Court : Delhi
Reported in : AIR2007Delhi202; 2007(2)ARBLR239(Delhi); II(2007)BC610; 139(2007)DLT676
..... their lordships took note of the fact that section 43 of the a and c act envisaged the application of the limitation act, 1963 but in view of section 34 of the a and c act read with section 29(2) of the limitation act, 'the applicability of section 5 of limitation will stand excluded and the application for condensation of delay up to a period of 30 days can be made to the ..... are dated 31.7.2004 of which the supporting affidavit is dated 30.7.2004 they came to be eventually filed in the registry of this court on 7.8.2004 an application under section 34 of the a and c act read with section 5 of the limitation act for condensation of delay, which ought to have accompanied the objections, appears to have been filed on 4.10.2004 it is obvious, thereforee, that even though the award visited the appellant with a liability running ..... that their lordships pronounced in tecco trichy that section 14 of the limitation act, 1963 is applicable to the a and c act, 1996. ..... not intend to impart a punctilious or fastidiously formal connotation to the word 'delivered' employed in section 31(5) of the a and c act but nevertheless there must be substantial and authentic compliance there under obviously at the instance of the arbitral tribunal itself. ..... of the learned single judge passed on 9.12.2004 dismissing the appellant's objections under section 34 of the arbitration and conciliation act, 1996 (for short 'a and c act') on the grounds that they had been filed beyond the period stipulated by the statute. .....
Tag this Judgment!Court : Mumbai
Reported in : 1988(2)BomCR663
..... the order further mentions that whereas the government is of the opinion that the said person is unsuitable to be kept in the borstal school, therefore, under the powers vested in it under section 12 sub-section (1) of the bombay borstal school act and all other powers, the government of maharashtra by the said order commutes the unexpired period of detention in borstal school in respect of said balu to the term of imprisonment and further orders that the said period shall begin from the date ..... coming to the merits of the matter, it is essential to notice that under section 3(a) of the bombay borstal schools act 'borstal school' means a place in which young offenders, whilst detained in pursuance of the act, are given such industrial training and other instruction and are subjected to such disciplinary and moral influences as will conducive to their reformation and the prevention of crime. ..... however, we find that in the present petition the subsequent order passed by the state of maharashtra specifically under section 12 of the bombay borstal schools act, is challenged as illegal and against the provisions of articles 19 and 21 of the constitution of india. ..... in view of these fact and in view of the provisions under section 12 of the bombay borstal schools act, it is incumbent on the state before passing any order to take into consideration all relevant facts and pass proper order after application of mind. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1992(1)ALT644; 1992CriLJ2446
..... borstal school as contemplated under rule 98 of the criminal rules of practice, 1966 corresponding to rule 140 of the criminal rules of practice, 1990, which reads as follows : 'courts of session sentencing an offender who is not less than 16 and not more than 21 years of age to imprisonment for life shall consider whether a recommendation should be made to the government that the offender be detained in a borstal school under the provisions of the andhra pradesh borstal schools act ..... any offender who has been sentenced to transportation either before or after the passing of the madras borstal schools (amendment) act 1989, and who at the time of conviction was not less than 16 nor more than 21 years of age, might with advantage be detained in a borstal school, direct that such offender shall be transferred to a borstal school, there to serve the whole or any part of the unexpired residue of his sentence. ..... borstal schools act, 1925 (hereinafter referred to as the act ..... it reads thus : 'where a person detained in a borstal school is reported to the state government by the superintendent of such school to be incorrigible or be exercising a bad influence on the other inmates of the school or in the case of a person directed to be sent to a borstal schools before the commencement of the madras borstal schools amendment act, 1936, to be over twenty three years of age, the state government may commute the unexpired residue of the term of detention to such term of imprisonment of either .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1999(1)ALD110; 1999(1)ALT107; 1999CriLJ1425
..... power of state government to transfer offenders sentenced to transportation to borstal schools :--the state government may, if satisfied that any offender who has been sentenced to transportation either before or after the passing of the madras borstal schools (amendment) act, 1939 and who at the time of conviction was not less than 16 and not more than 21 years of age, might wilh advantage be detained in a borstal school, direct that such offender shall be transferred to a borstal school, there to serve the whole or any part of the ..... borstal schools act, 1925 (hereinafter referred as 'the act') as he was above 16 years and less than 21 years in age at the time of his conviction. ..... power of inspector-general to transfer prisoners to borstal school :--the inspector-general may, subject to rules made by the state government, if satisfied that any adolescent offender undergoing imprisonment in consequence of a sentence passed either before or after the passing of this act might with advantage be detained in a borstal school, direct that such person shall be transferred from prison to borstal school, there to serve the whole or any part of the unexpired residue of his sentence. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1991(3)ALT526
..... do not see any satisfactory reason to transfer the above said convict to borstal school under section 10-a of the borstal schools act, 1925 and accordingly order that he be retained in central prison, hyderabad ..... the appeal of the petitioner herein, the division bench recommended that the state government may pass appropriate orders under section 10-a of the andhra pradesh borstal schools act, 1925 (herein after referred to as 'the act'). ..... borstal school act, ..... borstal schools act, 1925 - central prison, hyderabad - ..... section 8 lays down that if it appears to the court having jurisdiction under the act that detention of an adolescent offender in borstal school would be conducive to his reformation, it may, in lieu of passing a sentence of imprisonment, pass a sentence of detention in a borstal school for a term which shall not be less than two years and shall not exceed five years, but in no case the detention shall be beyond the date on which the adolescent offender attains ..... to this, the learned government pleader for home contends that the act committed by the petitioner itself indicates that he does not deserve to be transferred to the borstal school from the central prison, hyderabad, where at present he is lodged ..... bench had called for the report of the district probation officer while disposing of the criminal appeal, it would have definitely, in exercise of the power under section 8 of the act, committed the petitioner to borstal school until he completed the age of 23 years. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(2)ALD(Cri)410; 2004CriLJ1263
