Judgment Search Results Home > Cases Phrase: code of criminal procedure 1973 amending act 3 criminal law amendment act 2005 Court: allahabad Page 1 of about 202 results (0.243 seconds)

Bijendra @ Virendra Son of Mukandi Lal, Vs. State of U.P. and Manoj Ku ...

Court : Allahabad

Reported in : 2006CriLJ2253

..... by code of criminal procedure (amendment) act 2005 (act no. ..... with bail in non bailable offence by a court and was bracketed into three sub-sections -section 497(1) to section 497(3) by code of, criminal procedure (amendment) act 1923 ( act xviii of 1923) the words' the offence of which he is accused' in sub-section (1) of section 497 of the old code was substituted by the words 'an offence punishable with death or transportation for life' and the proviso - 'provided that court may direct that any person under the age of sixteen years or any ..... section 496 dealt with offence in which bail could have been granted which is akin to section 436 of code of criminal procedure 1973, herein after referred to as the new code. ..... court in the aforesaid judgment of prahlad singh bhati (supra) that it would be proper and appropriate that in such case the magistrate directs the accused persons to approach court of sessions for purposes of getting relief of bail is the law laid down by the supreme court and therefore, anything contrary to it will be illegal.25. after hearing the learned counsels for the both sides at a great length and after analyzing section 437 cr. p. ..... 2 of 1974), enforced on 25.1.1974, code of criminal procedure 1973 came into being, old chapter xxxix of 1898 code regarding bail is bracketed under chapter xxxiii of new code titled as 'provisions as to bail and bail bonds' and it encompasses 18 sections, from section 436 to section 450 cr. p. c. .....

M/S. Mohit Paper Mills Ltd. and Another Pvvnl and Others

Court : Allahabad

..... (2) (e) notwithstanding anything contained in the code of criminal procedure 1973, every special court may take cognizance of an offence referred to in sections 135 to 139 of the act without the accused being committed to it for ..... as per the provisions of the act and in accordance with the order dated 8.6.2005 of ministry of power under electricity rules 2005 issued under power to remove difficulties and electricity (amendment) act 2007, the procedure in clause 8.1 above and as provided herein, does not absolve the authorized officer of the licensee or supplier, from lodging the complaint in a police station within 24 hours from the time of ..... questions would also arise since this would be the foundation for proceeding ahead and to give rise to the above three questions; would be, (1) whether allegation of theft against petitioners has been established as required in law and/or the assessment has been made on proven facts or pure conjectures and surmises going to the extent of suspicion, may be strong, and (2) what would be the nature and extent of proof in ..... defined: (1) oxford advanced learner's dictionary (seventh edition) published by oxford university press: "an action, an object or a system by which a result is achieved; a way of achieving or doing (2) black's law dictionary (5th edition): "that through which, or by the help of which, an end is attained; something tending to an object desired; intermediate agency or measure, necessary condition or co-agent; instrument. ... .....

M.R. Melhotra and anr. Vs. State

Court : Allahabad

Reported in : AIR1958All492; 1958CriLJ834

..... sections 252 to 259 of the code of criminal procedure, the interpretation of the expression 'the procedure prescribed by the code of criminal procedure for the trial of warrant cases by magistrates' used in sub-section (1) of section 8 of the criminal law amendment act, 1952, must also be that it is the provisions of section 251-a and sections 252 to 259 which have been made applicable to the trial of cases by a special judge appointed under the criminal law amendment act, 1952.section 350 of the code of criminal procedure is not included in chapter xxi of the code of criminal procedure nor is it one of the sections ..... which, in view of the language of section 251 of the code of criminal procedure, can .....

