Judgment Search Results Home > Cases Phrase: criminal law amendment act 2013 section 21 amendment of section 309 Page 9 of about 8,708 results (0.231 seconds)

Dayanand B. Nayak Vs. Ketan K. Tirodkar and anr.

Court : Mumbai

Reported in : 2004CriLJ2177

..... bench while interpreting the provisions of the prevention of corruption act, 1947, as well as implications of section 8(1) as introduced by the criminal law amendment act, 1952 once again clarified the procedural law to be followed by the special court. ..... 'it appears that the learned counsel for the complainant in support of his contention that prior sanction as set out in section 23(2) of the act is not applicable to a private complaint entertained by the special court is relying upon the observations 'we must bear in mind that the sanction is not granted to the designated court to take cognizance of the offence, it is ..... certain provisions of the code: (1) notwithstanding anything contained in the code or in any other law, every offence punishable under this act, shall be deemed to be cognisable offence within the meaning of clause (c) of section 2 of the code and 'cognisable case' as defined in that clause shall be construed accordingly ..... the accused being committed to it for trial' have been obviously added in section 9(1) of the act to get over the bar of section 193 of the code keeping in mind the fact that under section 5 of mcoca the special court is sessions court or the additional sessions court ..... section 8(1) as introduced by 1952 act reads thus:'a special judge may take cognizance of offences without the accused being committed to him for trial, and in trying the accused persons, shall follow the procedure prescribed by the code of criminal procedure, 1898, for trial of .....

State of U.P. Vs. Smt. Indramani Jatia and ors.

Court : Allahabad

Reported in : AIR1963All484

..... the rashtriya swamasewak sangh, which body was declared an unlawful association in february, 1948, under section 17-a of the indian criminal law amendment act 14 of 1908 (to be referred hereafter as the act). ..... as the liability of the state of uttar pradesh for payment of damages is concerned, twofold arguments were advanced by the learned counsel appearing for the state: that under section 17-f of the act the state government was not liable in damages at all and that even if any one was liable, the officers who did not discharge their statutory liability must be held ..... retention of possession over the premises, therefore, after the withdraw of notification issued under section 17-a (1) was illegal.when the government or its officers continued to retain possession over the premises in spite of the mandatory provisions of sub-section (3) of section 17-a and also section 17-d, it cannot be said that they acted in good faith, and in either view, therefore, the tatter part of section 17-f would not apply and the government would be liable in damages to the ..... section 17-f of the act no doubt says that no civil or criminal proceeding shall be instituted against any person for anything in good faith done or intended to be done under the said sections (sections 17-a to 17e) or against government or any person acting on behalf of, or by the authority of, government for any loss or damage caused to or in respect of any property whereof possession has been taken by government under the act .....

Bantu Vs. the State of U.P.

Court : Supreme Court of India

Reported in : JT2008(8)SC136; (2008)11SCC113; 2008AIRSCW6401; 2008(3)Crimes264

..... sections 375 and 376 have been substantially changed by criminal law (amendment) act, 1983, and several new sections were introduced by the new act, i.e. ..... show they were of the existence of death penalty as punishment for murder, under the indian penal code, if the 35th report and subsequent reports of the law commission suggesting retention of death penalty, and recommending revision of the criminal procedure code and the insertion of the new sections 235(2) and 354(3) in that code providing for pre-sentence hearing and sentencing procedure on conviction for murder and other capital offences were before ..... friedman in his 'law in changing society' stated that, 'state of criminal law continues to be as it should be a decisive reflection of social consciousness of society'. ..... parliament and presumably considered by it when in 1972-73 it took up revision of the code of 1898 and replaced it by the code of criminal procedure, 1973, it is not possible to hold that the provision ..... 83 of 2004 having been confirmed by the allahabad high court in appeal and in the reference made under section 366 of the code of criminal procedure, 1973 (in short the `code') this appeal has been filed. .....

