Judgment Search Results Home > Cases Phrase: code of criminal procedure amendment act 2005 Court: madhya pradesh Page 1 of about 214 results (0.111 seconds)

Shamsher Bahadur Singh Chandel @ Golend Singh Vs. State of Madhya Prad ...

Court : Madhya Pradesh

..... though the amendment act, 2005 was enacted in the year 2005 but it was further amended as code of criminal procedure (amendment) amending act, 2006) (hereinafter referred to as the amending act, 2006) whereby it has been enacted that in exercise of the powers conferred by subsection (2) of section 1 of the code of criminal procedure (amendment) act, 2005 (25 of 2005), the central government hereby appoints the 23 rd june, 2006, as the date on which the provisions of the said act, except the provisions of sections 16, 25, 28(a), 28(b), 38, 42(a), 42(b), 42(f)(iii) and (iv) and 44(a), shall come into force. ..... learned counsel for the applicant has submitted that the trial court has committed illegality in interpreting the code of criminal procedure (amendment) act, 2005 (hereinafter referred to as the amendment act, 2005). ..... learned counsel for the applicant has further submitted that after the aforesaid amendment, the notification of enforcement of section 28(a) of the amendment act, 2005 came into force only on 31.12.2009 by the notification issued by the ministry of home affairs notification no. s.o. ..... i have heard the learned counsel for the parties at length and gone through the impugned order, first information report (d-2) and the amendment act, 2005 (d-4), amending act, 2006 (d-5) and notification dated and notification dated 30.12.2009 (d-6). .....

Krishna Kumar Jhariya Vs. the State of Madhya Pradesh

Court : Madhya Pradesh

..... however, fact of the matter is that the condition sought to be annulled or modified has been imposed under section 439(1) read with sub-section (3) of section 437 of the code as inserted by the code of criminal procedure (amendment) act, 2005. ..... this is an application, under section 439(1)(b) of the code of criminal procedure, for modification of the conditions of bail. .....

Smt. Sheeba Khan Vs. State of M.P.

Court : Madhya Pradesh

Reported in : 2009CriLJ4276; 2009(4)MPHT301

..... further, sub-section (3) of section 437 of the code, as amended by the code of criminal procedure (amendment) act, 2005 reads as under:437. ..... bail, though not defined in the code of criminal procedure, is a conditional liberty. ..... :(1)*** *** ***(2)*** *** ***(3) when a person accused or suspected of the commission of an offence punishable with imprisonment which may extend to seven years or more or of an offence under chapter vi, chapter xvi or chapter xvii of the indian penal code (45 of 1860) or abetment of, or conspiracy or attempt to commit, any such offence, is released on bail under sub-section (1), the court shall impose the conditions:(a) that such person shall attend in accordance with the conditions of the bond ..... this court is also not oblivious of the well-settled legal position, as reiterated in sandeep jain's case (supra), that any condition to be imposed under sub-section (3) of section 437 of the code must be reasonable and judicious and must not tantamount to refusal of bail.18. ..... the relevant provision in the form of sub-section (1) (a) of section 439 of the code provides that this court may direct that any person accused of an offence and in custody be released on bail, and if the offence is of the nature specified in sub-section (3) of section 437, may impose any condition, which it .....

Adaliya and ors. Vs. State of Madhya Pradesh

Court : Madhya Pradesh

Reported in : 2009(4)MPHT189

..... by notification dated 21-6-2006, central government in exercise of power conferred by sub-section (2) of section 1 of the criminal procedure code (amendment) act, 2005 (no. ..... the offence under section 324 of the ipc is compoundable, but by the recent amendment in criminal procedure code, 1973 by amendment act no. ..... out under section 324 read with section 34 of the ipc and this offence is compoundable with the permission of this court as per provision under section 320, sub-section (2) read with sub-section (5) of 'the code' and this court does not find any reason for refusing the prayer of the appellants as well as the complainant for granting permission to compound the offence, hence permission is granted. ..... therefore, in the considered opinion of this court, provision of sections 28(a), 28(b) of the amendment act would not be applicable in the instant case because the incident occurred prior to the amendment act no. ..... in the amendment act, there is no provision for application of this act in pending cases retrospectively. ..... 25/2005)(for short 'the code') appointed the 23rd june, 2006 as the date, on which provisions of said act, except the provisions of sections 16, 25, 28(a), 28(b), 38, 42(a), 42(b), 42(f)(iii), (iv) and 44(a), shall come into force. ..... 25/2005, is made non-compoundable and yet this amendment has not come into force. ..... the police had registered the offence under section 307/34 of the indian penal code and under sections 25 and 27 of the arms act. dr. r.c. .....

