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Category: Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments

CrPC 374 – Appeals from convictions

Posted on August 22, 2019 by ShadesOfKnife
CrPC 374. Appeals from convictions.
(1) Any person convicted on a trial held by a High Court in its extraordinary original criminal jurisdiction may appeal to the Supreme Court.
(2) Any person convicted on a trial held by a Sessions Judge or an Additional Sessions Judge or on a trial held by any other Court in which a sentence of imprisonment for more than seven years 2 has been passed against him or against any other person convicted at the same trial], may appeal to the High Court.
(3) Save as otherwise provided in sub- section (2), any person,-
(a) convicted on a trial held by a Metropolitan Magistrate or Assistant Sessions Judge or Magistrate of the first class, or of the second class, or
(b) sentenced under section 325, or
(c) in respect of whom an order has been made or a sentence has been passed under section 360 by any Magistrate, may appeal to the Court of Session.
Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged CrPC 374 - Appeals from convictions

CrPC 303 – Right of person against whom proceedings are instituted to be defended

Posted on August 2, 2019 by ShadesOfKnife

CrPC 303. Right of person against whom proceedings are instituted to be defended.

Any person accused of an offence before a Criminal Court, or against whom proceedings are instituted under this Code, may of right be defended by a pleader of his choice.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged CrPC 303 - Right of person against whom proceedings are instituted to be defended

CrPC 317 – Provision for inquiries and trial being held in the absence of accused in certain cases

Posted on June 28, 2019 by ShadesOfKnife

317. Provision for inquiries and trial being held in the absence of accused in certain cases.

(1) At any stage of an inquiry or trial under this Code, if the Judge or Magistrate is satisfied, for reasons to be recorded, that the personal attendance of the accused before the Court is not necessary in the interests of justice, or that the accused persistently disturbs the proceedings in Court, the Judge or Magistrate may, if the accused is represented by a pleader, dispense with his attendance and proceed with such inquiry or trial in his absence, and may, at any subsequent stage of the proceedings, direct the personal attendance of such accused.
(2) If the accused in any such case is not represented by a pleader, or if the Judge or Magistrate considers his personal attendance necessary, he may, if he thinks fit and for reasons to be recorded by him, either adjourn such inquiry or trial, or order that the case of such accused be taken up or tried separately.

Sample is available here.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged CrPC 317 - Provision for inquiries and trial being held in the absence of accused in certain cases

IPC 228 – Intentional insult or interruption to public servant sitting in judicial proceeding

Posted on June 23, 2019 by ShadesOfKnife

228. Intentional insult or interruption to public servant sitting in judicial proceeding.

—Whoever intentionally offers any insult, or causes any interruption to any public servant, while such public servant is sitting in any stage of a judicial proceeding, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thou­sand rupees, or with both.

State Amendment Andhra Pradesh.

—In Andhra Pradesh offence under section 228 is cognizable. [Vide A.P.G.O. Ms. No. 732, dated 5th December, 1991].

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged IPC 228 - Intentional insult or interruption to public servant sitting in judicial proceeding

IPC 210 – Fraudulently obtaining decree for sum not due

Posted on June 23, 2019 by ShadesOfKnife

210. Fraudulently obtaining decree for sum not due.

—Whoever fraudulently obtains a decree or order against any person for a sum not due or for a larger sum than is due, or for any property or interest in property to which he is not entitled, or fraudu­lently causes a decree or order to be executed against any person after it has been satisfied or for anything in respect of which it has been satisfied, or fraudulently suffers or permits any such act to be done in his name, shall be punished with imprison­ment of either description for a term which may extend to two years, or with fine, or with both.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged IPC 210 - Fraudulently obtaining decree for sum not due

IPC 208 – Fraudulently suffering decree for sum not due

Posted on June 23, 2019 by ShadesOfKnife

208. Fraudulently suffering decree for sum not due.

—Whoever fraudulently causes or suffers a decree or order to be passed against him at the suit of any person for a sum not due or for a larger sum than is due to such person or for any property or interest in property to which such person is not entitled, or fraudulently causes or suffers a decree or order to be executed against him after it has been satisfied, or for anything in respect of which it has been satisfied, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Illustration

A institutes a suit against Z. Z knowing that A is likely to obtain a decree against him, fraudulently suffers a judgment to pass against him for a larger amount at the suit of B, who has no just claim against him, in order that B, either on his own ac­count or for the benefit of Z, may share in the proceeds of any sale of Z’s property which may be made under A’s decree. Z has committed an offence under this section.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged IPC 208 - Fraudulently suffering decree for sum not due

IPC 207 – Fraudulent claim to property to prevent its seizure as forfeited or in execution

Posted on June 23, 2019 by ShadesOfKnife

207. Fraudulent claim to property to prevent its seizure as forfeited or in execution.

—Whoever fraudulently accepts, re­ceives or claims any property or any interest therein, knowing that he has no right or rightful claim to such property or interest, or practices any deception touching any right to any property or any interest therein, intending thereby to prevent that property or interest therein from being taken as a forfei­ture or in satisfaction of a fine, under a sentence which has been pronounced, or which he knows to be likely to be pronounced by a Court of Justice or other competent authority, or from being taken in execution of a decree or order which has been made, or which he knows to be likely to be made by a Court of Justice in a civil suit, shall be punished with imprisonment of either de­scription for a term which may extend to two years, or with fine, or with both.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged IPC 207 - Fraudulent claim to property to prevent its seizure as forfeited or in execution

IPC 206 – Fraudulent removal or concealment of property to prevent its seizure as forfeited or in execution

Posted on June 23, 2019 by ShadesOfKnife

206. Fraudulent removal or concealment of property to prevent its seizure as forfeited or in execution.

—Whoever fraudulently removes, conceals, transfers or delivers to any person any property or any interest therein, intending thereby to prevent that property or interest therein from being taken as a forfei­ture or in satisfaction of a fine, under a sentence which has been pronounced, or which he knows to be likely to be pronounced, by a Court of Justice or other competent authority, or from being taken in execution of a decree or order which has been made, or which he knows to be likely to be made by a Court of Justice in a civil suit, shall be punished with imprisonment of either de­scription for a term which may extend to two years, or with fine, or with both.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged IPC 206 - Fraudulent removal or concealment of property to prevent its seizure as forfeited or in execution

IPC 205 – False personation for purpose of act or proceeding in suit or prosecution

Posted on June 23, 2019 by ShadesOfKnife

205. False personation for purpose of act or proceeding in suit or prosecution.

—Whoever falsely personates another, and in such assumed character makes any admission or statement, or confesses judgment, or causes any process to be issued or becomes bail or security, or does any other act in any suit or criminal prosecu­tion, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged IPC 205 - False personation for purpose of act or proceeding in suit or prosecution

Section 52(1)(q) of Copyright Act, 1957

Posted on May 5, 2019 by ShadesOfKnife

(q) the reproduction or publication of—

(i) any matter which has been published in any Official Gazette except an Act of a Legislature;
(ii) any Act of a Legislature subject to the condition that such Act is reproduced or published together with any commentary thereon or any other original matter;
(iii) the report of any committee, commission, council, board or other like body appointed by the Legislature, unless the reproduction or publication of such report is prohibited by the Government;
(iv) any judgment or order of a court, Tribunal or other judicial authority, unless the reproduction or publication of such judgment or order is prohibited by the court, the Tribunal or other judicial authority, as the case may be;
Source: https://indiankanoon.org/doc/648494/
Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged Section 52(1)(q) of Copyright Act 1957 | Leave a comment

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