Yashwant Venilal Sanghvi Vs. Sahdevsinh Dilubha Zala

Court : Gujarat

Reported in : (2006)3GLR1873

..... beliefs of a class of citizens of india; (iii) that the accused did so with the deliberate and malicious intention of outraging the religious feelings of that class.63. so far as the legislative history of this section is concerned, it is to be noted that it has been introduced by criminal law amendment act (xxv of ..... till this day there is existing one salutary principle that in normal circumstances, the law courts would not thwart any investigation and criminal proceedings initiated must be allowed to have its own course under the provisions of the ..... perspective and to adjudicate the controversy raised in this batch of petitions, it would be advantageous to refer to the facts stated in the complaint annexed to special criminal application no.666 of 2004 wherein relief sought for is quashment of the fir registered vide cr no.115 of 2004 at surendranagar police station for alleged commission of the offences under sections 295a, 505-c, 120b and 114 of ipc.5. ..... she has also stated that the law on the subject is well established that for quashing of fir or criminal complaint what is to be seen is the allegations made in fir or complaint only and the petitioners herein though well educated and well aware about the position of law, have deliberately joined her as respondent no.2 for oblique ..... . the question whether section 195 and 340 of the criminal procedure code affect the power of the police to investigate into a cognizable offence has already been considered by this court in the .....

Ratan Gope Vs. the State of Jharkhand

Court : Jharkhand

..... petitioner has been made accused for the offence under sections 302 , 326 / 34 of the indian penal code read with section 27 of the arms act and section 17 of the criminal law amendment act in connection with kolebira p.s. .....

Sri. L.C. HussaIn S/O. Chamansab, First Grade Revenue Inspector, Town ...

Court : Karnataka

Reported in : ILR2009KAR2470:2009(3)KCCR1973:2009(6)AIRKarR61

..... state of karnataka : ilr 2001 kar 5651 and it is held as under:the provision in section 26 clearly postulates that any notification issued by the state government under section 26 are the criminal law (amendment) act, appointing the special judge for any specified area, to try the offences under the prevention of corruption act, 1947, would hold good for the purpose of section 3 of the act of 1988 as well. ..... annojirao, to show official favour in the matter of change of khata of house property and thereby is guilty of offence punishable under section 7 of the prevention of corruption act, 1988?ii whether the prosecution proves beyond all the reasonable doubt that the accused, being a public servant, is guilty of the offence of criminal misconduct within the meaning of section 13(1)(d) of the prevention of corruption act, 1988?iii. ..... after hearing both the parties and on appreciation of the entire evidence on record the sessions court passed the impugned judgment convicting the accused for the offences punishable under sections 7 and 13(1)(d) read with section 13(2) of the act and sentenced to undergo rigorous imprisonment for a term of 2 years and to pay fine of rs. ..... parthiban 2007(1) 520 held that the principles of underlying section 8 of the general clauses act, 1897 specifies that when as act is repealed and re-enacted unless a different intention is expressed by the legislature, the reference to the repealed act would be considered as reference to the provisions so re-enacted. .....

State of Haryana and Others Vs. Mohinder Singh

Court : Supreme Court of India

Reported in : AIR2000SC890; 2000(1)ALD(Cri)535; (2001)1CALLT51(SC); 2000CriLJ1408; JT2000(1)SC629; RLW2000(2)SC241; 2000(1)SCALE465; (2000)3SCC394; [2000]1SCR698; 2000(1)LC463(SC)

..... under the foreigners act, 1948 and the passport act, 1967; iii) pakistani nationals; iv) the persons sentenced under section 2 and 3 of criminal law amendment act, 1961 and sections 121 to 130 of the indian penal code, 1860; v) the persons sentenced under sections 3, 4, 5, 6 to 10 of the official secrets act, 1923; vi) the persons imprisoned for failing to give security for keeping peace for their good behavior under sections 107/109 of the criminal procedure code, 1973 ..... , 308, 323, 324, 325, 326, 332, 333, 352, 353 or 377 of the indian penal code, or of an assault committed after admission to jail on a warder or other officer or under section 6 of the good conduct prisoners' probational release act, 1926 (x of 1926), the remission of whatever kind earned by him under these rules up to the date of the said conviction may, with the sanction of the inspector-general of prisons, be cancelled.635 ..... (6) the provisions of the above sub-sections shall also apply to any order passed by a criminal court under any section of this code or of any other law which restricts the liberty of any person or ..... offence punished by a warning) and has earned at least three annual good conduct remissions:provided that nothing herein shall apply to a prisoner who-(i) is a habitual offender as defined in sub-section (3) of section 2 of punjab habitual offenders (control and reform) act, 1952; or(ii) has been convicted of dacoity or such other offence as the state government may, by notification, specify. .....

