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Judgment Search Results Home  Phrase:code of criminal procedure 1973 section 220

Oct 12 2001

Narinderjit Singh Sahni and anr. Vs. Union of India and ors.

  • Decided on : 12-Oct-2001

Court : Supreme Court of India

Reported in : 2001VIIIAD(SC)499; AIR2001SC3810; 2001(2)ALD(Cri)743; JT2001(8)SC477; 2001(7)SCALE189; (2002)2SCC210; 2002(1)LC178(SC)

... offence or in the alternative, into the kind of offence which could only have been committed in the course of the same transaction, within the meaning of section 220 of the Code of Criminal Procedure-Admittedly a submission of some effect and this is so irrespective of the factum of about 250 numbers of FIRs lodged throughout the country. We are however not ... physically not become possible to release the accused from the custody. If an accused facing a charge under Sections 406, 409, 420 and 120B is ordinarily not entitled to invoke the provisions of Section 438 of the Criminal Procedure Code unless it is established that such criminal accusation is not a bone fide one it is difficult, to conceive that an accused who is ... by the constitutional mandate. 7. The relief spoken of however pertains to Section 438 of Criminal Procedure Code. It is noteworthy that the 41^st report of the Law Commission recommended for the first time inclusion of a provision for what is called anticipatory bail (vide Section 438 Cr.P.C.) Section 438 contemplates an application by a person on an apprehension of arrest ... connection with any criminal case in his capacity as Managing Director/Director of the Group of companies, the arresting officer shall release him on bail on his executing a bond to the satisfaction of the arresting officer. This order obviously tantamounts to an order, invoking the provisions of Section 438 of the Code of Criminal Procedure. The Court adopted the aforesaid procedure to find ...

Nov 17 1987

Sugga Engineering Works (P.) Ltd. and others (Cr. M. (M) Nos. 576 And ...

  • Decided on : 17-Nov-1987

Court : Delhi

Reported in : [1990]68CompCas625(Delhi); 1988(14)DRJ97b

... section 159, read with section 162 and section 220 again read with section 162, of the Companies Act, 1956 (for short, ``the Act''), are continuing offences within the meaning of section 472 of the Code of Criminal procedure, 1973 (for short, ``the Code''), so as to remove the bar of limitation to take cognizance of the offences as provided by section 468 of the code. Under sub-section (1) of section 468 of the Code ... of section 472 of the Code of Criminal procedure, 1973 (for short, ``the Code''), so as to remove the bar of limitation to take cognizance of the offences as provided by section 468 of the code. Under sub-section (1) of section 468 of the Code, a court cannot take cognizance of an offence after the expiry of the period of limitation as provided under sub-section (2) of that section. ... Act, 1977. Under sub-section (3) of section 220 of the Act, so far as is requirements of subsection (1) of section 220, the company and every officer of the company who is in default shall be liable to punishment as provided by section 162 which is the same as for default in complying with the provisions of section 159 as well. Section 162 of the Act ... is to be filed with the Registrar of Companies. The return is to be in the form prescribed and is to contain various particulars as mentioned in the section. Sub-section (1) of section 220 of the Act provides for filing of the balance-sheet and the profit and loss account with the Registrar of Companies. These documents are to be filed ...

Aug 08 1996

Rashid Aziz Vs. State of U.P.

  • Decided on : 08-Aug-1996

Court : Allahabad

Reported in : 1997CriLJ977

... are (1) that a writ of certiorari be issued for quashing the first information report dated 13-6-1996 which was registered as Case Crime No. 700 of 1996 under Sections 419, 420, 470 and 471, I.P.C. of police Station Coloneganj, Allahabad (2) that a writ of mandamus be issued commanding the respondents not to arrest the petitioners in ... Ambedkar Nagar sent a letter dated 5-4-1996 to the District Magistrate, Allahabad making inquiry regarding the arms licences of certain persons who were arrested in connection with a criminal case in his district. The City Magistrate/Officer In-charge Arms, after inquiry, came to the conclusion that the entries made in the Arms Register, maintained in the office of ...

