Court : Mumbai
Reported in : 2001ALLMR(Cri)1359; 2002BomCR(Cri)313; (2001)4BOMLR258; II(2001)DMC456; 2001(4)MhLj184
..... of section 498a of the indian penal code, which was brought on the statute by the criminal law (second amendment) act, 1983 (act 46 of 1983). this was for the first time that concept of mental cruelty was given recognition in the criminal jurisprudence of our country. if the conduct of the husband in having illicit relationship with another ..... for a term which shall not be less than seven years but which may extent to imprisonment for life.'20. the simultaneous and consequential amendment of section 113b introduced in the indian evidence act, 1872 lays down presumption as to dowry death, which states as follows :'113-b. presumption as to dowry death.- when the question ..... section 304b (dowry death) was inserted in the indian penal code by act 43 of 1986, section low.e.f. 19th november, 1986. along with section 304b, suitable amendment was also made in the indian evidence act, 1872, and section 113b also was inserted therein by act 43 of 1986 w.e.f. 19th november, 1986. section 304b .....
Tag this Judgment!Court : Mumbai
Reported in : 1982(1)BomCR760
..... pardon. it is this application which was numbered as exh. 128. the impugned order states that the application was under section 8(2) of criminal law amendment act read with section 307 of the criminal procedure code. the order further states that the a.p.p. had consented to accepting the accused as approver and giving evidence in support of the prosecution ..... this order which is impugned in the present application. it may be mentioned that the proceeding before this court ought to have been numbered as a criminal application and not a criminal revision application.4. mr. chitnis on behalf of the petitioners submitted that it was improper on part of the special judge to grant conditional pardon to ..... found in paragraphs 11,14 and 15.6. it would appear from a proper perusal of the said supreme court case that the special judge there had act on his own even without making a reference of the application for grant of pardon to the prosecuting agency .the case before the supreme court like the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1961AP3; 1961CriLJ33
..... by the penal code. in my view, the attention of the learned judge was evidently not drawn to the specific terms of section 7 of the criminal law amendment act xlvi of 1952. it may be stated that section 6 which confers power upon the state government to appoint special judges provides that such judges may be ..... thecriminal courts recognised by the code of criminal procedure. his powers are conferred by and confined to section 6 of the criminal law amendment act (xlvi of 1952) and delimited to certain offences specified ..... ground upon which he held that a special judge has no jurisdiction to try offences under the act along with offences under the code, is, with due deference, not warranted by the provisions of section 7(3) of the criminal law amendment act. the learned judge says at p. 525 thus: '......the special judge is not one of .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1952All359
..... denied, that he thereby in any manner assisted the aforesaid unlawful association. the learned magistrate in convicting the applicant of the offence under section 17 (1), criminal law amendment act relied upon the contents of the recorded documents. according to his reading they indulged in high praise of the rashtriya swayam sewak sangh and denounced the stand ..... is directed against the order of the additional district magistrate, lucknow. the applicant eamesh chandra nigam was prosecuted for an offence under section 17(1), criminal law amendment act (act xiv [14] of 1908) for assisting the operations of the rash-triya swayam sewak sangh, which was declared an unlawful association by the provincial ..... , there must be an intention to that effect present in the mind of the accused and the acts and operations of the association must be so connected together that it may be possible for a court of law to infer from them the existence of a design or calculation. in the present case, apart from .....
Tag this Judgment!Court : Allahabad
Reported in : 2000CriLJ1324; II(2000)DMC608
..... to cruelty as defined in explanation to section 498a, i.p.c. between 3.2.1982 and april/may, 1983 and not thereafter. section 498a has been inserted by criminal law (second amendment) act, 1983 (act 46 of 1983) with effect from december 25,1983. at the time when the alleged offence was committed, section 498a, i.p.c. was not in existence and it ..... .p.c. are alleged to have been committed by the accused prior to the date on which the aforesaid section was incorporated in the indian penal code by means of criminal law (second amendment) act, 1983. in these circumstances, the conviction of the accused-applicants under section 498a will clearly violate clause (1) of article 20 of the constitution. since the accused cannot be .....