Priyank Chansoria Vs. High Court of Madhya Pradesh

Court : Madhya Pradesh

Reported in : 2009(4)MPHT44

..... 12 of the bombay public security measures act, 1947 (for short 'the bombay act') authorised the government to direct specific and particular cases to be tried by a special judge by a special procedure different from the ordinary procedure laid down in the code of criminal procedure. s.r. ..... chapter v of the rules of 2008, under rule 1 (a) the registrar has been vested with the power to allow applications under order 22 rules 2, 3, 4 and 10 of the code of civil procedure, 1908 and to amend the record : the registrar cannot have the powers of the court to decide applications which are contested. ..... sanghi that the registrar has been vested with powers under chapter v rule 1 (d) to allow applications under order 22 rules 2, 3, 4 and 10 of the code of civil procedure, 1908 and to amend the record, sub-rule (4) of rule 1 in chapter v states that nothing in rule 1 shall be deemed to authorise the registrar to make an order of dismissal of a proceeding for default or for any other reason or empower the registrar to ..... of the samapti adhiniyam from a judgment, order or decree of one judge of the high court was abolished, but by the madhya pradesh uchcha nyayalaya (khand nyaypeeth ko appeal) adhiniyam, 2005, the samapti adhiniyam has been repealed and it is provided in section 2(1) of the adhiniyam of 2005 that an appeal shall lie from a judgment or order passed by one judge of the high court in exercise of original jurisdiction under article 226 of the constitution of india to a division .....

State of M.B. Vs. Gopal Govind Sinnarkar

Court : Madhya Pradesh

Reported in : 1952CriLJ1033

..... first class indore city under the codes of civil and criminal procedure (amendment) act no. ..... section 432 (as amended) of the code of criminal procedure says that where any court is satisfied that a case pending before it involves a question as to the validity of any act, ordinance or regulation or of any provision, contained in an act, ordinance or regulation, the determination of which, is necessary for the disposal of the case, and is of opinion that such act, ordinance, regulation or provision is invalid or inoperative, but has not been so declared by the high court to which that court is ..... of the government to make orders under section 4 of the madhya bharat essential supplies (temporary powers) act, samvat 2005, in respect of control over food shall be exercisable by the director of food and in pursuance of this the director of food under section 5 of the madhya bharat essential supplies (temporary powers) act, samvat 2005, is given powers to make regulations in respect of matters referred by section 4: vide madhya bharat gazette ..... having empowered the director of food under section 4 of the essential supplies act, samvat 2005 to make regulations under section 4, the director of food had no jurisdiction ..... the learned advocate general contended that under section 18 of the madhya bharat general clauses act, samvat 2007 the law relating to the chief or superior of an office shall apply to the deputies or subordinates lawfully performing the duties of that office in the place of .....

Vikram Singh Vs. State of M.P.

Court : Madhya Pradesh

Reported in : 2009(5)MPHT182

..... 29-5-2007 and the following proviso has been inserted in section 151 of the act:provided that the court may also take cognizance of an offence punishable under this act upon a report of a police officer filed under section 173 of the code of criminal procedure, 1973 (2 of 1974):provided further that a special court constituted under section 153 shall be competent to take cognizance of an offence without the accused being committed to ..... that electricity act of 2003 has been amended vide amendment act no. ..... this court observed as under:when, on a complaint made by anyone who is competent to make a complaint under section 151 of the electricity act, the police takes cognizance and after investigation sends its report to the court along with the complaint received by it on which the investigation started, the court can take cognizance ..... the scheme of rule 12 of the electricity rules, 2005 directly be made to the court. ..... being aggrieved by the judgment dated 5-7-2005 passed by ilnd asj, ujjain ..... 2005 to 1-8-2005 ..... 2005 came in force with effect from 8-6-2005 ..... scheme of rule 12 of the electricity rules, 2005 made by a notification dated 8-6-2005. ..... suspended on 1-8-2005. ..... by the prosecution on 8-1-2005. ..... : 2005 (4) ..... 2005 ..... thus, the respondent was authorized to file the charge-sheet against the appellant after 29-5-2007 but in the present case the charge-sheet has been filed by the respondent on 8-1-2005. ..... 10/2005, whereby the appellant was convicted lor an offence punishable under section 353 of ipc .....

