Judgment Search Results Home > Cases Phrase: code of criminal procedure 1973 amending act 3 criminal law amendment act 2005 Court: kerala Page 1 of about 398 results (0.252 seconds)

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. .....

Siyad Vs. State of Kerala

Court : Kerala

Reported in : 2006CriLJ671; 2005(4)KLT590

..... offences to be cognizable and nonbailable:(1) notwithstanding anything contained in the code of criminal procedure, 1973 (2 of 1974) --(a) every offence punishable under this act shall be cognizable;(b) no person accused of an offence punishable for offences under section 19 or section 24 or section 27a and also for offences involving commercial quantity shall be released on bail or on his own bond unless--(i) the public ..... limitations on granting of bail specified in clause (b) of sub-section (i) are in addition to the limitations under the code of criminal procedure, 1973 (2 of 1974) or any other law for the time being in force, on granting of bail.'2. c.d. ..... that even though, initially, the crime was registered under section 22(a) of the act, it was amended later under sections 22(b) and section 18(c) of the act read with section 27a of the drags and cosmetics act, 1940. ..... 1055 issued in terms of clause vii (a) and sub-section (xiiia) of section 2 of the act stipulates what is 'small quantity' and what is 'commercial quantity' and referred to clause 169 wherein small quantity is below ..... punishment for contravention in relation to psychotropic substance's:-- whoever, in contravention of any provision of this act or any rule or order made or condition of licence granted thereunder, manufactures, possesses, sells, purchases, transports, imports inter-state, exports inter-state or uses any psychotropic substances shall be punishable--(a) where the contravention ..... arrested on 25-6-2005. .....

K.G. Premshanker Vs. Inspector of Police, C.B.i. and anr.

Court : Kerala

Reported in : 2007(3)KLJ721

..... issuance of orders sanctioning prosecution of a public servant under the code of criminal procedure, 1973 (central act 2 of 1974) or and the prevention of corruption act, 1988 (central act 49 of 1988) placing him under suspension and finalising the disciplinary proceedings against him under the relevant rules and orders in pursuance of a vigilance enquiry contemplated initiated against ..... of the government of the state, and for the allocation among ministers of the said business in so far as it is not business with respect to which the governor is by or under the constitution required to act in his discretion.thus, a combined reading of article 154 and 166 of the constitution will show that all executive action of the state government shall be expressed to be taken in the name of the governor and ..... was accordingly issued by the commissioner and secretary (home and vigilance) and the files in this regard were circulated to the law secretary and chief secretary both of whom had approved the same, the argument raised by the revision petitioner assailing the authority of the commissioner and secretary (home and vigilance) ..... hence, the above notification by which the rules of business of the government of kerala was amended with effect from 23-4-1994 investing the commissioner and secretary, home and vigilance department with the power to issue prosecution sanction, will not cloth the said ..... 2005 ..... 2290 of 2005 was filed by the revision petitioner before this court challenging the ..... 2005 .....

Hdfc Bank Ltd. Vs. V.Premachandra Kamath

Court : Kerala

..... for the petitioners contended that section 202 of the code of criminal procedure 1973, (shortly stated 'cr.p.c') underwent amendment by act 25 of 2005 which came into force on 23-06-2006. ..... in this case, even if the entire allegations in the complaint are taken as true, no criminal offence is attracted against the petitioners, contended by the learned crl.m.c.no.1255 of 2012 4 counsel for ..... 30 of the decision, it is contended that vicarious liability can be fastened in a criminal case only by reason of a provision of the statute and not otherwise. ..... the grievance of the complainant that there had been a criminal breach of trust and issuance of false certificate could be only attributed at any rate to the first accused bank, represented by ..... learned counsel for the petitioner, accused 2 to 5 are persons, admittedly residing outside the jurisdiction of the court and no offence can be taken cognizance of against them without following the procedure mentioned in section 202 cr.p.c. ..... since the learned magistrate committed violation of law in taking cognizance of the case, i find that the action of taking cognizance is liable to be ..... after the amendment, any magistrate on receipt of a complaint of an offence shall, in a case where the accused is residing at a place beyond the area in which he exercises jurisdiction, postpone the issue of process against the accused, and either ..... below shall dispose of the matter in accordance with law, untrammeled by observations contained in this order. .....

