Court : Chennai Madurai
..... the order, dated 01.04.2016, passed in cr.m.p.no.966 of 2016, by the learned judicial magistrate, devakottai, is modified to the effect that interim custody of the two oxen shall be given to the revision petitioner. ..... the learned magistrate, by his order dated 01.04.2016, ordered interim custody of the cart alone and refused interim custody of the oxen. 5. ..... until final order is passed by the said magistrate, the revision petitioner shall keep the oxen in his custody. .....
Tag this Judgment!Court : Chennai Madurai
..... the order, dated 01.04.2016, passed in cr.m.p.no.964 of 2016, by the learned judicial magistrate, devakottai, is modified to the effect that interim custody of the two oxen shall be given to the revision petitioner. ..... the learned magistrate, by his order dated 01.04.2016, ordered interim custody of the cart alone and refused interim custody of the oxen. 5. ..... until final order is passed by the said magistrate, the revision petitioner shall keep the oxen in his custody. .....
Tag this Judgment!Court : Chennai
..... both daughters are under the custody of the petitioner/wife. .....
Tag this Judgment!Court : Chennai
m. venugopal, j. 1. heard the learned counsel for the petitioner. 2. the petitioner/accused has preferred the instant criminal revision petition before this court as against the judgment dated 08.02.2016 in crl.a.no.54 of 2013 passed by the learned additional district and sessions judge, hosur, krishnagiri, confirming the judgment dated 19.11.2013 in s.t.c.no.146 of 2012 passed by the learned judicial magistrate, fast track court, hosur, krishnagiri, sentencing him to undergo 6 months simple imprisonment under section 138 of n.i. act, 1882 and directing him to pay a compensation of rs.1,00,000/- within a period of one month in terms of section 357 of cr.p.c. 3. the petitioner/accused has preferred the instant criminal revision petition being aggrieved against the judgment dated 8.02.2016 in crl.a.no.54 of 2013 passed by the learned additional district and sessions judge, hosur, krishnagiri primarily contending that the conviction imposed by the trial court as well as the appellate court in terms of 138 of n.i.act are against law, weightage of evidence and all probabilities of the case. 4. the learned counsel for the petitioner/accused takes a plea that the respondent/complainant does not have a wherewithal to lend such a huge sum and also that the trial court had failed to appreciate that the onus casted in terms of 139 of n.i. act is not as burdensome as that is casted on the prosecution in respect of other penal offences. furthermore, on perusal of the various other grounds .....
Tag this Judgment!Court : Chennai
..... pendency of the acquisition proceedings initiated on publication of notification under section 4(1) of the act, 1894, the tamil nadu act 16 of 1997 came into force from 16th july, 1997, wherein the time schedule for publication of the notification under section 4(1) of the act, 1894 in the locality was prescribed, ..... rajagopalan, learned additional solicitor general, appearing for the appellant / union of india would contend that the tamil nadu act 16 of 1997, which came into force on 16th july, 1997, would not be applicable to the acquisition proceedings initiated under section 4 of the act, 1894 prior to enforcement of new ..... draft notification under section 4(1) of the land acquisition act, 1894 (herein-after referred to as the act, 1894 ) has been approved for acquisition of land for formation of married staff accommodation of indian air force in kadambadi village, coimbatore district. ..... the question that arises for our consideration is as to whether the tamil nadu act 16 of 1997, which came into force on 16th july, 1997, would apply to the land acquisition proceedings, wherein, the notification under section 4(1) of the act, 1894 has been published prior to the notification of the tamil nadu act ..... in the meantime, the tamil nadu act 16 of 1997 was notified and came into force on 16th july,1997, wherein, it is provided that the publication of the notification in the official gazette, the publication of such notification in two daily newspapers and the giving of a public notice may .....
Tag this Judgment!Court : Chennai
..... to attract section 167 ipc, the public servant should have been in-charge of, control and custody of, any document and pursuant to which he should have prepared or translated or framed any document which to his knowledge is believed to be incorrect. ..... therefore, i find some force in the submission made by the learned counsel for the petitioner. .....
