Judgment Search Results Home > Cases Phrase: criminal law amendment act 2013 section 21 amendment of section 309 Page 1 of about 8,708 results (0.236 seconds)

N.R. Bhat Vs. State by CBI/SPE, Bangalore

Court : Karnataka

..... by criminal law (amendment) act, 2013, both sub-section (1) and the proviso introduced therein make it mandatory to hold trial on day-to-day basis and adjournment should be allowed only when it is absolutely required and that too, for reasons to be recorded. ..... as already directed by the hon ble apex court, the karnataka judicial academy to take all steps to effectively sensitize all the judicial officers holding criminal trials as per the mandate of section 309, cr.p.c. ..... hence, all possible steps are to be taken by the criminal courts to achieve the object of section 309 of cr.p.c. ..... having noticed the inordinate delay in conducting trial, this court feels that some effective guidelines are required to be issued to all criminal courts in the state in the matter of holding trial on a day-to-day basis in order to achieve the object of section 309 of cr.p.c. ..... clause (2) of sub-section (2) of section 309 further states that no adjournment shall be granted unless for reasons to be recorded ..... it is not justification to glide on any alibi by blaming the infrastructure for skirting the legislative mandates embalmed in section 309 of the code. ..... at any rate inconvenience of an advocate is not a special reason for bypassing the mandate of section 309 of the code. 14. ..... the first sub-section (of section 309 cr.p.c. ..... 672-74) 10 section 309 of the code of criminal procedure (for short the code ) is the only provision which confers power on the trial court for granting adjournments in criminal proceedings. .....

N R Bhat Vs. State by Cbi/Spe

Court : Karnataka

..... by criminal law (amendment) act, 2013, both sub-section (1) and the proviso introduced therein make it mandatory to hold trial on day-to-day basis and adjournment should be allowed only when it is absolutely required and that too, for reasons to be recorded. ..... as already directed by the hon ble apex court, the karnataka judicial academy to take all steps to effectively sensitize all the judicial officers holding criminal trials as per the mandate of section 309, cr.p.c. ..... hence, all possible steps are to be taken by the criminal courts to achieve the object of section 309 of cr.p.c. ..... having noticed the inordinate delay in conducting trial, this court feels that some effective guidelines are required to be issued to all criminal courts in the state in the matter of holding trial on a day-to-day basis in order to achieve the object of section 309 of cr.p.c. ..... clause (2) of sub-section (2) of section 309 further states that no adjournment shall be granted unless for reasons to be recorded ..... it is not justification to glide on any alibi by blaming the infrastructure for skirting the legislative mandates embalmed in section 309 of the code. ..... at any rate inconvenience of an advocate is not a special reason for bypassing the mandate of section 309 of the code.14. ..... the first sub-section (of section 309 cr.p.c. ..... 672-74) 10 section 309 of the code of criminal procedure (for short the code ) is the only provision which confers power on the trial court for granting adjournments in criminal proceedings. .....

Shiva @ Savaram Vs. State

Court : Rajasthan Jodhpur

..... section 309 of the criminal procedure code was amended by the parliament vide the criminal law (amendment) bill, 2012 i.e. ..... the criminal law (amendment) bill, 2103 seeks to amend the indian penal code, 1860, the criminal procedure code, 1973, the indian evidence act, 1872 and the protection of children from sexual offences act, 2012. ..... bail application no.8610/2013 the basis of false allegations has set the criminal law into motion. ..... bail application no.8610/2013 sections 342, 376, 354(a), 506 and 509/34 of ipc and section 23, 26 of juvenile justice (care and protection of children) act 2000 and section 8 of protection of children from sexual offences act, 2012. ..... thus noticing the necessity of speedy trial, this court directs the trial court to proceed with this case from 16.11.2013 onwards and decide the issue whether cognizance is to be taken against the accused or not and if so, for what offences ?. ..... bail application no.8610/2013 it will be also necessary to notice that law commission in its report no.239 has recommended that expeditious investigation and trial of criminal cases against an influential person, is an imperative. ..... it is to be noted with lot of satisfaction that due to initiative taken by the courts, the legislature by introducing act no.5 of 2009 had introduced section 357a by enacting victim compensation scheme. .....

