Judgment Search Results Home > Cases Phrase: code of criminal procedure amendment act 2005 Page 7 of about 11,145 results (0.164 seconds)

Sri. Kunal Bahl Vs. State Of Karnataka

Court : Karnataka

..... at a place beyond the area in which he exercises his jurisdiction were inserted by section 19 of the code of criminal procedure (amendment) act (central act 25 of 2005) w.e.f. ..... of section 156(3) or section 200 of the code of criminal procedure, the magistrate is required to apply his mind ..... the code of criminal procedure. 11.4 ..... any other similar information which may be required by consumers to make informed decisions; (d) information on available payment methods, the security of those payment methods, any fees or charges payable by users, the procedure to cancel regular payments under those methods, charge- back options, if any, and the contact information of the relevant payment service provider; (e) all information provided to it by sellers under sub-rule ..... of the information technology act, 2000, as amended by the information technology (amendment) act, 2008, and is therefore entitled to the exemption from liability in terms of section 79 information technology act, 2000, for the ..... amended by the information technology (amendment) act ..... court taking cognisance of a matter is required to follow the due procedure relating thereto since it is on taking cognisance that criminal law is set in motion as against the accused in that matter. ..... criminal proceedings in c.c.no.156/2020 initiated against the petitioners in both the matters and certain others for alleged violation of section 18(c) of the drugs and cosmetics act, 1940 punishable under section 27(b)(ii) of the drugs and cosmetics act .....

Ram Singh vs.madhuri Singh

Court : Delhi

..... words and shall, in a case where the accused is residing at a place beyond the area in which he exercises his jurisdiction were inserted by section 19 of the code of criminal procedure (amendment) act (central act 25 of 2005) w.e.f. ..... provisions of section 202 crpc were amended vide the amendment act, 2005, making it [ed. ..... a petition under sections 12 and 23 of the protection of women from domestic violence act, 2005 (in short pwdv act ) was filed by the respondent before the learned metropolitan magistrate wherein the petitioner, who is the husband of the respondent, was ..... hence, in our opinion, the use of the expression shall and the background and the purpose for which the amendment has been brought, we have no doubt in our mind that inquiry or the investigation, as the case may be, is mandatory before summons are issued against the accused living beyond the territorial jurisdiction of the ..... 1713/2016 page 3 of 6 persons are not harassed by unscrupulous persons, this clause seeks to amend sub-section (1) of section 202 to make it obligatory upon the magistrate that before summoning the accused residing beyond his jurisdiction he shall enquire into the case himself or direct investigation to be made by a police officer or by ..... if an investigation under sub-section (1) is made by a person not being a police officer, he shall have for that investigation all the powers conferred by this code on an offer in charge of a police station except the power to arrest without warrant. 6. .....

Muhammed Basheer Vs. State of Kerala and anr.

Court : Kerala

Reported in : 2009CriLJ246; 2008(3)KLJ385

..... be seen through out the code of criminal procedure. ..... . introduced by the amendment act of 2005 must receive a very careful consideration before concluding that the requirement is mandatory and non compliance will ..... jurisdiction, must ordinarily come to a conclusion as to whether there is sufficient ground to proceed against such accused only after conducting an enquiry under section 202 cr.p.c.vii) notwithstanding the fact that requirement of (vi) is introduced by a specific amendment substituting the permissive 'may' by the command of 'shall', the non compliance does not vitiate the cognizance taken and the consequent issue of process as the purpose of such an enquiry under section 200 and 202 cr.p.c ..... introduced by act 25 of 2005 which amendment came into ..... spirit of expedition which must be there in the disposal of prosecutions under section 138 of the negotiable instruments act must help and guide the court to correctly understand the import and the consequences of the amendment introduced in section 202 cr.p.c.25 ..... . act to contend that there has been great emphasis in section 138 of the negotiable instruments act as initially introduced and by subsequent amendment in 2002 to the cause ..... the 2005 amendment to section ..... act 25 of 2005 ..... was an attempt to contend that the non obstante clause in sections 142 and 145 of the negotiable instruments act must make the provisions of the amended 202 cr.p.c ..... prior to the amendment in 2005.8. ..... . act cannot in any way directly control the amended provisions in .....

