Court : Mumbai
Reported in : 2002(6)BomCR239
..... relating to the scheduled offences. as already observed above. the preamble of the ordinance itself abundantly makes it clear that though the ordinance is called as 'criminal law amendment act 1944' in fact it relates to attachment and disposal of the property of a person who has procured such property by means of certain scheduled offences, ..... 28th august, 1998 authorised the appellant no. 2 herein to move for an attachment of the property of the respondent in terms of section 3(1} of criminal law amendment ordinance, 1944 hereinafter called as 'the said ordinance'. pursuant thereto, an application dated 24-4-1989 came to be filed before the learned chief judge, ..... been observed in the said decision that the said ordinance as its name indicates amendment of criminal law in relation to scheduled offences.6. there is no doubt that the name of ordinance does suggest the same to be an amendment to the criminal law. however, the perusal of the preamble of the ordinance discloses that the same .....
Tag this Judgment!Court : Mumbai
Reported in : 1985(2)BomCR633
..... that he cannot be tried alongwith the two army officers by the special judge. negativing this contention their lordships observed as follows :'under section 6 of the criminal law amendment act, 1952 the special judge may try and conspiracy to commit or any attempt to commit or any abetment of any of the offences punishable under sections 161, 165 ..... and another, : [1973]3scr818 . in that case two army officers and a businessman of gauhatti were put up for trial before the special judge appointed under the criminal law amendment act, 1952. one charge which was common to all the three of them was that between june 62 and january 63 all of them agreed to commit or caused to ..... and 15 for offences complained of against them, even though there is no sanction to prosecute them for any of the offences mentioned in section 6 of the criminal law amendment act. similarly petitioners 14 and 15 (original accused nos. 16 and 17) who allegedly abetted the offences under sections 218 and 221 i.p.c. can be .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1960AP151; 1960CriLJ307
..... whole of the evidence in the case, and the provisions of section 350 criminal procedure codewere not applicable to proceedings before a special judge prior to the criminal law amendment act, 1958 (act ii of 1958), whereby section 8 of the criminal law amendment act, 1952 (act xlvi of 1952) was amended by inserting sub-section (3-a). the new sub-section is in the ..... this case was recorded by the predecessor of the judge who ultimately found the accused guilty and sentenced him. i am clearly of opinion that before the criminal law amendment act of 1958 came into force on 27-2-1958, the provisions of section 350, cr. p. c. were not applicable to the proceedings before a ..... that the court of a special judge was not a court of session, and by reason of section 8(1) of the criminal law amendment act 1952 (act xlvi of 1952), the procedure prescribed by the criminal procedure code for the trial of warrant cases by magistrates, which procedure comprehended section 350 cr. p. c. as well, was applicable .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1958All492; 1958CriLJ834
..... legislature to confer the status of a sessions judge upon these special judges.28. for the reasons mentioned above, i am of the opinion that the criminal law amendment act (act xlvi of 1952) has createdspecial judges who differ from the sessionsjudges only in this respect that they follow adifferent mode of trial, but all the other ..... is not made applicable to the proceedings before the special judge under sub-section (1) of section 8 of the criminal law amendment act, 1952.5. the argument based on the provision made in section 9 of the criminal law amendment act, 1952, has already been dealt with by my brother mulla, j. and i do not consider it necessary to ..... language of section 251 of the code of cr. p. c. which existed at the time when the criminal law amendment act, 1952 was passed. at that time the code of criminal procedure had not been amended by the code of criminal procedure (amendment) act no. 26 of 1955 and section 251 of the code read as follows :'251. the following procedure .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1961All531; 1961CriLJ586a
..... to give our reasons for coming to this conclusion. 10. the main contention advanced before us is that parts of section 7 of the criminal law amendment act prohibit innocuous acts such as peaceful picketing and this violates the basic right guaranteed to a citizen. the argument needs a careful examination. there are two decisions ..... infringes the basic rights given to the citizens. on the analogy of these decisions it was contended that clause (b) of section 7 of the criminal law amendment act and the middle part of clause (a) are ultra vires of the constitution, because under these provisions peaceful picketing is also forbidden. these two decisions ..... and without arms; (d) to move freely throughout the territory of india.' the contention is that the underlined (here into ' ') portions of section 7 of the criminal law amendment act restricts these rights and, therefore, it transgreses the constitutional safeguards. we may as well quote clauses (2), (3) and (5) of article 19 of the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1960All618; 1960CriLJ1290
..... present case there was a modification by necessary implication of section 173 due to the enactment of section 7 of the criminal law (amendment) act, 1952 cannot be upheld.25. again, referring to section 8 of the criminal law (amendment) act which gave power to the special judge to take cognizance of an offence under section 161 or under sub-section ( ..... to take cognizance of the offence with which the petitioner was charged in the present case. but in view of the provision in section 7 of the criminal law (amendment) act, 1952, according to which a special judge alone is competent to try such an offence, the contention is put forward that section 173 cr. p. ..... cases by magistrates.'(the remaining provisions of this section are not necessary in the present case).14. it would appear from the above provisions of the criminal law (amendment) act 1952 that an offence of bribery under section 161 by a person, as the present petitioner is exclusively triable by a special judge appointed under the .....
