Judgment Search Results Home > Cases Phrase: criminal law amendment act 2005 section 7 amendment of the first schedule Page 1 of about 4,147 results (0.473 seconds)

C. Narendra Kumar, and ors. Vs. State Bank of India, and ors.

Court : Chennai

..... was filed for a relief of declaration to declare sub-sections 2 to 7 of section 17 of the sarfaesi act, as amended and substituted by section 10 (b) of enforcement of security interest and recovery of debt laws (amendment) act 2004 as ultra vires. this writ petition was filed after the dismissal of the earlier writ petition in wp ..... such an allegation has been made by the petitioner. therefore it was stated that the third respondent reserves his right to proceed against the petitioner in the appropriate criminal court for defamation.8. we have heard the counsel for both sides at length. by consent of the counsel for both sides, the writ petition itself is ..... bribe was specifically denied. the third respondent has also filed a separate affidavit contending that no such demand was ever made by him and he intend to take criminal action or defamatory proceedings against the petitioner.5. the first respondent further contended that originally, the petitioner filed w.p. no. 2449 of 2009, the first .....

Chandra Kanjappa Kuchchikurwe Vs. State of Maharashtra and Another

Court : Mumbai

..... code of criminal procedure (amendment) amending act 2006 (act 25 of 2006), the aforesaid amendment act of 2005 came to be amended. section 2 of the 2006 act (act 25 of 2006), provided for amendment of section 1 of the 2005 act (act 25 of 2005). by the said section, sub section (2) of the 2005 act was amended as follows : 2. amendment of section 1 of act 25 of 2005 in the code of criminal procedure (amendment) act, 2005 ..... of the ipc is bailable or non-bailable even earlier. 5. by the code of criminal procedure (amendment) act of 2005, (act no.25 of 2005), extensive amendments to the code of criminal procedure, 1973, (code) were introduced. by section 42 of the said act, the first schedule to the code was amended. by clause (f)(iii) thereof, the offence punishable under section 324 of ipc was made .....

R Vs. H (Appellant) (on Appeal from the Court of Appeal (Criminal Divi ...

Court : House of Lords

..... jones qc, [1996] crim lr 460, 461). 80. the act has been amended in a number of respects, notably by the criminal justice act 1988, the criminal justice and public order act 1994, the criminal procedure and investigations act 1996 and the criminal justice act 2003. the 1996 act also contained in sections 29-31 and 35 provisions which parallel sections 7 ..... - "(aa) a question arising under section 6 of the criminal justice act 1993 ; (b) any question as to the admissibility of evidence; and (c) any other question of law relating to the case; and also, after the amendments made by section 310 of the criminal justice act 2003 had come into effect on 4 april 2005 (see para ..... at common law or by statute prior to the swearing of a jury. their exercise would not, however, strictly form part of the preparatory hearing. 93. subsequent amendments of the 1987 act and the enactment of the 1996 act do not lead to a different conclusion. the insertion by section 310 of the criminal justice act 2003, .....

R (on the Application of Adams) (Fc) (Appellant) Vs. Secretary of Stat ...

Court : UK Supreme Court

..... v director of public prosecutions [1935] ac 462, at p 481, the "golden thread" which is always to be seen "throughout the web of the english criminal law". only then is the state entitled to punish him. otherwise he is not guilty, irrespective of whether he is in fact innocent. if it can be conclusively shown ..... pardoned was introduced in relation to england and wales and northern ireland by section 61(3) of the criminal justice and immigration act 2008. section 133(5) of the 1988 act, as amended by paragraph 16(4) of schedule 2 to the criminal appeal act 1995, provides: "in this section 'reversed' shall be construed as referring to a conviction having been ..... if not, the accused is found not guilty. there is no finding of factual innocence since it would not fall within the ambit or purpose of criminal law. 24 just as the criminal trial is not a vehicle for declarations of factual innocence, so an appeal court, which obtains its jurisdiction from statute, has no jurisdiction to make .....

Amit Kumar @ Mittal Vs. State of U.P. and Others

Court : Allahabad

Reported in : 2011CrLJ3710

..... offence has been made punishable with imprisonment for not less than one year but which may extend to ten years and fine. the first schedule to the code of criminal procedure has also been amended in madhya pradesh and the offence has been made non-bailable and triable by a court of session.also the state of andhra pradhesh by ..... is usually reluctant to lodge any complaint or fir when she is made a victim of this sexual crime. in the rare case when she takes recourse to the law enforcing agency, an absolute mockery of justice results when the molester is let out on bail at the police station itself, as section 354 ipc is a bailable offence ..... . therefore it could not be ruled out that either the informant's injury report was manipulated or that he was subsequently belaboured after he had carried out the heinous act of molestation against the informant in her house. significantly no case has been registered on the petitioner's application against the informant's husband.in any case the presence .....