Aman Kumar and anr. Vs. State of Haryana

Court : Supreme Court of India

Reported in : AIR2004SC1497; 2004(1)ALD(Cri)757; 2004CriLJ1399; JT2004(2)SC274; 2004(2)SCALE356; (2004)4SCC379

..... sections 375 and 376 have been substantially changed by criminal law (amendment) act, 1983, and several new sections were introduced by the new act, i.e. ..... in the crime of rape, '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 (stephens criminal law, 9th ed. ..... essential ingredients of the offence punishable under section 354 ipc are that the person assaulted must be a woman, and the accused must have used criminal force on her intending thereby to outrage her modesty. ..... an attempt may be described to be an act done in part execution of a criminal design, amounting to more than mere preparation, but falling short of actual consummation, and, possessing, except for failure to consummate, all the elements of the substantive crime. ..... the trial court found the accused persons guilty of offence punishable under section 376(2)(g) of the indian penal code, 1860 (in short the 'ipc'). ..... the will is not be taken for the deed unless there be some external act which shows that progress has been made in the direction of it, or towards maturing and effecting it. ..... in that chapter, there is a separate heading for 'sexual offences', which encompass sections 375, 376, 376a, 376b, 376c and 376d. ..... there is no rule of law that her testimony cannot be acted without corroboration in material particulars. ..... if the attempt fails the crime is not complete, but law punishes the person attempting the act. .....

Officer-in-charge, Customs, Berhampur Preventive Unit Vs. Minati Biswa ...

Court : Kolkata

Reported in : 1984(2)ECC219,1983(12)ELT798(Cal)

..... 1 minati biswas was convicted of an offence under section 4(1) of the bengal criminal law amendment act and sentenced to pay a fine of rs. ..... he draws our attention to section 5 of the code of criminal procedure, 1973 laying down 'nothing contained in this code shall in the absence of a specific provision to the contrary, affect any special or local law for the time being in force or any special jurisdiction or power conferred, or any special form of procedure prescribed, by ony other law for the time being in force'. ..... we like to remind ourselves of the provisions contained in the proviso to section 110(1) of the customs act which lays down 'provided that where it is not practicable to seize any such goods, the proper officer may serve on the owner of the goods an order that he shall not remove, part with or otherwise deal ..... mr sanyal contends that the provisions of the criminal procedure code are subject to special and local laws and the customs act. ..... reference to the provision of section 151 customs act laying down that certain officers are required to assist the officers of customs in the execution of the act will also be appropriate ; amongst the officers required to assist. ..... he draws our attention specially to sections 104, 105, 107, 110, 111 and 122 of the customs act to strengthen his arguments that the customs act prescribes a special form for initiation of confiscation proceedings and for search and seizure of goods liable to be levied duty under the customs act. .....

Phanindra Nath Maity Vs. State of West Bengal

Court : Kolkata

Reported in : 1996CriLJ590

..... as amended by section 4 of the code of criminal procedure (west bengal amendment) act, 1988 ..... . here, i feel inclined to refer to paragraph 26 of the authority referred to above as 1993, calcutta criminal law journal (cal) 31, wherein a legal proposition has been laid down that the magistrate shall, to the knowledge of the accused and the investigating officer, take up the matter without delay either suo motu or on prayer ..... here it is well to notice that even if the instant case had been instituted some time later than 2-5-89 and the accused had appeared some time after that, the provision of law under section 167(5) as it stood then would have entitled him for an order of discharge only after two years of his appearance in absence of any order for continuation of the investigation ..... the state of west bengal, 1993 calcutta criminal law journal (calcutta) 31 ..... but the gravity of the alleged offence alone would not certainly take away of the effect of law as provided under section 167(5) of the cr. p. c.7 ..... it would rather be apt to mention that a responsibility is enjoined upon the magistrate also to see that the mandates of law under section 167(5) of the cr. p. c ..... main thrust of the instant case revision is based on the provision of law laid down under subsection (5) of section 167 of the cr. p. c. ..... . in any view of the matter the law would never permit the liberty of availing an order of continuation of an investigation after a long lapse of more than three years as occurred in the instant .....