Ritesh Sinha Vs. State of Uttar Pradesh

Court : Supreme Court of India

..... an invasion of the rights of the individual and to bring it within the ambit of the existing law would require more than 17 reasonable bending and stretching of the principles of interpretation and (ii) if the legislature, even while making amendments in the criminal procedure code (act no.25 of 2005), is oblivious and despite express reminders chooses not to include voice sample either in the newly introduced explanation to section 53 or in sections 53a and 311a of cr.p.c. ..... the consequential amendment, instead, came by way of insertion of section 311- a in the cr.p.c by the code of criminal procedure 5 a.i.r. ..... in the light of the above discussions, we unhesitatingly take the view that until explicit provisions are engrafted in the code of criminal procedure by parliament, a judicial magistrate must be conceded the power to order a person to give a sample of his voice for the purpose of investigation of a ..... this order of the learned cjm was challenged before the high court of allahabad under section 482 of the code of criminal procedure, 1973 (hereinafter referred to as cr.p.c. ). ..... likewise, by insertion of section 311- a by the same amending act (no.25 of 2005) a magistrate has been empowered to order any person, including an accused 8 person, to give specimen signatures or handwriting for the purposes of any investigation or proceeding under the ..... similarly, section 53a has been inserted by the same amending act (no.25 of 2005) to provide for examination of a person accused of .....

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 ..... 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. ..... of the proceedings in appropriate cases, without going through the ordinary time-consuming procedure in a trial. .....

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

Court : Supreme Court of India

Reported in : JT2009(6)SC85; 2009(6)SCALE373; (2009)13SCC420

..... it requires to be noticed that the crpc (amendment) act, 2005 (act 25 of 2005) amended section 320 of the code and in the table under sub-section (2)(a) the words 'voluntarily causing hurt by dangerous weapons or means' in column 1 and the entries relating thereto in columns 2 and 3 have been omitted. ..... we have examined the provisions of section 320 of the code of criminal procedure (for short 'crpc') which deals with compounding of offences. ..... but the said amendment by act 25 of 2005 has not yet been brought into force. ..... section 320(1) crpc provides that the offences punishable under the sections of the penal code specified in the first two columns of the table next following may be compounded by the persons mentioned in the third column of that table. ..... under sub-section (2) of section 320, offences punishable under the sections of the penal code, specified in the first two columns of the table next following may, with the permission of the court before which any prosecution for such offence is pending, be compounded by the persons mentioned in the third column of ..... the appellants were convicted by learned additional sessions judge, sultanpur, for offences punishable under sections 307 and 324 both read with section 34 of the indian penal code, 1860 (in short `ipc'). .....

Thirumali Kumar Vs. State

Court : Kerala

Reported in : 2010(1)KLT579

..... 82 of the code of criminal procedure was inserted by act 25 of 2005. ..... --whoever fails to appear at the specified place and the specified time as required by a proclamation published under sub-section (1) of section 82 of the code of criminal procedure, 1973 shall be punished with imprisonment for a term which may extend to three years or with fine or with both, and where a declaration has been made under sub-section (4) of that section ..... person or upon his own knowledge, the magistrate may act under section 190 of the code of criminal procedure.14. ..... provisions of section 83(1) of the code of criminal procedure, 1898, which corresponds to section 78(1) of the code of criminal procedure, 1973, it was held ..... section 70 provides that every warrant of arrest issued by a court under the code of criminal procedure shall be in writing, signed by the presiding officer of such court and shall bear ..... in the light of the aforementioned provisions in the code of criminal procedure, i do not find any infirmity in the order passed by the learned magistrate or in the manner in which ..... alleged being under section 402 of the indian penal code, sub-section (4) of section 82 of the code of criminal procedure would also apply. ..... as per section 190 of the code of criminal procedure, a judicial magistrate may take cognizance of any offence in any of the three contingencies mentioned therein, namely, (a) upon receiving a complaint of facts which constitute such offence; (b) upon a police report of such .....