Rameshchandra Onkarlalji Sharma Vs. State of Madhya Pradesh

Court : Madhya Pradesh

Reported in : 2008CriLJ933; 2007(4)MPLJ474

..... revision under section 397 read with section 401 of the code of criminal procedure ('code' hereafter). ..... an offence, as soon as some evidence comes on record which incriminates the person not arraigned as accused such court before moving to the next stage is required to conclude the matter under section 319 of the code, inasmuch as that person could be tried together with the accused already facing trial, if he is proceeded against.the result is that the revision at hand deserves to be allowed and is hereby allowed. ..... been held that under the provisions of section 319 of the code the procedure of issuing show-cause notice was not contemplated. ..... above the learned court below exercised the jurisdiction impugned that could not have been exercised by him as the procedure did not make room for such an exercise at such a stage. ..... (i) that before passing the order impugned under section 319 of the code the learned court below did not issue any show-cause notice to the petitioner; and (ii) that under the provisions of section 319 of the code the court can proceed to implicate any other person, who has not been made an accused in the case, if some evidence about his involvement comes on record during trial so that he could ..... the court cannot pass any order under section 319 of the code in the judgment for initiating the proceedings of prosecution by the court itself ..... 320/2005 for offences punishable under sections 147, 148, 307 and 506(11) of the penal code against the above named accused as .....

Kamal Singh Vs. State

Court : Madhya Pradesh

Reported in : 2008(1)MPHT371

..... petitioner has filed this petition under sections 427 and 482 of the code of criminal procedure (hereinafter referred to as 'the code') praying for a direction that sentence passed against him in sessions trial ..... that petitioner had not made such prayer before the trial courts as well as at the time of hearing of appeals before the high court, therefore, section 427 of the code cannot be made applicable at this stage when both the appeals have already been disposed of by the high court.6. ..... learned counsel for the petitioner submits that in view of the provisions of section 427 of the code, petitioner who was convicted for the offence under section 376 read with section 511 of the ipc and was sentenced to rigorous imprisonment for 4-1/2 years on 26-4-1989, has to undergo that sentence ..... in this case the provision of section 427 of the code was not invoked in the original cases or in the appeals ..... the inherent powers under section 482 of the code can also not be exercised in the present situation ..... by him against the said judgment was registered as criminal appeal no. ..... by him against the saidjudgment was registered before the high court as criminal appeal no. ..... section 482 of the code was, therefore, not an appropriate remedy having regard to the fact that neither the trial judge, nor the high court while passing the judgments of conviction and sentence indicated that the ..... the said judgment was dismissed by the apex court on 13-7-2005.4. ..... dismissed by judgment dated 5-1-2005. s.l.p. .....

Prabhu and ors. Vs. State of Madhya Pradesh

Court : Madhya Pradesh

Reported in : 2003CriLJ2130

..... in this judgment, in para 7 the supreme court has held as under regarding way of appreciation of evidence in the criminal case --'we have only disposed of the defence version first because the learned counsel for the appellants placed it in the forefront and tried to convince us that it was not as a ..... , the burden of proving the existence of circumstances bringing the case within any of the general exceptions in the indian penal code (45 of 1860), or within any special exception or proviso contained in any other part of the same code, or in any law defining the offence, is upon him, and the court shall presume the absence of such circumstances ..... witness in their defence and also not filed and got proved any document to that effect whereas under section 105 of the evidence act, burden lies on the accused persons to prove their defence by preponderance of probabilities though the same is not as onerous as ..... the degree which proof must reach before a court trying a criminal case will convict is no doubt that which a prudent man will employ in reaching a conclusion beyond reasonable doubt whereas an accused need not prove his ..... procedure, which leads to the judicial mind while appreciating the evidence on record to draw adverse inference against the appellants because, these were some very important and glaring material documents, evidence and circumstances which would have assisted the court to decide the arguments of the learned counsel for the appellants that they acted in right of .....