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..... but p.ws.1, 4, 5, 6 and 7 during cross-examination have stated that he was in the police custody on 26.08.2003 itself and it has also been stated by these witnesses that the 2ndaccused was identified by p.w.6 and other witnesses in the police station itself even before he was sent for remand. ..... now turning to the case against the 1staccused/1stappellant, we find some force in the argument of the learned additional public prosecutor that the prosecution has proved the case against the 1staccused beyond all reasonable doubts. ..... he was taken into police custody only on 13.09.2003. ..... it cannot be true, in view of the fact that the 2ndaccused was in the police custody even on 26.08.2003. ..... p.w.30 took the custody of the 1st accused on the orders of the learned judicial magistrate on 13.09.2003. ..... while in custody, he had disclosed that he pledged the m.o.1 thali chain to p.w.17. ..... while in custody, in the presence of p.w.16, he gave a voluntary confession in which he disclosed the place where he had hidden the registration certificate and the insurance certificate for the tvs champ motor cycle. .....
Tag this Judgment!Court : Chennai
..... thus, the confession, the arrest and the recoveries are doubtful and they were extracted from the accused while he was in the custody of the police and pw-17 vao obliged the police and further, the arrest, confession and recoveries are stage managed. 49. ..... in this case, the defence contends that it is farce as already on 2.11.2008 itself the accused was picked up by pw-28 and kept him in police custody and this case was cooked up and a stage managed recovery was enacted and pw-17 vao had obliged pw-28. ..... pw-28 produced the accused before the court for judicial custody and the case properties under form 95. ..... if it is obtained in police custody or under duress, it will lack its credence. ..... already on 2.11.2008, the accused was taken to police station and was kept in illegal custody till 7.11.2008 by pw-28. ..... pw-28 kept him under illegal custody from 7.11.2008. ..... however, pw-28 kept the accused under illegal custody from 2.11.2008. ..... it has also contended by the defence that on 3.11.2008, through advocate balasubramaniyam, wife of the accused had sent a letter to pw-28 to release her husband from illegal custody. 46. .....
Tag this Judgment!Court : Chennai Madurai
..... arrested or detained or appears or is brought before a board, such person shall, notwithstanding anything contained in the code of criminal procedure, 1973 (2 of 1974) or in any other law for the time being in force, be released on bail with or without surety 1[or placed under the supervision of a probation officer or under the care of any fit institution of fit person] but he shall not be so released if there appear reasonable ..... apprehended or detained by the police or appears or brought before a board, such person shall, notwithstanding anything contained in the code of criminal procedure, 1973 or in any other law for the time being in force, be released on bail with or without surety or placed under the supervision of a probation officer or under the care of any fit person: provided that such person shall not be so released if there appears ..... it is uniformly contended by the respective counsel that, if a juvenile accused is arrested and produced before the board, he is placed in the custody of an observation home till a report from the probation officer is obtained and this causes undue prejudice to the juvenile inasmuch as he is likely to come into contact ..... section 1(4) of act 2 of 2016 reads as under: 1(4) - notwithstanding anything contained in any other law for the time being in force, the provisions of this act shall apply to all matters concerning children in need of care and protection and children in conflict with law, including -- (i) apprehension, detention, .....
Tag this Judgment!Court : Chennai
..... mr.m.jagadeesan, learned counsel submitted that the police have violated various provisions of the police standing orders while taking photographs of the accused in custody, and therefore no reliance should be placed on the report of the experts. 23. ..... (p) on 15.5.2012 john arumairaj (pw-28) made necessary application before the judicial magistrate no.ii, poonamalee and took police custody of the accused for seven days and interrogated him. ..... the back up can be kept in safe custody by wrapping it in anti static cover and should be sent to the sessions court at the time of committal. ..... however, we find sufficient force in the submission of the learned public prosecutor that the offence has been committed in a cool, calculated and gruesome manner. ..... after expiry of the period of police custody, the accused was sent back to judicial custody. ..... (o) the accused was produced before the jurisdictional magistrate by pallikaranai police in cr.n.925 of 2012 and was remanded to judicial custody on 14.5.2012. ..... dharkole, 2004 air scw 6241). 28. ..... , air 1963 m.p. .....
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