Court : Rajasthan Jodhpur
..... amend the indian penal code to provide for deterrent punishment to persons committing such acts and to make consequential amendments to the code of criminal procedure, 1973 ..... period over which the computer was used regularly to store or process information for the purposes of any activities regularly carried on over that period by the person having lawful control over the use db cra no.565/2005 & 574/2005 17/23 of the computer; (b) during the said period, information of the kind contained in the electronic record or of the kind from which the information so ..... , that is to say, - (a) identifying the electronic record containing the statement and describing the manner in which it was produced; (b) giving such particulars of any device involved in the db cra no.565/2005 & 574/2005 18/23 production of that electronic record as may be appropriate for the purpose of showing that the electronic record was produced by a computer; (c) dealing with any of the matters to which the conditions mentioned ..... 5000/-, in default of payment of fine to undergo further one year's imprisonment sec.364a ipc life imprisonment with fine of rs.5000/-, in default of payment of fine to undergo further 3 years' imprisonemnt db cra no.565/2005 & 574/2005 2/23 sec.392 ipc 5 years' simple imprisonment with fine of rs.5000/-, in default of payment of fine to undergo further one year's imprisonment sec.120b ipc 3 years' simple imprisonment with fine of rs.1000/-, in default ..... advanced law lexicon 3rd edition 2005 p. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... amend the indian penal code to provide for deterrent punishment to persons committing such acts and to make consequential amendments to the code of criminal procedure, 1973 ..... period over which the computer was used regularly to store or process information for the purposes of any activities regularly carried on over that period by the person having lawful control over the use db cra no.565/2005 & 574/2005 17/23 of the computer; (b) during the said period, information of the kind contained in the electronic record or of the kind from which the information so ..... , that is to say, - (a) identifying the electronic record containing the statement and describing the manner in which it was produced; (b) giving such particulars of any device involved in the db cra no.565/2005 & 574/2005 18/23 production of that electronic record as may be appropriate for the purpose of showing that the electronic record was produced by a computer; (c) dealing with any of the matters to which the conditions mentioned ..... 5000/-, in default of payment of fine to undergo further one year's imprisonment sec.364a ipc life imprisonment with fine of rs.5000/-, in default of payment of fine to undergo further 3 years' imprisonemnt db cra no.565/2005 & 574/2005 2/23 sec.392 ipc 5 years' simple imprisonment with fine of rs.5000/-, in default of payment of fine to undergo further one year's imprisonment sec.120b ipc 3 years' simple imprisonment with fine of rs.1000/-, in default ..... advanced law lexicon 3rd edition 2005 p. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... (2) no appeal shall lie from a decree or order passed by the family court with the consent of the parties or from an order passed under chapter ix of the code of criminal procedure, 1973 (2 of 1974): provided that nothing in this sub-section shall apply to any appeal pending before a high court or any order passed under chapter ix of the code of criminal procedure, 1973 (2 of 1974) before the commencement of the family courts (amendment) act, 1991. ..... directly relevant, is reproduced as under:- (2) subject to the other provisions of this act, a family court shall also have and exercise- (a) the jurisdiction exercisable by a magistrate of the first class under chapter ix (relating to order for maintenance of wife, children and parents) of the code of criminal procedure, 1973 (2 of 1974); and per clause (b) of section 8 of the act of 1984, the jurisdiction and powers of the magistrate under chapter ix of the code have been excluded in relation to an area wherefor a family court has been ..... - (1) subject to the other provisions of this act and the rules, the provisions of the code of civil procedure, 1908(5 of 1908) and of any other law for the time being in force shall apply to the suits and proceedings other than the proceedings under chapter ix of the code of criminal procedure, 1973 (2 of 1974) before a family court and for the purposes of the said provisions of the code, a family court shall be deemed to be a civil court and shall have all the powers of such court ..... :2005. ..... 21.09.2005. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... appeal shall lie from a decree or order passed by the family court with the consent of the parties [or from an order passed under chapter ix of the code of criminal procedure, 1973 (2 of 1974): provided that nothing in this sub- section shall apply to any appeal pending before a high court or any order passed under chapter ix of the code of criminal procedure 1973 (2 of 1974) before the commencement of the family courts (amendment) act, 1991]. ..... nothing in this sub-section shall apply to any appeal pending before high court or any order under chapter ix of the code of criminal procedure, 1973 (2 of 1974) before the amendment of the family courts (amendment) act, 1991. ..... appeal shall lie from a decree or order passed by the family court with the consent of the parties or from an order passed under chapter ix of the code of criminal procedure, 1973 (2 of 1974) before the amendment of the family courts (amendment) act, 1991. ..... reference under the code of criminal procedure, 1973 or any other law except an appeal, application or reference in a case in which a sentence of death or imprisonment for life has been passed and in criminal matters against acquittal arising out of offences punishable only with death or imprisonment for life; (ix) a case coming before the court in the exercise of its ordinary or extra- ordinary original criminal jurisdiction; (x) an appeal or division from an order passed under sections 340, 341 and 343 of the code of criminal procedure, 1973; (xi) the ..... , 2005.2. