Judgment Search Results Home > Cases Phrase: code of criminal procedure 1973 amending act 3 criminal law amendment act 2005 Sorted by: old Page 1 of about 17,132 results (0.681 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. .....

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. .....

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. .....

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. .....

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 .....

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. .....

Shiv Mohan Singh Vs. the State (Delhi Administration)

Court : Supreme Court of India

Reported in : AIR1977SC949; 1977CriLJ767; (1977)2SCC238

..... sentencing stage under the new criminal procedure code. ..... the american system:under our criminal procedure, the accused has every advantage ..... d/- 23-11-1976, page 692)but if the harsh frontiers of the criminal law are clearly drawn, to travel beyond is out of bounds for ..... reporter recently that a judge looks 'at the man in the dock in a different way; not just a criminal to be punished, but a fellow human being, another form of life who is also a form of the ..... most disturbing aspect of to-day's unfortunate decision.the foregoing contentions - that society's expression of moral outrage through the imposition of the death penalty pre-empts the citizenry from taking the law into its own hands and reinforces moral values - are not retributive in the purest sense. ..... area of criminal jurisprudence we are lost in the conflict between ideals, theories and research findings and the subject remains so fluid that legislative decision making and jurisprudential debate must crystallize into a code before the court can activise these norms or incorporate them as judge-made law.17. ..... focus of counsel's first submission was turned on the compassion of the crpc, 1973, which obligates the court, under section 235, to hear the convict on ..... why, higher truth, acting through its inspired agents, taunts human law; for, then the body gives little purchase over the soul, as ..... regarding remand of the case to the court of session for reconsideration of the sentence in the light of section 235(2) of the crpc, 1973. .....

Olivia Jayaraj Vs. State of Andhra Pradesh

Court : Andhra Pradesh

Reported in : 1991(1)ALT345; (1995)IIILLJ68AP

..... however, in june 1988 the said section underwent an amendment by act 33 of 1988 whereby the period of exemption was reduced from 'five years' to ' ..... therefore it cannot be said the non-compliance of the provisions of the act from and onwards of september', 88 in the light of the coming into force of amended section 16 from 1.8.88 and also the fact that even by 31.8.1988 the period of three years contemplated by amended section 16 expired, is not charged as an offence so as to invoke the aid of article 20(1) ..... the said prosecutions are challenged in these petitions mainly by invoking the doctrine of promissory estoppel stating that the provisions of the act cannot be made applicable to the petitioner's establishment until expiry of five years inasmuch as section 16 as it stood at the time of starting of the school exempted the said application for a period of five years from the date ..... supreme court made it categorically specific that the doctrine of promissory estoppel cannot be invoked for preventing the government from acting in discharge of its duty under law and that the doctrine cannot be applied in the teeth of an obligation or liability imposed by the legislative provision. ..... the question that arises in this batch of criminal petitions is, whether the doctrine of promissory estoppel could be invoked against the state for actions resultant of legislative obligations so as to get over the prosecutions in a proceeding under section 482, ..... of administration of criminal justice.2. .....