..... borstal schools act ..... hence, the impugned judgment of the trial court, as also the conviction and the detention of the accused in the borstal school ordered thereby are all valid and legal and do not suffer from any factual, legal or inherent illegality or infirmity so as to warrant this appellate court, to interfere therewith on any such ..... under section 8 of that act, inter alia, an adolescent offender can be directed to be detained in the borstal school for a term which shall not be less than two years and shall not exceed five years, but, in the case, extending beyond the date on which the adolescent offender will in the ..... for consideration and determination by this appellate court, in this criminal appeal, will be, as under:--(1) whether the impugned judgment and the conviction and detention in borstal school, etc. ..... borstal school for three years is fully justified and warranted, ..... borstal school ..... borstal school, nizamabad, for a period of three years, for the purpose of reforming himself for getting proper training ..... the provisions of the juvenile justice (care and protection of children) act,2000, have no application, whatsoever, to the case on hand and the accused, because, that act came into legal force on 28-2-2001, while the alleged offence by the accused is proved to have been committed ..... so, therefore, as on the date of the proved offence on 18-1-2001, the juvenile justice act, 1986 was in force, and hence, the accused will be governed by the provisions thereof, if at all, .....
Tag this Judgment!Court : Chennai
Reported in : 2000(3)CTC123
..... any adolescent offender, who was convicted of a capital offence but sentenced to imprisonment for life in respect of whom an order is made under section 10-a of the tamil nadu borstal schools act in a borstal school or in any other kind of detention after he has attained 23 years of age.18. ..... 10-a of the tamil nadu borstal schools act, if an adolescent offender is convicted for capital punishment, he can be detained in a borstal school and he cannot be sentenced ..... the act to a borstal school is to remain there until he serves out the entire period of imprisonment for life, the borstal school would soon become a prison consisting of 'lifers' and its other inmates who are detained under section 8 of the act would be keeping company with the adolescent offenders, thus defeating the very object of establishing a borstal school. ..... a borstal school under section 10-a of the act is to be retransferred to the prison after he serves out the full term of detention in the school, it will defeat the very object and purpose of the act.17. ..... held that if the accused has crossed the maximum age of detention in a approved school, the only course to be followed is to sustain his conviction but quash the sentence ..... vallabhapuram ravi, : 1984crilj1511 , held that the object of the legislation is to reform the - offenders who have committed acts visiting them with the penalty of undergoing prison life when they were between 16 and 21 years of age and that is sought to be achieved by taking them away from .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1955AP118; 1955CriLJ917
..... on 1st accused reduced to transportation for life and case remanded for action under borstal schools act. ..... 10-a, borstal schools act is really intended to govern the case of such ..... 10-a and to commit him to the borstal school for such period as they think fit.conviction ..... it reads'whoever attempts to commit an offence punishable by this code with transporatioin of imprisonment or to cause such an offence to the committed and in such attempt does not act towards the commission of the offence, shall, where no express provision is made by this code for the punishment of such attempt, be punished with transportation or imprisonment of any description provided for the offence for a term of transporation ..... in the case of hesitation, there is a mental conflict whether to do or not to do an act, but, in the case of unsteadiness, there is a determination to do the act; we cannot therefore, agree with the learned counsel that there was any hestiation on the part of the 2nd accused to shoot the deceased at the time when the 1st accused took the gun out ..... if the accused intended that the natural consequence of his act should result in death but was frustrated only by extraneous circumstances, he would be guility of an attempt to commit the offence of ..... the facts of the case, we hold that the 2nd accused did an act towards the commission of an offence within the meaning of s. ..... it is a real distinction.the crucial test is whether the last act, is uninterrupted and successful, would constitute a crime. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1952Mad172; (1951)1MLJ679
..... latter case i too was a party, it has been held that the words 'criminal tendencies' occurring in section 8 of the madras borstal schools act should not be given a narrow interpretation and that section 8 should be interpreted to mean that whenever an adolescent offender has been convicted of an offence he should ordinarily be given the advantage of being put in the borstal school so that by the training therein he should become a useful citizen of the country, and that a 'criminal tendency' does not ..... the learned counsel for the appellant next urged that this was a fit case for applying section 8 of the borstal schools act to this appellant, who was only 18 or 19 years old, and who was proved by his act itself to be of criminal tendencies and to have been associated with contankerous persons. ..... manifest itself only in acts involving dishonesty, such as theft or cheating, and that it can be inferred also in a person who, owing to lack of self-control or as a result of his environment or ..... did not consider it fit to apply section 562, criminal procedure code to this appellant, and does not seem to have considered the applicability of section 8 of the borstal schools act.3. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1956Bom267
..... the learned judge also has given good reasons for not using the provisions of the borstal schools act in this case. ..... the accused as well as the deceased harshabhai were residents of vaso village and were studying in an english school in that village. ..... as he was, therefore, a few months older than 16 years, he could not be given the benefit of the bombay childrens act. .....
Tag this Judgment!