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... (h) amend sections 54-a, 154, 160, 161, 164, 198-b, 273, 309 and 327 of the code of criminal procedure, 1973 for providing for women friendly procedures; greater sensitivity to the requirement of physically and mentally disabled persons, under- aged children and old persons in the course of investigation and trial; for speedy trial of rape cases, and better recording of evidence ..... it necessary to draw the attention of all the sessions judges and assistant sessions judges once again to the following provisions of the code of criminal procedure, 1973, criminal rules of practice, kerala, 1982 and circulars and instructions on the list system issued 9/43 s.b. cr. ..... criminal law (amendment) bill, 2103 seeks to amend the indian penal code, 1860, the criminal procedure code, 1973, the indian evidence act, 1872 and the protection of children from sexual offences act ..... we wish to issue a note of caution to the trial court dealing with sessions case to ensure that there are well settled procedures laid down under the code of criminal procedure as regards the manner in which the trial should be conducted in sessions cases in order to ensure dispensation of justice without providing any scope for unscrupulous elements to meddle with the course of justice to ..... state of rajasthan decided on 01st june, 2005 - rlw20052) raj 1385, took suo moto notice and had given directions to evolve a scheme for providing compensation to the ..... - 120 (2005) dlt213 a single judge of the high court has held as under .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... (h) amend sections 54-a, 154, 160, 161, 164, 198-b, 273, 309 and 327 of the code of criminal procedure, 1973 for providing for women friendly procedures; greater sensitivity to the requirement of physically and mentally disabled persons, under- aged children and old persons in the course of investigation and trial; for speedy trial of rape cases, and better recording of evidence ..... it necessary to draw the attention of all the sessions judges and assistant sessions judges once again to the following provisions of the code of criminal procedure, 1973, criminal rules of practice, kerala, 1982 and circulars and instructions on the list system issued 9/43 s.b. cr. ..... criminal law (amendment) bill, 2103 seeks to amend the indian penal code, 1860, the criminal procedure code, 1973, the indian evidence act, 1872 and the protection of children from sexual offences act ..... we wish to issue a note of caution to the trial court dealing with sessions case to ensure that there are well settled procedures laid down under the code of criminal procedure as regards the manner in which the trial should be conducted in sessions cases in order to ensure dispensation of justice without providing any scope for unscrupulous elements to meddle with the course of justice to ..... state of rajasthan decided on 01st june, 2005 - rlw20052) raj 1385, took suo moto notice and had given directions to evolve a scheme for providing compensation to the ..... - 120 (2005) dlt213 a single judge of the high court has held as under .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... 2012 (friday) and was released on bail on 2.7.2012 (monday).the petitioner preferred a miscellaneous petition before this court under section 482 code of criminal procedure to challenge the firs.information report referred above and the proceedings initiated in pursuance thereto. ..... before examining the rival submissions made by learned counsel for the parties, it shall be appropriate to notice that by the constitution (ninety-seventh amendment) act, 2011, one more directive principle of state policy i.e.article-43b was added in part-iv of the constitution of india, which reads as under:- -6- the state shall endeavour to promote voluntary formation, ..... thereof-- (1) if, in the opinion of the registrar, the committee of a cooperative society or any member of such committee persistently makes default or is negligent in the performance of the duties imposed on it or him by this act or the rules or the bye-laws or commits any act which is prejudicial to the interest of the society or its members.or wilfully disobeys directions issued by the registrar for the purpose of securing proper implementation of cooperative production and other development programmes approved ..... important and exceptional duty, the authority competent is also required to satisfy himself that whatever action he is taking is in complete compliance of the law and further by keeping in mind that his decision would affect a body whose autonomy and democratic functioning is required to be maintained as a constitutional .....