Sanchita Gupta @ Shilpi Vs. State

Court : Rajasthan Jodhpur

..... section 309 of the criminal procedure code was amended by the parliament vide the criminal law (amendment) bill, 2012 i.e. ..... the criminal law (amendment) bill, 2103 seeks to amend the indian penal code, 1860, the criminal procedure code, 1973, the indian evidence act, 1872 and the protection of children from sexual offences act, 2012. ..... bail application no.8610/2013 the basis of false allegations has set the criminal law into motion. ..... bail application no.8610/2013 sections 342, 376, 354(a), 506 and 509/34 of ipc and section 23, 26 of juvenile justice (care and protection of children) act 2000 and section 8 of protection of children from sexual offences act, 2012. ..... thus noticing the necessity of speedy trial, this court directs the trial court to proceed with this case from 16.11.2013 onwards and decide the issue whether cognizance is to be taken against the accused or not and if so, for what offences ?. ..... bail application no.8610/2013 it will be also necessary to notice that law commission in its report no.239 has recommended that expeditious investigation and trial of criminal cases against an influential person, is an imperative. ..... it is to be noted with lot of satisfaction that due to initiative taken by the courts, the legislature by introducing act no.5 of 2009 had introduced section 357a by enacting victim compensation scheme. .....

Maheswari Vs. 1. the Secretary to Government,

Court : Chennai

..... *(substituted by the criminal law (amendment) act, 2013 (13 of 2013) s.14 for under the age of fifteen years ..... to speculation and prophecy in the matter of determination of compensation, section 163a and the second schedule were inserted to the motor vehicles act, 1988, by amendment act 54 of 1994. ..... (1996) 2 scc648quot; has held that there is no reason to hold that section 306 and section 309 ipc to be unconstitutional and consequently overruled its decision in ".p.rathinam case". ..... the attempt to commit suicide is a punishable offence under section 309 ipc, which is congnizable, bailable, non compoundable and triable by the magistrate and if the boy had escaped from the death, certainly the police could have arrested and taken action against ..... in its decision ".rathinam/nagabushan versus union of india reported in (1994) 3 scc394quot;, holding that 'right to live with human dignity' under article 21 of the constitution includes 'right to terminate natural life' and that section 309 ipc is unconstitutional and hence void. ..... is also useful to extract sections 306 and 309 of indian penal code and the same is extracted below: ".306.abetment of suicide:- if any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.309. ..... , sections 306 and 309 ipc are constitutionally valid and there is no violation of either article 14 or 21 of the constitution .....

Ag Vs. Shiv Kumar Yadav and Anr.

Court : Supreme Court of India

..... the high court made a reference to the criminal law amendment act, 2013 providing for trial relating to offences under section 376 and other specified offences being completed within two months from the date of ..... occasion where we deem it just and appropriate to issue notice and call upon the union of india to file its response as to why it should not take initiative and sincere steps for introducing necessary amendment into crpc, 1973 involving trial for the charge of rape by directing that all the witnesses who are examined in relation to the offence and incident of rape cases should be straightaway produced before the ..... of section 311 crpc and section 138 evidence act, insofar as it comes to the question of a criminal trial, the order of re-examination at the desire of any person under section 138, will have to necessarily be in consonance with the prescription contained in section 311 ..... we are of the view that if the evidence is recorded for the first time itself before the judicial magistrate under section 164 crpc and the same be kept in sealed cover to be treated as deposition of the witnesses and hence admissible at the stage of trial with liberty to the defence to cross-examine them with further ..... be conducted on day to day basis keeping in view the mandate of section 309 cr.p.c.24. ..... before the learned additional sessions judge clearly reflects that while posting the matter on day to day basis, the court s only endeavour was to comply with the provisions of section 309 cr.p.c. .....

Shiv Kumar Yadav Vs. State

Court : Delhi

..... crime against women is on increase, in order to effectively deal with the situation, by criminal law amendment act, 2013, section 21 sub section 1 was substituted w.e.f. ..... single judge has held as under while interpreting section 309 of code of criminal procedure: merely because the prosecution is being done ..... in view of legislative mandate as incorporated under section 309 of the code of criminal procedure and repeated directions given by hon ble supreme court if the learned additional sessions judge conducted the trial of the case on day-to-day basis, no fault can be ..... section 309 of the code of criminal procedure (for short "the code") is the only provision which confers power on the trial court for granting adjournments in criminal ..... followed by the trial courts without providing scope for any deviation in following the procedure prescribed in the matter of a trial of sessions cases as well as other cases as provided under section 309 of code of criminal procedure. ..... under section 309 of the code of criminal procedure falling under chapter xxiv it has been specifically stipulated as under: (1) in every inquiry or trial, the proceedings shall be held as expeditiously as possible, and in particular, when the examination of ..... the learned additional sessions judge clearly reflects that while posting the matter on day to day basis, the court s only endeavour was to comply with the provisions of section 309 cr.p.c as far as possible while ensuring the right of the accused to a fair trial. .....

