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In Re: 122 Prisoners

Court : Kerala

Reported in : 2007CriLJ3241; 2006(4)KLT597

..... such production without fail.3) the registrar general of this court shall issue necessary directions to all the criminal courts in the state, alerting them to invoke provisions laid down in the criminal law (amendment) act, 2005 relating to 'plea-bargaining' in appropriate cases, especially in cases involving prisoners and also application of section 437(6) of the code, in the light of the observations made in this order.4) the principal sessions judges and the chief ..... (vide ' the criminal law (amendment act) 2005 (2 of 2006 ..... of prosecutions and assistant public prosecutors in the state to do all what is necessary from their part, to take up fruitful steps for the application of the provisions contained in the amendment act relating to 'plea-bargaining' in appropriate cases in which prisoners are involved.16. ..... for more than one half of, or the maximum period prescribed as the punishment for the offence alleged against the prisoner, subject to the provision contained in section 436a of the code, and also for application of section 437(6) of the code, in appropriate cases in the light of the observations made in this order.5) the registrar general of this court shall also send copy of the statement dated 20.09.06 filed by the ..... of the proceedings in appropriate cases, without going through the ordinary time-consuming procedure in a trial. ..... is accountable and the state is responsible if the person in custody is deprived of his life except according to the procedure established by law.6. .....

Virbhadra Singh & Anr vs.enforcement Directorate & Anr

Court : Delhi

..... lead to the conclusion that he has no power to investigate into a non-cognizable offence under the customs act, it being a special law not controlled, for such purposes by the general law relating to the powers of police to investigate, as stipulated in chapter xii of the code of criminal procedure, 1973 (sections 154 to 176).66 ..... by the prevention of money-laundering (amendment) act, 2005 (act no.20 of 2005), the clause contained in section 45(1)(a) ..... the petitioners to above effect primarily arise from amendment of the prevention of money-laundering act, 2002 by the prevention of money-laundering (amendment) act, 2005 (act 20 of 2005), particularly of the provision contained in section ..... however, also revolves around the fact that clause (a) of section 45(1) was deleted by the parliament while amending the law in 2005 ..... bench dismissed the petition holding, inter alia, that pmla is a complete code which overrides the general law while rejecting the contention that by the amendment of 2005, the offence of money- laundering had been rendered non- ..... the above, it must be concluded that notwithstanding the deletion of clause (a) of the then existing sub- section (1) of section 45 pmla, by the amendment of 2005, the offences under pmla continue to be "cognizable" in the sense that a person respecting whom there is a reason to believe to be guilty for such offence may be arrested by the officer empowered by the law in terms of section 19 without the need of obtaining warrant of arrest from the .....

State of Sikkim Vs. Sangay Sherpa

Court : Sikkim

..... it is expected that the trial courts will take note of section 436-a of the code of criminal procedure, 1973, inserted by the cr.p.c. ..... (amendment act) 2005 that was brought into force with effect from 23-06-2006. 24. ..... considering the above fact, interest of justice will be served if his sentence is limited to 2 years simple imprisonment which is the optimum period of imprisonment prescribed under the law which shall be set off from the period of custody the respondent/accused has already undergone. 25. ..... as she was not found in and around, my husband went in search for her towards upper ripdey while my son-in-law passang sherpa and my youngest daughter nim chikey sherpa went towards new cutting road. ..... pw1 phurba sherpa, the father of the victim, pw2 passang dawa sherpa, the sister-in-law, pw3, pem chikey sherpa, the mother, pw5 nim chikey sherpa, sister and pw6 lalit tamang a neighbor of the victim respectively have in no uncertain terms corroborated each other of the fact that on 22.03.2009 the ..... in the present case, pw1 is the father, pw2 is the sister-in-law, pw3 is the mother, pw5 is the elder sister and pw6 is the neighbor of the victim pw4 and, there cannot be better persons than them to interpret her evidence. 16. ..... as i was ashamed i could not disclose the same to my parents in law so i left the victim with her parents and i saw her gesticulating and informing her parents of the incident. ............................. .....