R.R. Chari and anr. Vs. State

Court : Allahabad

Reported in : AIR1959All149; 1959CriLJ268

..... this act seeks, as its preamble says, to amend the indian penal code and the code of criminal procedure and to provide for a more ..... amends the code of criminal procedure by extending the scope of recording statements and confessions in the course of investigation and of tendering pardon to accomplices in the course of inquiries and trials so as to make both applicable to the offences dealt with by the act ..... in support of this argument he referred to section 7(1) of the act, which runs as follows: 'notwithstanding anything contained in the code of criminal procedure 1898 (act v of 1898) or in any other law the offences specified in sub-section (1) of section 6 shall be ..... that, barring that part of the criminal law amendment act which amends the indian penal code, the rest of the act is procedural and therefore applicable retrospectively. ..... the passing of an order of commitment, being a condition precedent to the cognizance of an offence being taken by a court of session, entitles the accused so committed to be tried by a court of session; but the act leaves that right intact since it provides in sub-section (3) of section 8 that for the purposes of the provisions of the code of criminal procedure the court of the special judge shall be deemed to be a court of session. ..... the above cited procedural provision regarding the case being triable by the special judge only, contained in section 7(1) of the criminal law amendment act, would be applicable provided its retrospective application .....

State of Uttar Pradesh Vs. Sat NaraIn and ors.

Court : Allahabad

Reported in : AIR1959All218; 1959CriLJ409

..... 3854(ii)/vi-767-57 dated 13-12-1957 and in exercise of the powers conferred by sub-section (2) of section 9 of the code of criminal procedure, 1898 (act v of 1898), the governor is pleased to direct that sri a. c. ..... court's jurisdiction because a special judge could not be appointed except in relation to an area or areas.in view of what we have said above it is perfectly plain to us that the purported appointment of sri bansal as a special judge under section 6 (a) of the criminal law amendment act of 1952 was on invalid appointment and that as such sri bansal could not function as a special judge in relation to the case which he had been asked to decide, i.e ..... bansal was appointed a special judge, under the provisions of the criminal law amendment act was itself bad, so that if the appointment of sri bansal as a special judge was bad in law, then the question as to where sri bansal was to function for the purpose of deciding the case for which he had been appointed a special judge did not, in our opinion, arise for determination ..... sri bansal's appointment as a special judge was made, as we have already indicated, under the provisions of section 6 (1) of the criminal law amendment act, section 6 (1) of the criminal law amendment act is in these words :'the state government may, by notification in the official gazette, appoint as many special judges as may be necessary for such 'area or areas' as may he specified in the notification to try the following offences, namely : (it is not .....

Gaya Prasad Misra Vs. the State of Uttar Pradesh and ors.

Court : Allahabad

Reported in : AIR1960All618; 1960CriLJ1290

..... the provisions of section 173 and also of section 190 of the code of criminal procedure are admittedly applicable to offence triable exclusively by courts of session.an offence triable by special judge under section 7 of the criminal law (amendment) act, 1952, stands on an identical footing and the mere prohibition against trial of those offences by other than special judges does not in our opinion affect the applicability of section 173; in other words, affect the power of ..... admittedly the criminal law (amendment) act, by which exclusively jurisdiction to try such offences was vested, in the special judges alone has not made any amendment in section 173 of the code of criminal procedure. ..... above provisions and the fact that an offence under section 161 and similarly under sub-section (2) of section 5 of the prevention of corruption act, 1947, is triable by a special judge only, one of the objections which the petitioner has taken is that the final report under section 173 of the code of criminal procedure should have been referred in the above case to the special judge and not to the district magistrate as the former alone was competent ..... this is clear from the opening words of the sub-section which provides-'notwithstanding anything contained in the code of criminal procedure, 1898, or in any other law, the offences specified in sub-section (1) of section 6 shall be triable by special judges only. .....

The State Vs. Pyarey Mohan Lal Srivastava

Court : Allahabad

Reported in : AIR1953All694

..... section 7 of the criminal law amendment act of 1952 is in these words : '7(1) notwithstanding anything contained inthe code of criminal procedure 1898 (act 5of 1898) or in any other law the offencesspecified in sub-section (1) of section 6 shall be triableby special judges only ..... ' if the intention of the legislature was that sessions trials involving offences mentioned in section 6 of the criminal law amendment act were also to be so transferred to the file of the special judge then it would have been clearly put down by the legislature in this section or in some other ..... application in revision by the state against an order of the learned sessions judge of lucknow holding that by virtue of section 7 of the criminal law amendment act (act 46 of 1952), he had no jurisdiction to continue the trial of the case. ..... there is, we find, no provision in the criminal law amendment act (act 46 of 1952) whereby a judge seized of a sessions trial has been authorized or directed to send such a case to a special judge, under the scheme of this amendment, trials by special judges commence on a commitment made to them in that behalf ..... the fact that special judges were to have exclusive jurisdiction from the moment the act came into force in respect of offences mentioned in section 6 of the criminal law amendment act and no more. 6. ..... a reading of section 7 of the criminal law amendment act which we have quoted earlier in this judgment indicates to us that the section has not been made retrospective by .....

