obstante clause in Section 11 .
23. In paragraph 34, Mukharji, J. stated that Sections 406 and 407 were
covered ... obstante clause in Section 7(1) . This would mean that
the High Court under Section 407 could not transfer a case to itself as
provided
obstante clause in Section 11 .
23. In paragraph 34, Mukharji, J. stated that Sections 406 and
407 were covered ... obstante clause in Section 7(1) .
This would mean that the High Court under Section 407 could not
transfer a case to itself as provided
Provided that nothing contained in this section shall affect the
powers of the High Court under section 407 of the Code of
Criminal Procedure ... Special Court and
that this was notwithstanding anything contained in Section 406
and Section 407 of the Code. This is what was said in this
liable to fine.
6.2 The said two Sections differ essentially on two aspects
enumerated below:
(i) Section 407 IPC relates to breach of trust inter ... fine.
6.3 The basic difference between the above said two Sections
is that Sec 407 inter-alia relates to warehouse keeper and
prescribes lesser punishment
maintenance case, which is filed under Section 125 Cr.P.C. has to be filed only under Section 407 of Cr.P.C. Section ... case filed by the respondent/wife under Section 125 Cr.P.C and not under Section 407 Cr.P.C. under Section
Provided that nothing contained in this section shall affect the powers of
the High Court under section 407 of the Code of Criminal Procedure ... Court and that this was notwithstanding anything
20
contained in Section 406 and Section 407 of the Code. This is what was
said in this
PARDIWALA
Date : 31/01/2017
ORAL ORDER
1. This application under Section 407 of the Cr.P.C. is at
the instance of an accused ... averments made in this application seeking
transfer of the case under Section407 of the Cr.P.C . In the meantime,
let there
Court can only
transfer the case in exercise of power under Section 407 and that too on
the judicial side. Our attention has also been ... argued that Section 194 can be exercised on the administrative
side before the commencement of the trial and not thereafter, whereas
Section 407
2017.
They are heard.
ORDER
These four transfer applications under Section 407
of Criminal Procedure Code, 1973 have been filed by the
applicant ... fair trial is the main criteria for
exercise of power under Section 407 of the Code of
Criminal Procedure, 1973. Mere allegations like
substantial prejudice
Chetan Desai-HCGP)
This Criminal Petition is filed under Section 407 of
Cr.P.C., praying to withdraw the case ... Additional District and Sessions Court at Tumkur?
8. Section 407 of Cr.P.C., which deals with the
power of the High Court to transfer