K. Anbazhagan Vs. State of Karnataka, by its Chief Secretary, Governme ...

Court : Karnataka

..... police and others and in exercise of the powers conferred by sub-section (8) of section 24 of the code of criminal procedure, 1973 (central act no.2 of 1974) as amended by the code of the criminal procedure (amendment act 1978) and rule 30 of the karnataka law officers (appointment and conditions of service) rules 1977 sri b.v. ..... and others and in exercise of the powers conferred by sub-section (8) of section 24 of the code of criminal procedure, 1973 (central act no.2 of 1974) as amended by the code of the criminal procedure (amendment act 1978) and rule 30 of the karnataka law officers (appointment and conditions of service) rules, 1977 sri g. ..... the government of karnataka in obedience to the aforesaid judgment dated 18th november, 2003 issued a notification dated 19th february, 2005 constituting xxxvi additional city civil and sessions court as a special court to try the said case and the said case was renumbered ..... pursuance of the order of the supreme court, the state of karnataka issued notification dated 19.2.2005, under section 24(8) of the code, which reads as under: notification in obedience of the judgment dated 18.11.2003 passed by the supreme court of india in transfer petition (criminal) nos. ..... aforesaid two judgments, the constitution bench of the apex court in the case of prakash kumar vs state of gujarat [(2005) 2 scc 409] held as under:- 30. ..... obedience to the said direction, the state of karnataka first issued a notification dated 19th february, 2005 appointing sri. b.v. .....

K Anbazhagan Vs. The State of Karnataka

Court : Karnataka

..... the superintendent of police and others and in exercise of the powers conferred by sub-section (8) of section 24 of the code of criminal procedure, 1973 (central act no.2 of 1974) as amended by the code of the criminal procedure (amendment act 1978) and rule 30 of the karnataka law officers (appointment and 41 conditions of service) rules 1977 sri b.v.acharya, senior advocate and former advocate general of karnataka, no.42, 5th main, jayamahal extension, bangalore 560 041, is appointed as public prosecutor to ..... in pursuance of the order of the supreme court, the state of karnataka issued notification dated 19.2.2005, under section 24(8) of the code, which reads as under: notification in obedience of the judgment dated 18.11.2003 passed by the supreme court of india in transfer petition (criminal) nos.77- 78/2003 in the matter of k. ..... the government of karnataka in obedience to the aforesaid judgment dated 18th november, 2003 issued a 7 notification dated 19th february, 2005 constituting xxxvi additional city civil and sessions court as a special court to try the said case and the said case was renumbered as ..... in obedience to the said direction, the state of 28 karnataka first issued a notification dated 19th february, 2005 appointing sri.b.v.acharya, senior advocate and former advocate general of karnataka as a public prosecutor. ..... aforesaid two judgments, the constitution bench of the apex court in the case of prakash kumar vs state of gujarat [(2005) 2 scc409 held as under : - 30. .....

Rohit Tandon Vs. The Enforcement Directorate

Court : Supreme Court of India

..... 01.07.2005 are non cognizable offences and therefore, it is mandatory to comply with the provisions of sections 155, 177(1) and 172 of the code of criminal procedure, 1973 and declare that the law laid down by the division bench of the hon ble delhi high court in its judgment dated 27.4.2016 (reported in 2016 scc online delhi 2493) and by the hon ble gujarat high court in rakesh manekchand ..... 1 dated 24.06.2017 filed by the crime branch, new delhi alleging commission of offences under sections 420/188/109/120b/34 ipc and section 12 of the prevention of corruption act, 1988 (none of which were under part a of the schedule prior to the prevention of money laundering (amendment) act, 2012 (act 2 of 2013) and formed part of part b of the schedule; issue a writ of mandamus or any other appropriate writ, order or direction declaring the continued incarceration of the petitioner since 28.12.2016 ..... in 21 ecir/18/dz ii/2016/ad dated 26.12.2016 under section 3/4 of the prevention of money laundering act, 2002 is illegal, unconstitutional and in violation of the fundamental right of the petitioner guaranteed and protected under article 21 of the constitution of india; issue a writ of mandamus or any other appropriate writ, order or direction in the nature of mandamus declaring that the offences under the prevention of money laundering act, 2002 (act 15 of 2003) pursuant to the prevention of money laundering (amendment) act, 2005 (act 20 of 2005) which came into force w.e.f. .....

Rameshwara Jute Mills Limited Vs. Sushil Kumar Daga and ors.

Court : Kolkata

Reported in : 2009CriLJ2727

..... the relevant amendment to section 202 of the code was introduced by the code of criminal procedure (amendment) act, 2005 (act 25 of 2005) and the following lines were introduced which is set out below:and shall, in a case where the accused is residing at a place beyond the area in which he axercises his jurisdiction.10. ..... : 1984 cri lj 647 (supra), five judges bench of hon'ble supreme court while considering the scope of the provisions of criminal law amendment act, 1952 and while upholding the decision of high court that a private complaint in-connection with the offence falling under the amended act is maintainable, made the following observation which in my view is very relevant for the purpose of present discussion:punishment of the offender in the interest of the society being one of the objects behind ..... two judge bench of the hon'ble supreme court while interpreting the provision of haryapa urban (control of rent and eviction) act, 1973 and the rules framed thereunder held at para 31 of the aforesaid decision, which is set out below:31. ..... workers union : air 1973 sc 883 (supra) the hon'ble supreme court in connection with a case under the provisions of bombay industrial relations act and the employees state insurance act held that the word 'shall' does not always denote mandatory character. ..... workers union reported in : (1973) 3 scc 546 : air 1973 sc 883.2. .....