T.C. Chacko Vs. Annamma and ors.

Court : Kerala

Reported in : AIR1994Ker107

..... and deserted by him; the guardians or overseers of the union or parish, the charges of which had been increased by his wrongdoing, alone could bring the offender to justice under the poor law (amendment) act, 1868, and recover the cost of her maintenance, and the justice in making their order were not limited by the amount already allowed by the guardians, or obliged to wait till the sum was ..... said that the character of the stridhanam being in the nature of a payment intrust and a suit for recovery of that amount is not governed by any specific article of the limitation act, the residuary article 113 will apply and that the period starts from the time the right to sue accrues and further found a right to sue in the case is equivalent of ..... more concerned about the application of the correct article applicable in the case and ultimately found that when a girl's father paid to her father-in-law stridhanam at the time of her marriage and after the death of the girl's father-in-law all his properties were partitioned amongst his daughter and sons, the girl being aware of the partition, that would be sufficient to constitute knowledge of ..... a division bench of the madras high court observed that it is not necessary that the purpose under section 10 of the limitation act should only find an express mention in a formal document and the words that the property should have become vested in the trustee ..... created by the criminal law is certainly applicable ..... the oriental code of canon law.11. .....

Banwarilal Jhunjhunwalla and ors. Vs. Union of India (Uoi)

Court : Kerala

Reported in : AIR1959Ker311; 1959CriLJ1172

..... are so tried by one court rather than that they should be tried separately by separate courts merely because the venue of the several offences happens to fall in different limits.it might well be that section 7 (3) of the criminal law amendment act, 3952, was designed to supply the lacuna in the criminal procedure code, and to achieve this object in respect of cases falling within the scope of that act, and it is to be noted that section 7(2) which insists on territorial jurisdiction applies only to offences specified in section 6(1). ..... definition of 'offence' in section 4(1) of the criminal procedure code there can be little doubt that the rules in chapter xv thereof determine the place of inquiry or trial in respect of all offences, whether under the general law or under any special or local law, except to the extent that they are excluded under section 1 (2) by reason of any special form of procedure prescribed or any special jurisdiction or power conferred by any other law.the question then is whether section 7 (2) of the criminal law amendment act, 1952, makes special and .....

Asokan Vs. State of Kerala

Court : Kerala

Reported in : 2005CriLJ3848; 2005(3)KLT770

..... the code of criminal procedure was amended in the year 1973. ..... further inquiry in the case,--(a) commit it for trial--(i) to the court of session if the offence is triable exclusively by that court or if the magistrate taking cognizance is the chief judicial magistrate;(ii) to a court of special judge appointed under the criminal law amendment act, 1952 (46 of 1952), if the offence is triable exclusively by that court;(b) in any other case, make over the case to the chief judicial magistrate who shall try the case himself'.in view of the provisions contained in section ..... it is the contention of the appellants that in those cases where the accused had cross-examined the approver, it was not as of right within the meaning of the second limb of the proviso to section 33 of the evidence act and that in those cases where the accused had not cross-examined the approver they had neither the right nor the opportunity to cross-examine the approver within the meaning of the above ..... the counsel appearing for the appellants in all these appeals raised a contention before the learned single judge that the principle laid down in mdnu surendran's case (supra) is no longer good law and requires reconsideration (incidently, monu surendran has also filed an appeal and that is also being considered along with these appeals). .....