Jayanthilal Dave S/O. Umesh Datta Dave Vs. State Assistant Drug Contro ...

Court : Karnataka

..... as the provisions of code of criminal procedure has not provided for an appeal against the judgment of conviction passed by the court of sessions in exercise of its appellate power on reversal of judgment of acquittal passed by the magistrate, no appeal can be maintained against such judgment of conviction. ..... it is in exercise of that power as amended by act 25 of 2005, the state, in the case on hand, filed appeal before the court of sessions against the order of acquittal passed by the magistrate. ..... as amended by act 25 of 2005. ..... prior to the amendment of section 378 cr.p.c, by act 25 of 2005, state was required to file appeal before the high court against the original or appellate order of acquittal passed by any court other than high court, or an order of acquittal passed by the court of session in revision ..... the appellant was charge sheeted alleging violation of para 16 and 20(3) of drugs (price control) order 1995, which is punishable under sections 7(1)(a)(ii) and 7 of the essential commodities act, 1995 and for those offences the appellant was tried before the 3rd additional cjm, mysore in c.c. no. ..... by the act 25 of 2005, section 378 cr.p.c ..... any person convicted on a trial held by a high court in its extraordinary original criminal jurisdiction may appeal to the supreme court. ..... came to be amended, whereby the state is given right to prefer an appeal before the court of sessions against an order of acquittal passed by a magistrate in respect of cognizable and non bailable offence .....

Radhika Alias Shashikala Rameshwarrao Upasane Vs. State of Maharashtra

Court : Mumbai

Reported in : 2008CriLJ681

..... application under section 482 of the code of criminal procedure (hereinafter referred to as 'the code') the applicant takes exception to the judgment and order dated 8-11-2005 passed by 1st ad hoc additional sessions judge, buldhana in criminal revision application no. ..... pertinent to note that section 37 of the act has been deleted from the act by amendment act of xl of 2005 from 251h august, 2005.15. ..... , or any other corresponding law for the time being in force in the state or a dai attends on a case of labour, shall not be deemed to practice medicine.8.1 from a bare reading of section 2(2) of the act, it is clear that for the purpose of chapter vi, any person who holds himself out as being able to diagnose, treat, operate or prescribe medicine or other remedy or to give medicine for any ailment, disease, injury, pain, ..... spectacles, eye-glasses or lense; or(iii) practices physiotherapy or electrotherapy or physiotherapy or naturopathy or hydropath or yogic healing; or(iv) without personal gain furnishes medical treatment or does domestic administration of family remedies; or(v) being registered under the dentists act, 1948, limits his practice to the art of dentistry; or(vi) being a nurse, midwife or health visitor registered or enlisted under the bombay nurses, midwives and health visitors ..... , submitted that prosecution against the applicant under the provisions of the act is not maintainable and, therefore, the proceedings against the applicant in regular criminal case no. .....

Harish and Others Vs. Kiranlata

Court : Mumbai Nagpur

..... such postponement of issue of process in a case where the accused is residing beyond the territorial jurisdiction of the court of judicial magistrate has been made mandatory under the newly amended section 202 of the code of criminal procedure, which has been inserted in the code of criminal procedure by act 25 of 2005 with effect from 23.6.2006. ..... counsel for the applicants that while issuing process, by the order passed on 12th january, 2015, the learned 5th judicial magistrate, first class, akola has not followed the mandate of section 202 of the criminal procedure code, which has been newly amended by the amendment act, 2005 and, therefore, the order is vitiated. ..... so, it is clear that the newly amended section 202 of criminal procedure code makes it obligatory for the criminal court empowered to take cognizance of the complaint to postpone the issue of process in a case where the accused resides at a place falling beyond the territorial jurisdiction of that court to order an enquiry or direct an investigation as contemplated in the ..... applicants, who are the proposed accused persons are not the residents of the place within the territorial jurisdiction of akola court, this very fact required the learned magistrate, as per section 202 criminal procedure code, to postpone the issuance of process and make an enquiry either by himself or investigation through a police officer in order to find out as to whether or not there is sufficient material for proceeding further in the matter .....