, LL.B, Assistant Judge and Additional Sessions Judge, Thana, shall try the case known as...accused apply to this Court for a transfer of the case. The original application was dated February 11, and asked that the trial should take place at Thana. But the application as amended is to transfer...

...to judicial custody. The applicant then filed an appeal against the impugned order vide SB Criminal Appeal No. 182/2009 and was enlarged on bail on 23.3.2009. The applicant indicated this fact to the...w.e.f. 18.3.2009, as he stood sentenced for a term of exceeding 48 years. The case of the applicant is that as per rule 10 (6) (7) of the CCS (CCA) Rules as amended by OM...(2009) 1 SCC (L&S) 706, wherein, in paras 53 and 61, Honble the Apex Court had held as under :- 53. A question whether a petition is barred by res judicata or under Rule 4 of Order...

...& anr.]. He further submitted that in view of the amended provision under section 142a of n.i. act, the jurisdiction lies in terms of the amended provision. In the interest of...effective adjudication, the relevant Section 142A(1) is reproduced hereunder: Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) or any...judgment, decree, order or directions of any court, all cases transferred to the court having jurisdiction under sub-section (2) of section 142, as amended by the Negotiable...

...IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 18745 of 2013 FOR APPROVAL AND SIGNATURE: HONOURABLE MR.JUSTICE BIREN... 1. Invoking the provisions under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code), the petitioner applicant...petitioner herein with Criminal Case No. 732/2011, which is pending before the learned Chief Judicial Magistrate, Bhavnagar; C) Pending admission, hearing and final disposal of this...

...Jagdish Singh Khehar, J.:— Criminal Appeal No. 1557 of 2015 [arising out of SLP (Crl.) No. 7850 of 2011] 1. Leave granted. Despite service, no one has entered..., Indore, Madhya Pradesh, under Section 177 of the Criminal Procedure Code, 1973, contesting the territorial...with the order passed by the Judicial Magistrate, First Class, Indore, dated 2-6-2009, the respondent Inderpal Singh preferred a petition under...

...Prosecutor in the place of third respondent to conduct S.C 10/91 on the file of the Court of Session, Manjeri, is also sought. By an amendment to the writ petition, a writ of quo warranto is sought to call...Bureau of Investigation, pursuant to the direction issued by this Court in Original Petition No. 10677 of 1987. Third respondent was appointed Special Prosecutor, to conduct the prosecution. While...was made. Presumably, the appointment was made by the Union of India, a respondent to the writ petition. At the instance of petitioner, Union of India was removed from the array of parties by orders on...

...the case on behalf of the appellants that Section 148 of the N.I. Act, as amended by Act No. 20/2018, shall not be 3 applicable with respect to criminal proceedings...N.I.Act, as amended shall not be applicable. 5.3 It is further submitted by the learned Senior Advocate appearing on behalf of the appellants that the legal proceedings, whether civil or criminal, are to be...Vinodchandra Shah v. The State of Maharashtra (Criminal Writ Petition No. 258 of 2019). It is submitted that in the said decision, the Bombay High Court has also observed and held that as per Section...

...the case on behalf of the appellants that Section 148 of the N.I. Act, as amended by Act No. 20/2018, shall not be 3 applicable with respect to criminal proceedings...N.I.Act, as amended shall not be applicable. 5.3 It is further submitted by the learned Senior Advocate appearing on behalf of the appellants that the legal proceedings, whether civil or criminal, are to be...Vinodchandra Shah v. The State of Maharashtra (Criminal Writ Petition No. 258 of 2019). It is submitted that in the said decision, the Bombay High Court has also observed and held that as per Section...

...Sandeep Sharma, J. (Oral):— The present criminal revision petition filed under Section 397 Cr. P.C read with Section 401 Cr. P.C, is directed against the order...complaint under Section 138 read with Section 142 of the Negotiable Instrument Act, 1881 as amended by the Negotiable Instruments (Amendment and Miscellaneous...dissatisfied with the order dated 21.3.2015 passed by learned trial Court, complainant approached this Court by way of revision petition.4. I have heard learned counsel for the parties as...