R. Balakrishna Pillai Vs. the State and anr.

Court : Kerala

Reported in : 1995CriLJ963

..... to counsel there is no provision in the criminal law amendment act of 1952 which is inconsistent with the provisions contained in section 197 of the code of criminal procedure and as such that section shall apply to proceeding before a special judge appointed under the prevention of corruption act. ..... sub-section (3) of that section reads:save as provided in sub-section (1) or subsection (2), the provisions of the code of criminal procedure, 1898 shall, so far as they are not inconsistent with this act, apply to the proceedings before a special judge; and for the purposes of the said provisions, the court of the special judge shall be deemed to be a court of sessions trying cases without a jury or without the aid of ..... that only provides that the provisions of the criminal procedure code 1898 so far as they are not inconsistent with the criminal law amendment act 1952 shall apply to the proceedings before a special judge and for the purposes of the said provision the court of the special shall be deemed to be a court of session trying cases without a jury or without the aid ..... bench has also drawn attention to the provision in section 5 of the code of criminal procedure which says that nothing contained in the code shall in the absence of a specific provisions to the contrary, affect any special or local law for the time being in force. ..... support of his contention that section 197 of the code is applicable counsel has drawn attention to section 8 of the criminal law amendment act 1952. .....

Dr. V.K. Rajan Vs. State of Kerala

Court : Kerala

Reported in : 2008CriLJ909

..... act is as follows:(3) save as provided in sub-section (1) or sub-section (2), the provisions of the code of criminal procedure, 1973 (2 of 1974) shall, so far as they are not inconsistent with this act, apply to the proceedings before a special judge; and for the purposes of the said provisions, the court of the special judge shall be deemed to be a court of session and the person conducting a prosecution before a special ..... the amendment act was enacted to amend the indian penal code and the code of criminal procedure, 1898 and to provide for a more speedy trial of certain ..... special court can take cognizance of the case or can exercise all powers of a magistrate under the code of criminal procedure and after investigation of the case, it can try the case as a sessions judge and will be deemed to be sessions judge in view of special conferment of jurisdiction by the act, special judge need not fall within the category of 'magistrate' or 'sessions judge' specified in ..... is further clear from section 8 of the criminal law amendment act, 1952 (in short 'amendment act, 1952) which is reproduced below:8. ..... the sister of the said sumathy rajan, during november, 2005; (3) during 2005, the accused transferred one of his safe deposit locker no. ..... rajan, the accused; (4) during 2005, he had withdrawn two of his fd's from the federal bank, banerji road, ..... for example, (1) during 3/2005 the accused officer disposed off 13 cents of land with a house building for ..... check period is 1-1-1994 to 12-5-2005. .....

Vasavan Vs. State of Kerala

Court : Kerala

Reported in : 2006CriLJ1179; 2006(1)KLT52

..... previous sanction necessary for prosecution:xxx xxx xxx(3) notwithstanding anything contained in the code of criminal procedure, 1973 (2 of 1974),-xxx xxx xxx(b) no court shall stay the proceedings under this act on the ground of any error, omission or irregularity in the sanction granted by the authority, unless it is satisfied that such error, omission or irregularity has resulted in a failure of justice;but, section 19(3)(c) ..... (3) save as provided in sub-section (1) or sub-section (2), the provisions of the code of criminal procedure, 1973 (2 of 1974), shall, so far as they are not inconsistent with this act, apply to the proceedings before a special judge, and for purposes of the said provisions, the court of the special judge shall be deemed to be a court of sessions and the ..... judge, while trying an offence punishable under this act, shall exercise all the powers and functions exercisable by a district judge under the criminal law amendment ordinance, 1944 (ordinance 38 of 1944).therefore, ..... classes of criminal courts: besides the high courts and the courts constituted under any law, other than this code, there shall be, in every state, the following classes of criminal courts, namely:(i) courts of session;(ii) judicial magistrate of the first class and, in any metropolitan area, metropolitan magistrate;(iii) judicial magistrate of the second class; and(iv) executive ..... any person convicted by him any sentence authorised by law for the punishment of the offence of which such .....