Virendra Singh and ors. Vs. State of U.P. and ors.

Court : Allahabad

Reported in : 2002CriLJ4265

..... punishable under sections 186, 188, 189, 190, 228, 295a, 298, 505, 506 or 507 of the indian penal code, when committed in any area specified in the notification shall, notwithstanding anything contained in the code of criminal procedure, 1898, be cognizable, and thereupon the code of criminal procedure, 1898, shall, while such notification remains in force, be deemed to be amended accordingly.section 10(2) of the act states :(2) the (state government may, in like manner and subject to the like conditions, and with the like ..... 10 of 1897) and in suppression of the notifications issued in this behalf; the governor is pleased to declare that any offence punishable under section 506 of the indian penal code when committed in any district of uttar pradesh, shall notwithstanding anything contained in the code of criminal procedure, 1973 (act no. ..... section 10 of the criminal law amendment act, 1932 does not give power to the state government to amend by a notification any part of the criminal procedure code 1973. .....

Om Prakash Dwivedi Vs. the State

Court : Allahabad

Reported in : 1996CriLJ603

..... quite obviously, the object behind article 22(1) of the constitution and section 50 of the code of criminal procedure is as mentioned in the following observations of supreme court in madhu limaye's case (1969 cri lj 1440 at p ..... his submission was that, if reasons for arrest and detention are not disclosed to the accused as required by article 22(1) of the constitution and section 50 of the code of criminal procedure, the detention will be illegal and the accussed will be entitled to bail. ..... accordingly, the submission of the learned counsel for the applicant that provisions of article 22 of the constitution or section 50 of the code of criminal procedure have been violated cannot be accepted.12. ..... be held that if the accused is apprehended at the spot while committing the crime, handed over to the police and detained, this detention cannot be challenged on the ground that provisions of article 22 of the constitution or section 50 of the code of criminal procedure have not been complied with. ..... the submission of the learned counsel for the applicant that if detention is in violation of the provisions contained in article 22(1) of the constitution or section 50 of the code of criminal procedure, the detention will be illegal and the applicant will be entitled to bail is quite correct and it has been so laid down in the decisions relied upon by him, not so the inference that in the present case the ..... 1156 of 1993, under sections 307/332 ipc and section 7 criminal laws amendment act, p. s. .....

Smt. Balvinder Kaur Vs. Sardar Gurmeet Singh

Court : Allahabad

Reported in : 1998(4)AWC104

..... 1973 (2 of 1974) for under the corresponding section 498 of the code of criminal procedure ..... of rape, sodomy or (bestiality ; or) (iii) that in suit under section 18 of the hindu adoptions and maintenance act, 1956 (78 of 1956), or in a proceeding under section 125 of the code of criminal procedure. ..... before or after the commencement of the marriage laws (amendment) act, 1976 (68 of 1976).' 11. ..... her parents ; each time when she went to her parents she took with her some articles of his house and handed over them to her parents : on coming to know of the aforementioned acts he asked her not to do so but she refused to listen, rather she became more furious ; ultimately in the night of 28.12.1990 she left his house and went to her house with all ..... of divorce by dissolving their marriage ; he is also entitled for the said decree on the grounds of cruelty and mental torture ; he has been even to meet him, which is also an act of extreme cruelty on her part, the cause of action had accrued, firstly, on 30.4.1989 and thereafter on each day when she extended her cruel behaviour towards him and on 15.9.1992 when she of her. ..... may also present a petition for the dissolution of her marriage by a decree of divorce on the ground : (i) in the case of any marriage solemnized before the commencement of this act, that the husband had married again before such commencement or that any other wife of the husband married before such commencement was alive at the time of the solemnization of the marriage .....