Tag this Judgment!Court : Orissa
Reported in : AIR1958Ori150; 1958CriLJ916
..... the central government, the delhi special police establishment may investigate the offences specified in section 6 of the criminal law amendment act, 1952 and also other offences under the indian penal code.but the criminal law (amendment) act, 1952, deals only with the trial of a special class of offences by the special judges to ..... urged that the transfer order of the sessions judge was inoperative and cannot override the statutory notification issued by the state government under the criminal law (amendment) act, 1952.5. on the other hand, it was contended by the government advocate before this court that the aforesaid notification of the government ..... 4. ...... 5. additional sessions judge, ganjam-nayagarh. 6. ....... no. 14436a:-- dated 23-9-1953. in exercise of the powers conferred by section 6 of the criminal law amendment act, 1952 (xlvi of 1952) and in partial modification of the notification of the government of orissa in the home department, no. 14435a, dated 23-9-1953 the governor .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1962P& H487
..... that on 16th august, 1961, he had made a speech in the gurdawara sri dukh niwaran sahib, patiala, which disclosed an offence under section 6(2) of the criminal law (amendment) act 30 of 1960. the case against him was registered at the civil lines police station, patiala, on 19th of august, 1961m vide first information report no. 83. during ..... and the statements of the witnesses recorded by the police. the judgment does not contain any discussion of the powers vesting in the court under section 6(2) of the criminal law (amendment) act. the latter case of atma singh, cri. misc. no. 1894 of 1960 (punj) was decided by shamsher bahadur, j. on 16th november, 1960. again, the learned ..... put forward on behalf of the state is accepted, the offence would still be not one that would fall under sub-section (1) of section 6 of the criminal law (amendment) act, 1960. this is not the stage where i would like to express an opinion on these rival contentions that have been raised. i would, however, like to .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1978CriLJ192a; (1977)4SCC536; [1978]2SCR174
..... before a competent magistrate. it is argued that in such a case letting the special judge take cognizance of the offence under section 8(1) of the criminal law amendment act would make the provision discriminatory offending article 14 of the constitution. the argument is built on sub-section (2b) of section 337 of the code under which ..... in sub-section (2a). a magistrate shall, without making any further inquiry, send the case for trial to the court of the special judge appointed under the criminal law amendment act, 1952. thus under sub-section (2b) in the case of an offence mentioned in the sub-section the magistrate has to send the case for trial to ..... (2b), the prosecution can file the chargesheet either in the court of a competent magistrate or before the special judge who under section 8(1) of the criminal law amendment act, 1952 has power to take cognizance of the offence without the accused being committed to him for trial. it follows that if the magistrate takes cognizance of the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1979SC1255; 1979CriLJ1069; (1979)4SCC5; [1979]3SCR928
..... . strictly he is not a sessions judge for no sessions judge can take cognizance as a court of session without committal. the criminal law (amendment) act being an amending act the provisions are intended to provide for a speedy trial of certain offences. the criminal law (amendment) act is no intended to be a complete code relating to procedure. the provisions of the cr.p.c. are not excluded unless ..... the contention raised in this appeal it is necessary to examine the relevant provisions of the criminal law amendment act of 1952 and the relevant provisions of the criminal procedure code act of 1974. the criminal law amendment act 66 of 1952 was enacted on 28.7.1952 to further amend the indian penal code and the criminal procedure code 1898 and to provide for a more speedy trial of offences. it may be noted that .....
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