Anjan De Vs. State of West Bengal and anr.

Court : Kolkata

Reported in : (2008)1CALLT486(HC)

..... the learned counsel appearing on behalf of the petitioner submits that after the amendment of section 151 of the electricity act in the year 2007, court may also take cognizance of an offence punishable under the act upon report of a police officer filed under section 173 of the code of criminal procedure, 1973. ..... 2 that the amendment of section 151 of the electricity act will not be retrospective, in as much as, a specific date has been mentioned in the amending act itself and, as such, the cognizance taken by the learned court below prior to the amending act was bad in law. ..... 23 dated 10.02.2005 under section 135/138 of the electricity act, 2003 thereby acquitting the opposite party ..... learned counsel further submits that the electric line was disconnected on 08.04.2002 which was re-connected on 10.02.2005 and the police after completion of the investigation submitted charge sheet under section 135/138 of the electricity act. ..... it is further alleged that on 10.02.2005 in between 13-15 hours and 13-40 hours a special team along with the police raided the said premises and found that the consumer of the said meter had reconnected the supply of the industrial meter, ..... learned judge observed that order of injunction was passed on 09.02.2005 by the learned civil judge, junior division, 1st court, sealdah and being dissatisfied with the same, the instant case was registered on 10.02.2005. ..... is alleged that the meter was disconnected on 08.04.2002 and thereafter re-connected on 10.02.2005. .....

High Court of Punjab and Haryana at Vs. M/S. Atma Tube Products Ltd. a ...

Court : Punjab and Haryana

..... further, let there be a special reference to those decisions of the hon ble supreme court which built up the victim s right brick by brick, revolutionalised the conventional criminal justice system and sensitized its stakeholders.notwithstanding the fact crm-790-ma-2010 final - 11 - that statutory initiatives through the desired amendments in the code of criminal procedure, 1973 (in short, the code ) were still illusory. ..... manner as permitted by section 378, no appeal could lie against an order of acquittal in view of the express embargo created by section 372 according to which no appeal shall lie from any judgement or order of a criminal court except as provided for by this code or by any other law for the time being in force .the code of criminal procedure (amendment) act, 2005:2005. ..... code of criminal procedure, 1973 came into being on january 25, 1974 repealing the code of criminal procedure ..... and width of the right to appeal bestowed on the victim of a crime through the amendment(s) carried out in the code of criminal procedure, 1973 by act no.5 of 2009 w.e.f.december 31, 2009 is still eluded of unanimity amongst different high courts ..... that the right to appeal against acquittal has seen roller-coaster like changes ranging from the no right to appeal [1861].to the unconditional right to appeal [1898].followed by a conditional right to appeal [1973 code].and again unconditional right to appeal in some of the cases to be filed in the court of session [2005].in favour of the state. .....

Md. Abdul Sufan Laskar and ors. Vs. State of Assam

Court : Supreme Court of India

Reported in : JT2008(9)SC252; 2009(I)OLR(SC)229; 2008(11)SCALE620; (2008)9SCC333; 2009(1)ShimLC123; 2008AIRSCW5755

..... is no doubt true as stated by the learned counsel for the appellants even at the time of preliminary hearing of this matter that by the code of criminal procedure (amendment) act, 2005 (act 25 of 2005) the above entry has been deleted. ..... the amendment act of 2005 came into force from june 23, ..... in the statement under section 313 of the code of criminal procedure, 1973 (hereinafter referred to as `the code'), the accused denied the incident and involvement in any manner whatsoever ..... said entry read as under: table offence section of person by whom the indian offence may be penal code compounded applicable 1 2 3 voluntarily 324 the person to causing hurt by whom hurt is dangerous weapons caused ..... compounding of an offence signifies that the person against whom an offence has been committed has received some gratification to an act as an inducement for his abstaining from proceeding further with the case [vinjay devanna nayak v. ..... is equally the duty of a court of law administrating criminal justice to punish a criminal.12. ..... other offences, on the other hand, are not so serious and the law may allow the parties to settle them by entering into a compromise. ..... similarly, offences punishable under laws other than the indian penal code also cannot be compounded ..... matter, entered into settlement and an application is made to that effect praying therein that compounding may be ordered for offences punishable under sections 147 and 324, ipc and an appropriate order in accordance with law may be passed. .....