...writ petition. 12. The Administrative Tribunals Act, 1985 came to be amended by the Administrative Tribunals (Amendment) Act, 2006. By the said amendment the...position of law emerging from the provisions of the unamended and amended Act, Writ Petition (C) No. 539 of 2007 filed by the petitioner will have to be rejected. 42. The argument that...J.M Panchal, J. (for K.G Balakrishnan, C.J and himself)— In Writ Petition (C) No. 261 of 2007, the petitioner, who is a practising lawyer and Honorary Secretary of the Central...

...DISTRICT AND SESSIONS JUDGE, TUMAKURU IN CRL.R.P.NO.48/2018. THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING: ORDER Heard Shri G. A. Srikante Gowda, learned...submits that police could not have registered a suo motu complaint under the provisions of MMDR Act and KMMC Rules. Therefore, the amended provisions of Rule 43(8) of the KMMC...200 Cr.P.C. is maintainable. Learned advocate for the petitioner is right in his submission that since registration of FIR itself is defective, amended provisions of Rule 43...

...Rules") have been amended vide notification dated 24.3.2008 while the applicants were convicted prior to it, so the earlier rule as was in statute book prior to 24.3.2008 shall be applicable in...Rule 4 of the Rules and all the matters which are to be considered after the amendment are to be considered in the light of the amended Rule and not as per the unamended...learned Government Advocate is that regard being had to the sweeping criminal activities and the rate of heinous offences, mercenary killings and the path paved by some who have taken the killings to be...

...discussions made above, I pass the following: ORDER (i) The criminal petition is allowed. (ii) The petitioners are directed to appear before the...amended Amendment of 2016, Section 2(1)(a- 1-a) of the Karnataka Minor Mineral Concession Rules 1994, respondent is not the competent authority to file complaint under...Section 200 of Cr.P.C. and the same 4 has been amended and the complaint is not by an authorized person and the respondent without proper...

...Prayer: Criminal Original Petition filed under Section 407 r/w. Section 482 Cr.P.C to withdraw the case in STC. No. 836 of 2016 on the file of the learned...Judicial Magistrate, Tambaram, to any one of the Metropolitan Magistrate Court situated at Saidapet, Chennai-15, U/s.407 of Cr.P.CP.N Prakash, J.:— This Criminal Original Petition has been...by way of this Criminal Original Petition for re-transfer of the case. In the considered opinion of this Court, the transfer of the case to the file of the Judicial Magistrate Court, Tambaram, had...

...IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 3970 of 2013 FOR APPROVAL AND SIGNATURE: HONOURABLE MR.JUSTICE S.G.SHAH...not to appear before this court though duly served. The petitioner herein has challenged the judgment and order dated 12.07.2013 in Criminal Case No.3344 of 2009 passed by the learned Chief Judicial...Magistrate of Porbandar at Porbandar so also judgment and order dated 10.12.2013 passed by the learned Additional District Court at Porbandar in Criminal Revision Application No.30 of 2013, whereby...

...value of the vehicle with one surety for the likesum to the satisfaction of the jurisdictional Magistrate. Accordingly, criminal petition is disposed of. Sd/- JUDGE PB ...Sri Raju C.N., learned counsel for the petitioner. Sri Vijaykumar Majage, learned Additional SPP for the respondent-State. The petition is admitted for hearing. With the consent of the...parties, same is heard finally. In this petition under Section 482 of Cr.P.C., the petitioner inter alia seeks to modify the condition in the order imposed by the Judicial...