State of Maharashtra and anr Vs. Indian Hotel and Retaurants Assn.and ...

Court : Supreme Court of India

..... even waitresses. in short, he reiterated the submission that the legislation does not advance the objects and reasons stated in the amendment act. mr. grover further submitted that the impugned law violates the principle of proportionality. he has pointed out that gender stereotyping is also palpable in the solution crafted by the legislature ..... the allegation of inter-state trafficking; that dancing in bars is a gateway to prostitution; that bar dancing is associated with crime and breeds criminality; that the conditions of dance bars are exploitative and dehumanizing for the women. lastly, that bar dancing contributes to social-ills and illicit affairs ..... check other undesirable practices going on in hotel establishments presenting dance programmes. b) to prevent prostitution in hotel establishments c) remedial measures to see that criminals are not sheltered in hotel establishments; d) to frame a code specifying what type of dance forms should be presented in hotel establishments. e) .....

Ramjilal Vs. Income-tax Officer, Mohindargarh

Court : Supreme Court of India

Reported in : AIR1951SC97; [1951]19ITR174(SC); (1951)IMLJ384(SC); [1951]2SCR127

..... the finance ordinance promulgated on april 13, 1949, which came into force on that very date. section 5 of that ordinance introduced several amendments to the patiala income tax act, 2001. it recast sections 3 and 34 of that act and introduced a new section as section 23b. section 6 of that ordinance runs thus : '6. for the assessment year beginning on the ..... suits, appeals, revisions applications, reviews, executions and other proceedings, or any of them, whether civil or criminal or revenue, pending in the courts and before authorities of any covenanting states shall, notwithstanding anything contained in this ordinance, be disposed of in accordance with the laws governing such proceedings in force in any such covenanting state immediately before the appointed day.' 6. by .....

Sri T. Ravi and anr. Vs. State of Karnataka by Hariharapura Police Sta ...

Court : Karnataka

Reported in : 2006(4)KarLJ15

..... to twenty five thousand rupees. by amendment effected by the karataka forest (amendment) act 2001, the provision has been modified and the punishment now provided for the said offence is imprisonment which may extend to ten years, and fine which may extend to one lakh rupees. part ii of the 1st schedule to the code of criminal procedure provides that where punishment provided for ..... high court government pleader after verifying the provisions of the karataka forest act as amended submits that since there is no special provision in the karataka forest act empowering a magistrate to try an offence under the karataka forest act carrying a sentence exceeding seven years, the provisions of the code of criminal procedure will prevail and therefore in case, this court accepts the plea .....

The State Vs. Pyarey Mohan Lal Srivastava

Court : Allahabad

Reported in : AIR1953All694

..... for a sessions judge seized of a case returning that case or sending it to a special judge for trial. there is, we find, no provision in the criminal law amendment act (act 46 of 1952) whereby a judge seized of a sessions trial has been authorized or directed to send such a case to a special judge, under the scheme ..... to the special judge -having jurisdiction over such cases.' if the intention of the legislature was that sessions trials involving offences mentioned in section 6 of the criminal law amendment act were also to be so transferred to the file of the special judge then it would have been clearly put down by the legislature in this section or ..... already made up his mind, in regard to there being, at least, a prima facie case against the accused. 5. a reading of section 7 of the criminal law amendment act which we have quoted earlier in this judgment indicates to us that the section has not been made retrospective by the legislature specifically. in our judgment there areno necessary .....

Damodar Ganesh and ors. Vs. State

Court : Mumbai

Reported in : AIR1951Bom459; (1951)53BOMLR739; 1953CriLJ37

..... occupation, trade or business. he, therefore, submits that in considering the reasonableness or otherwise of the restriction imposed by section 7 of the criminal law amendment act, the court should, in pronouncing upon the reasonableness or otherwise of that restriction, attempt to reconcile these conflicting rights. we see great force in ..... of the petitioners without any abridgment of their exercise of any other fundamental right. in testing, therefore, the validity of section 7 of the criminal law amendment act, we have to see whether this restriction on freedom of movement, viz., loitering under certain circumstances accompanied by the requisite intention is justified by ..... to assist in the running of that establishment, or customers not to patronize that establishment. such action would be covered by section 7, criminal law amendment act. leaving aside the words which import some idea of obstruction, violence or intimidation which are undoubtedly alien to any idea of peaceful picketing, .....