Oct 26 1999

Balbir Vs. State of Haryana and Another

  • Decided on : 26-Oct-1999

Court : Supreme Court of India

Reported in : AIR2000SC11; 1999(2)ALD(Cri)869; 2000CriLJ169a; JT1999(8)SC403; RLW2000(1)SC28; 1999(6)SCALE600; (2000)1SCC285; [1999]Supp4SCR120

... ' It is pertinent to point out that the same expression is employed in Section 220(1) of the Code also (corresponding to Section 235(1) of the old Code). The meaning of the expression 'in the course of the same transaction' used in Section 223 is not materially different from that expression used in Section 223(1). It is so understood by this Court in State of ... certain material witnesses in this case. It must be remembered that the case was investigated by officers enjoined by the Code to conduct such investigation and the final report was laid before the court in accordance with the procedure prescribed under the Code itself. If the Sessions Court is to repeal the conclusion arrived at by such investigating agency (which alone conducted the ... . At any rate, the court should have been absolutely certain that the police officials and the real culprits have entered into a criminal conspiracy to rescue the real murderer. Unless the court reaches such a degree of satisfaction a criminal court cannot afford to conclude that the prosecution instituted on private complaint has succeeded in proving beyond all reasonable doubt that it ... trial. He made on endeavour to show that two cases in respect of the murder of one person could be brought within the ambit of Section 223 of the Code (which corresponds to Section 239 of the old Code of 1898). As per that provision, all persons falling under any one of the seven categories enumerated therein can be charged and tried together. Out ...

Mar 17 1995

State of Karnataka Vs. Nagappa

  • Decided on : 17-Mar-1995

Court : Karnataka

Reported in : ILR1995KAR1361; 1995(2)KarLJ28

... Sections 511 and 313 of the Indian Penal Code and also under Section 3(1)(xii) and 3(2)(v) of the Act.6. The learned trial Judge, after hearing both the sides, framed Charges against the accused for the offences stated earlier.7. The case had stood posted for trial. The accused made an application under Section 216 of the Code of Criminal Procedure, 1973 ('the Code ... the time being in force. Section 20 also throws much light that the provisions contained in Section 193 cannot be of any consequence to restrict the jurisdiction of the Special Court.63. Now, Section 220 of the Code, which provides for the trial of more than one offence, requires to be considered in this context.64. Section 220 of the Code reads: '220. Trial for more ... application under Section 216 of the Code of Criminal Procedure, 1973 ('the Code' for short), on the ground that the Special Court had only the power and jurisdiction to try the offences punishable under the Act that without a valid order of commitment, the Special Court could not have taken cognizance of the offences punishable under Sections 312 and 376 of the Indian Penal Code ... . The Legislature then proceeded to specify which out of the various procedures set out in the Code, this new Court shall follow for trial of offences before it. Section 8(1) specifically says that a Special Judge in trial of offences before him, shall follow the procedure prescribed in the Criminal Procedure Code for trial of warrant cases by Magistrates. The provisions for ...

Jul 03 2013

Present: Mr. A.K.Sama Advocate Vs. State of Punjab and others

  • Decided on : 03-Jul-2013

Court : Punjab and Haryana

... Mr.Vikram Anand, Advocate for respondents No.2 and 3....SABINA, J. Petitioners have filed this petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of the FIR No.220 dated 23.12.2012, under Section 452, 427, 323, 148, 149 of the Indian Penal Code ('IPC' for short).registered at Police Station Sadar Fazilka, District Fazilka (Annexure P-1) and all the consequential ... above discussion can be summarised thus: the power of the High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the offences under Section 320 of the Code. Inherent power is of wide plenitude with no statutory limitation but it has to be ... criminal court for compounding the offences under Section 320 of the Code. Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted in such power viz; (i) to secure the ends of justice or (ii) to prevent abuse of the process of any Court. In what cases power to quash the criminal ... Court shall be well within its jurisdiction to quash the criminal proceeding. Since the parties have arrived at a compromise and have decided to live in peace, no useful purpose would be served in allowing the criminal proceedings to continue. Accordingly, this petition is allowed. FIR No.220 dated 23.12.2012, under Section 452, 427, 323, 148, 149 IPC, registered at Police ...

Aug 22 2013

Jai Pal Vs. Gian Chand

  • Decided on : 22-Aug-2013

Court : Punjab and Haryana

... for respondent. **** SABINA, J. This petition has been filed by the petitioner under Section 482 of the Code of Criminal Procedure, 1973 for quashing of criminal complaint No.220/07 dated 17.10.2007 (Annexure P-2) titled Gian Chand versus Jai Pal under Sections 419, 420, 467, 468, 471 of the Indian Penal Code, 1860 and all the subsequent proceedings arising therefrom including summoning order dated 9.7 ... of law. Devi Anita Accordingly, this petition is allowed. Criminal complaint 2013.08.26 10:46 I attest to the accuracy and integrity of this document Chandigarh Crl.Misc.not M- 32607 of 2009 (O&M) 3 No.220/07 dated 17.10.2007 (Annexure P-2) titled Gian Chand versus Jai Pal under Sections 419, 420, 467, 468, 471 IPC and all ...