Doongar Singh Vs. The State of Rajasthan

Court : Supreme Court of India

..... in a criminal case of this nature, the trial court has to be mindful that for the protection of witness and also in the interest of justice the mandate of section 309 of the cr.p.c. ..... if the insistence 2 (1998) 7 scc 507 4 made by parliament through section 309 of the code can be adhered to by the trial courts there is every chance of the parties cooperating with the courts for achieving the desired objects and it would relieve the agony which witnesses summoned are ..... madhukar purshottam mondkar8 wherein it has been stated that an accused person by his conduct cannot put a fair trial into jeopardy, for it is the primary and paramount duty of the criminal courts to ensure that the risk to fair trial is removed and trials are allowed to proceed smoothly without any interruption or obstruction. ..... whatever be the truth in this allegation, the fact remains that such adjournments lack the spirit of section 309 of the code. ..... it is for the presiding officer of each court to chalk out any other methods, if any, found better for complying with the legal provisions contained in section 309 of the code. ..... we are compelled to proceed to reiterate the law and express our anguish pertaining to the manner in which the trial 4 5 6 7 (2001) 4 scc667(2001) 6 scc135(2015)3 scc220(2013)7 scc1086 was conducted as it depicts a very disturbing scenario. ..... in view of amendment to section 164 cr.p.c. ..... by the act no.5 of 2009, such statement of witnesses should be got recorded by audio-video electronic means.13. .....

Lalit Kumar Vs. M/S Grish Pal Garg

Court : Punjab and Haryana

..... that for summoning the accused person in a complaint without holding enquiry under the said section where he is residing outside the jurisdiction of the court would be violative of the amended provisions of the section, but whether this requirement would strictly apply in cases of offence under section 138 of the act has recently been considered by the court in the light of law laid down in s.k.bhowmik's case (supra) in criminal misc.m no.5325 of 2012 (piyush bharat saini versus paras gupta).decided ..... the revisional court after making reference to some of the judgment, like a.sathvanarayana versus c.nagaraj, 2000 (3) rcr 28.and k.bhaskaran versus sankaran vaidhyan balan and another, 1999(4) rcr (cri) 309 has observed that giving of notice is not same thing as receipt of notice. ..... -m no.8236 of 2013 (o&m) :3 : intervened to check this malady by amending the provisions of section 202 cr.p.c.to provide that in a case where accused is residing at a place beyond the area in which he exercised jurisdiction, then the magistrate is to postpone the issue of process against the accused to either enquire into the case himself or to ..... -m no.8236 of 2013 (o&m) :1 : in the high court of punjab and haryana at chandigarh date of decision: march 19, 2013 lalit kumar ...petitioner versus m/s grish pal garg ...respondent coram: hon'ble mr.justice ranjit singh 1 whether reporters of local papers may be allowed to see the judgment?. 2 ..... -m no.8236 of 2013 (o&m) :5 : resides outside the jurisdiction of the .....

The State Vs. Pyarey Mohan Lal Srivastava

Court : Allahabad

Reported in : AIR1953All694

..... section 7 of the criminal law amendment act of 1952 is in these words : '7(1) notwithstanding anything contained inthe code of criminal procedure 1898 (act 5of 1898) or in any other law the offencesspecified in sub-section (1) of section 6 shall be triableby special judges only. ' 2. ..... this is an application in revision by the state against an order of the learned sessions judge of lucknow holding that by virtue of section 7 of the criminal law amendment act (act 46 of 1952), he had no jurisdiction to continue the trial of the case. ..... ' 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 in some other separate section. 8. ..... it only emphasizes the fact that special judges were to have exclusive jurisdiction from the moment the act came into force in respect of offences mentioned in section 6 of the criminal law amendment act and no more. 6. ..... the only word in the section which possibly caused difficulty to the learned sessions judge is the word 'only' after the words 'special judges' in section 7 (1) of the criminal law amendment act of 1952. ..... 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. .....