Tag this Judgment!Court : Orissa
Reported in : AIR1967Ori52; 1967CriLJ570
..... under the circumstances of the case, the sentence is reduced to the period already undergone.10. coming to the charge under section 7(1)(b) of the criminal law amendment act, it was urged by the learned counsel for the petitioners that there is nothing in evidence to suggest the commission of the offence under section 7(1)(b). ..... were in the procession are aware or the conditions of the licence; and (2) that the requisites to constitute an offence under section 7(1)(b) of the criminal law amendment act, 1932 being absent, none of the petitioners can be convicted under that section. 7. the undisputed fads, as found by the courts below are:(1) that a ..... disperse in spite of the direction of the police and magistrate. they were, therefore, arrested and prosecuted under section 32 of the police act and under section 7(1)(b) of the the criminal law amendment act, 1932.4. the accused persons admitted that they went to the collectorate in a procession with many others shouting slogans, but their .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1951SC174; 1951CriLJ400; (1951)IMLJ431(SC); [1951]2SCR212
..... you have been assisting the operations of the communist party of india, which along with its volunteer organisations has been declared unlawful by government under section 16 of the indian criminal law amendment act (act xiv of 1908), and which has for its object commission of rioting with deadly weapons, robbery, dacoity, arson and murder and possession and use of arms and ammunitions and explosives ..... that in furnishing the grounds dated the 14th march, 1950, the authorities had failed to act in accordance with the procedure laid down in article 22(5) of the constitution. under the bengal criminal law amendment act, 1930, a very large number of persons were detained. the validity of that act was being challenged in the high court and the judgment was expected to be delivered .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2005SC682; 2005(1)ALD(Cri)510; 2005(1)BLJR330; (2005)3CALLT62(SC); 2005CriLJ913; JT2005(2)SC122; (2005)2SCC710
..... 376-b, 376-c, and 376-d, 'rape' is defined in section 375. sections 375 and 376 have been substantially changed by criminal law (amendment) act, 1963, and several new sections were introduced by the new act, i.e. 376-a, 376-b, 376-c and 376-d. the fact that sweeping changes were introduced reflects the legislative intent ..... , 'carnal knowledge' means the penetration to any the slightest degree of the organ alleged to have been carnally known by the male organ of generation (stephen's 'criminal law' 9th ed. p.262). in 'encyclopoedia of crime and justice' (volume 4, page 1356) it is stated '......even slight penetration is sufficient and emission is ..... security of persons and property of the people is an essential function of the state. it could be achieved through instrumentality of criminal law. undoubtedly, there is a cross cultural conflict where living law must find answer to the new challenges and the courts are required to mould the sentencing system to meet the challenges. the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1961SC1241; 1961CriLJ302; [1962]1SCR194
..... he is competent to exercise under the prevention of corruption act or the criminal law amendment act. section 6 of the former provides that the state government may appoint a special judge to try the following offences : (a) an offence punishable ..... try the offences under s. 120b read with sections 466, 467 and 420 because he was appointed a special judge under the criminal law amendment act only for trying offences under the prevention of corruption act. no doubt, he was appointed in the circumstances stated by the high court, and therefore he will have that jurisdiction which ..... indian penal code. 4. the subordinate judge, vijayawada was appointed as special judge under the provisions of s. 6 of the criminal law amendment act, 1952 (ii of 1952) to try offences under the prevention of corruption act, 1947. he framed the following charges : 'charge no. 1. that you, accused 1 to 9 on or about 19 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1972SC2086; 1972CriLJ1323; (1972)3SCC676; [1973]1SCR392; 1972(4)LC938(SC)
..... all the facts.... these conclusions are the 'grounds' and they must be supplied. 12. all the above decisions in our opinion clearly show what the requirements of the criminal law amendment act are and it appears to us that the state government merely gave its opinion and not the grounds for its opinion. as such the judgment of the high ' court ..... madhyapradesh dismissing the writ petition of the appellant challenging the order of the state government under section 5 of the criminal law amendment act of 1961) forfeiting the copies of a book published by the appellant under section 4(1) of the-act, can be disposed of on the short ground that the order did not disclose the grounds of the opinion ..... india;and whereas it appears to the state government that the said three books contain matter the publication of which is punishable under section 2 of the criminal law amendment act, 1961 (no. 23 of 1961);now therefore in exercise of the powers conferred by sub-section (1) of section 4 of the .....
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