Sep 10 2013

Criminal Misc. No.M- 28584 of 2013 (O&M) Vs. ...

  • Decided on : 10-Sep-2013

Court : Punjab and Haryana

... , Advocate,for the complainant. **** SABINA, J. This petition has been filed by the petitioner under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail in case FIR No.220 dated 2.8.2013 under Sections 419, 420, 465, 466, 471, 120-B of the Indian Penal Code, 1860 registered at Police Station Sadar Jalandhar. Learned counsel for the petitioner has submitted that the ... counsel, who is assisted by learned Devi Anita counsel for the complainant, on the other hand, has opposed the 2013.09.11 16:10 I am approving this document Chandigarh Criminal Misc. No.M- 28584 of 2013 (O&M) -2- petition and has submitted that the original Will had not been produced by the accused during investigation. Even the register of ... In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.M- 28584 of 2013 (O&M) Date of decision: 10.9.2013 Balwinder Singh ......Petitioner Versus State of Punjab .......Respondent CORAM: HON'BLE MRS.JUSTICE SABINA Present: Ms. ...

May 28 1987

Shivalik Ice Factory and Cold Storage Pvt. Ltd. and Ors. Vs. Registrar ...

  • Decided on : 28-May-1987

Court : Punjab and Haryana

Reported in : [1988]64CompCas113(P& H)

... ground of being barred by limitation. It is contended that the offences under Sections 159 and 220 of the Act being punishable only with fine, no court could take cognizance of the impugned complaints after six months of commission of the offence as provided in Section 468 of the Code of Criminal Procedure, 1973, were committed during 1981-82 and 1983-84 but the complaints were ... Registrar of Companies is that the offences under Sections 159 and 220 of the Act are continuing offences. As such Section 468 of the Code of Criminal Procedure did not stand as a bar in the filing of the impugned complaints.6. Thus, the important point for consideration in this case is whether the offences under Sections 159 and 220 of the Act are continuing offences or ... respondent's counsel that the petitioners had committed continuing offences. Since the offences were not continuing ones, the cognizance thereof after the expiry of the period of limitation provided in Section 468 of the Code of Criminal procedure could not be taken by the trial Magistrate. Hence, the impugned complaints and the proceedings taken by the trial court are hereby quashed. ... is held, prepare and file with the Registrar a return containing the specified particulars. Section 220 lays down that three copies of balance-sheet and profit and loss account shall be filed by the company each year within a specified period. For non-compliance of Sections 159 and 220 of the Act, the company and every officer of the company who is in ...

Jul 20 1998

Anita Chadha Vs. Registrar of Companies

  • Decided on : 20-Jul-1998

Court : Delhi

Reported in : [1999]96CompCas265(Delhi); 1999CriLJ2433; 74(1998)DLT537; 1998(46)DRJ506

... in Section 468 of the Code of Criminal Procedure (for short 'the Code'), could not be taken by the trial court. It was further submitted that after the petitioner resigned as a director of the company, she could not have complied with the provisions of Sections 159 and 220 of the Act as she ceased to be an 'officer in default' as contemplated by Section 162 read with Section ... were filed on June 11, 1992. It was canvassed that the offences under Sections 159 and 220 of the Act being punishable with fine, cognizance of the complaints after a period of six months from the commission of the offence as provided in Section 468 of the Code of Criminal Procedure (for short 'the Code'), could not be taken by the trial court. It was further submitted ... -section (3) of Section 220 provides that if default is made in complying with the requirement of Sub-sections (1) and (2), the company and every officer of the company, who is in default shall be liable to the like punishment as is provided by Section 162 for a default in complying with the provisions of Section 159. In the event of non-compliance with Sections 159 ... Section 220 provides that if default is made in complying with the requirement of Sub-sections (1) and (2), the company and every officer of the company, who is in default shall be liable to the like punishment as is provided by Section 162 for a default in complying with the provisions of Section 159. In the event of non-compliance with Sections 159 and 220 of ...

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