...Criminal R.C No. 16 of 1977 before the learned Sessions Judge, Mahaboobnagar contending that since the car was not produced before the Court, which was indeed produced before the Divisional Forest...-ruled the said contention, mainly with reference to Section 457 of the Criminal Procedure Code. Hence this Writ...Petition. The prayer is to quash the orders of the learned Magistrate and the learned Sessions Judge, Mahaboobnagar by issuing a writ of Certiorari. It is stated by the learned Government Pleader that they...

...further alleged in his petition that, since he had no business or income after the assessment year 1953-54, he was not being assessed to tax by either the Income-tax Officer, Ernakulam or by any other...) and 22(4) dated the 1st June, 1961, for the assessment years 1957-58 and 1959-60 be treated as cancelled. On 29th June, 1961, the petitioner moved a petition in the Kerala High Court, inter...alia, contending that the Income-tax Officer at Bombay had no jurisdiction to assess him. The said petition was dismissed as withdrawn on 6th July, 1962, in view of the fact that the petitioner had been...

...aforecaptioned Criminal Revision Petition stands finally disposed of. Sd/- sdk+ ALEXANDER THOMAS, JUDGE ///True Copy/// P.S. to Judge ...The order under challenge in this petition is the one rendered on 31.1.2017 by the trial court concerned (Judicial First Class Magistrate's Court-II, Perumbavoor), whereby the...complaint of the petitioner in C.C.No. 78/2016 was dismissed by virtue of the enabling powers conferred under Sec. 204(4) of the Cr.P.C. 2. The Revision Petition was admitted by this...

...). 5. The petitioner accused filed Anx.A-2 Criminal Miscellaneous Petition No.51/2014 in C.C.No. 4571/2010 dated 14.5.2014 contending that the cause of action has not arisen the within the...The prayer in this Criminal Miscellaneous Case is as follows: "For these and other grounds to be urged at the time of hearing it is most humbly prayed that in the interest of...justice this Hon'ble Court may be pleased to invoke the inherent jurisdiction under section 482 of the Criminal Procedure...

...1. These petitions arise out of proceedings relating to three different criminal complaint cases (CC 6358/17, 6359/17 and 6357/17) which were brought before the court of the...(2014) 9 SCC 129. The Negotiable Instruments Act, 1881 was subsequently amended in terms of wh...the petition at hand as a substitute for virtually a second revisional challenge or scrutiny which is clearly barred under Section 397 (3) Cr.P.C. 6...

...Criminal Procedure. And In Re : Mrs. Sunita Thacker ..petitioner Mr. Krishnendu Bhttacharya Mr. P.S. Mondal Mr. Somnath Sarkar for the petitioner Order...dated 7.8.2017 passed by the Metropolitan Magistrate, 7th court, Calcutta in complaint case no. C 16799/2013 transferring criminal proceeding to the court having local jurisdiction over the bank where...is, however, imperative for the present controversy, that the appellant overcomes the legal position declared by this court, as well as, the provisions of the Code of Criminal Procedure. Insofar as...

.... 2. This petition is filed by the petitioner/complainant under Section 407 of the Code of Criminal Procedure praying the Court to transfer the criminal case in C.C. No...petition is allowed. The criminal case in C.C. No.5430/2015 on the file of the 16th ACMM Court, Bengaluru, is ordered to be transferred from the said Court to the Kundgol Magistrate Court to try and dispose of the same in accordance...Learned counsel appearing for the petitioner present. Respondent, though served with the notice of the petition, has remained absent and there is no representation even today...

...Criminal Procedure. And In Re : Mr. Harish Thacker ..petitioner Mr. Krishnendu Bhttacharya Mr. P.S. Mondal Mr. Somnath Sarkar for the petitioner Order...dated 7.8.2017 passed by the Metropolitan Magistrate, 7th court, Calcutta in complaint case no. C 16800/2013 transferring criminal proceeding to the court having local jurisdiction over the bank where the..., imperative for the present controversy, that the appellant overcomes the legal position declared by this court, as well as, the provisions of the Code of Criminal Procedure. Insofar as the instant aspect of...

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