Tag this Judgment!Court : Rajasthan Jodhpur
1 in the high court of judicature for rajasthan at jodhpur. answer to the reference in db criminal misc. ivth bail application no.1111/2013 in sb criminal appeal no.517/2010 daulat singh @ gatu versus state of rajasthan date of judgment ::22. d april, 2014 hon'ble mr.justice govind mathur hon'ble mr.justice atul kumar jain mr. m.l.bishnoi, for the applicants-appellants. mr. j.p.s. choudhary, public prosecutor, for the state. .... by the court : (per hon'ble govind mathur,j.) reportable arriving at the conclusion that the law laid down by hon'ble the supreme court in the case of union of india v. rattan mallik alias habul, reported in (2009)2 scc624 is running contrary to its earlier judgment in mansingh v. union of india, reported in (2004)13 scc42 a single bench of this court has sought guidance from the larger bench as to which one principle of law from among the two cases aforesaid should be adhered while examining the application seeking release on bail/suspension of sentence in the matters where the conviction is recorded for the offence under the narcotic drugs and psychotropic substances act, 1985 (hereinafter referred to as the act of 1985 .). 2 the discussions made by learned single bench while making reference to the larger bench read as under:- ! $ 2009 air scw3648(union of india vs. rattan malik @ habul) 37 , 1985 . * , 1 4 - 1 dadu alias tulsidas vs. state of maharashtra ([2000].8 scc437 : : <
Tag this Judgment!Court : Rajasthan Jodhpur
..... showing [8].payment of the cost is not filed within the time as directed, the amount of cost shall be realised from the appellants as fine under the provisions of the code of criminal procedure. ..... in rakesh kumar goel s case (supra).while seriously deprecating the conduct of a litigant for abusing process of law/court and practicing fraud on the court, hon ble apex court imposed exemplary costs by observing that court is not for manipulators.court held in para 48 ..... this petition was laid by mewar railway staff & trolley contractor sangh by depicting it as a society registered under the societies registration act and one mr.bhawani singh rajawat has sworn affidavit as secretary of the society. ..... even if the impugned clause (vi) in the amended licence, which made it obligatory for oswal agro to export its entire quantity of edible rice bran oil, had been quashed even then for the purposes of removing the oil from ..... coalfields limited (supra).hon ble apex court laid down that no party can suffer by an act of the court, more particularly when court has acted on [10].certain facts which were not correctly apprised to it by a litigant. ..... has also contended that by filing this petition, the petitioner has abused the process of law, therefore, no indulgence can be granted and the petition is [5].liable to be thrown ..... sweep all such acts as to which the court may form an opinion in any legal proceedings that the court would not have so acted had it been correctly apprised of the facts and the law. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... the prosecution has tried to support process of remand as envisaged under section 167 of the code of criminal procedure (for short 'the crpc') and process of extension of period of investigation, as provided under section 43d(2)(b) of the uap act. ..... the detention of the accused beyond the said period of ninety days, extend the said period up to one hundred and eighty days: provided also that if the police officer making the investigation under this act, requests, for the purposes of investigation, for police custody from judicial custody of any person in judicial custody, he shall file an affidavit stating the reasons for doing so and shall also explain the delay, if ..... the word court has been defined under sub-section (d) of section 2 of the uap act, 1967 and means a criminal court having jurisdiction under the code to try the case and includes a special court thus whenever extension of period of investigation is required beyond 90 days, it can be by the special court or sessions ..... it is submitted that the nia act, 2008 and the unlawful activities (prevention) amendment act, 2008 were enacted by parliament on 31.12.2008 ..... it is submitted that the arguments of learned counsel for the accused petitioners is based on mis-interpretation of the provisions of law for challenge to the investigation by the state police so as the order of remand by the court of magistrate. ..... the weapons of mass destruction and their delivery systems (prohibition of unlawful activities) act, 2005 (21 of 2005); 8. .....
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