Court : Gujarat
Reported in : 1981CriLJ232; (1980)2GLR926
..... offence, otherwise non-cognizable, is committed in urban areas, without the police having the power to arrest an offender, it is likely to lead to unhealthy developments in the society, therefore, the policy and philosophy which section 10 of the criminal law amendment act,_ 1932 incorporates art) such as have rational nexus with the maintenance of law and order in urban areas where there is a large expansion of industrial and political activities. ..... , applying the rule of construction laid down in section 8 of the general clauses act, 1897, we read both in section 10 of the criminal law amendment act, 1932 and in the impugned notification reference to ..... we are, therefore, required in this case to decide whether sub-sections (11 and (2) of section 10 of the criminal law amendment act, 1932, are intra vires article 14 or ultra vires it and whether the notification or notifications issued thereunder ..... the provision so re-enacted,(2) where before the fifteenth day of august, 1947, any act of parliament of the united kingdom repealed and re-enacted, with or without modification, any provision of a former enactment, then references in any central act or in any regulation or instrument to the provision so repealed shall, unless a different intention appears, be construed as references to the provision so re-enanted.therefore, applying the rule of construction laid down in section 8 of the general clauses act, we must read in section 10 of the criminal law amendment act, 1932. cr. p.c. .....
Tag this Judgment!Court : Gujarat
Reported in : 2007CriLJ1584; (2007)2GLR1165
..... track court, bhuj-kutch, vide judgment and order dated 25-3-2004 for the offence under sections 120(b), 121, 121(a), 122, 123 and 124(a) and 34 of the indian penal code, sections 25(d), 25(1)(aa), 25(1)(b)(c)(f) of arms act, sections 4(b), 5 and 6 of explosive substances act, 1908, section 3 of criminal law amendment act, sections 3 and 6 of indian passport rules (entry into india), section 13(2) of foreigners act amended section 14 and section 6(1-a) of indian wireless and telegraphic act. ..... court, bhuj-kutch, for the alleged commission of offences punishable under sections 120(b), 121, 121(a), 122, 123 and 124(a), 489-a and 34 of the indian penal code, sections 25(d), 25(1)(aa), 25(1)(b)(c)(f) of arms act, sections 4(b), 5 and 6 of the explosive substances act, 1908, section 3 of criminal law amendment act, sections 3 and 6 of indian passport rules (entry into india), section 13(2) of foreigners act amended section 14 and section 6(1-a) of indian wireless and telegraphic act.2. ..... awarded for the offence under section 3 of criminal law amendment act as well as for the offence under section 6(1-a) of indian wireless and telegraphic act. ..... as regards the statements recorded by the customs authorities of various persons including the present appellants-accused under section 108 of customs act, same has been objected by the learned counsel for the appellants-accused in the court below as ..... to suffer ri for six months for the offence under section 13(2) of foreigners act amended section 14. .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Gujarat
Reported in : 1963CriLJ556; (1963)0GLR563; (1963)IILLJ540Guj
..... 7 of the criminal law amendment act is an enabling provision, which confers jurisdiction on the special judge to try offences which arise in the course of the same transaction, which are allied with the principal offence for the trial of which he is appointed a ..... 8(3) of the criminal law amendment act that the court of the special judge shall be deemed to be a court of session trying cases without a jury or without the aid of assessors and it is not necessary to have an order of commitment to the court of a special ..... 7 of the criminal law amendment act, 1952, that the special judge got jurisdiction to try offences under ..... section 187 of the bombay village panchayats act, 1958, provides that if any difficulty arises in giving effect to the provisions of this act, the state government may, by an order published in the official gazette, do anything not inconsistent with the provisions of this act, which appear to it to be necessary or expedient for the purpose of removing the ..... of the prevention of corruption act, he has no jurisdiction to try the other allied offences for which power has been conferred upon him under sub-section (3) of s. ..... is clear that sub-section (3) of s. ..... is by virtue of the operation of sub-section (3) of s. ..... can be tried only by a special judge, and under sub-section (3) of s. ..... have no application to the facts of this case and, therefore, they do not arise for consideration and it is clear from the provisions of sub-section (1) of s. ..... (a) and (b) of sub-section (1) of s. .....
Tag this Judgment!Court : Gujarat
Reported in : (1971)12GLR894
..... subsequently by anti-corruption laws (amendment) act (40 of 1964) the words 'other than the offence of defamation by spoken words' were deleted, and simultaneously sub-section (5a) was introduced a portion of which is impugned in these applications. ..... the parliament intervenes and by the code of criminal procedure (amendment) act (26 of 1955) introduced section 198b which made notable departure in initiation of proceedings for offence of defamation. ..... the sentence for contempt of court, it was finally observed that 'in view of this nation's historic distrust of secret proceedings, their inherent dangers to freedom and the universal requirement of our federal and state governments that criminal trial be public, the fourteenth amendment's guarantee that no one shall be deprived of his liberty without due process of law means at least that an accused cannot be thus sentenced to prison. ..... speaking for the majority has observed at page 8:it is well settled that in general, all cases brought before the courts, whether civil, criminal or others, must be heard in open court public trial in open court is undoubtedly essential for the healthy, objective and fair administration of justice. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1963Guj15; 1963CriLJ162; (1962)GLR701
..... did so by way of ex majore cautela, it makes no difference as the acts of criminal breach of trust the acts of misconduct as defined in section 5(1) (c) of the prevention of corruption act and the acts of making false entries were acts arising out of the same transaction and, therefore, triable in one trial as contemplated by sub-section (3) of section 7 of the criminal law amendment act, 1952. ..... mankad, were acts of misconduct, each in itself a completed offence; and (2) whether the learned special judge had jurisdiction to try the accused on the charge under section 477-a of the penal code as his jurisdiction was confined to offences enumerated in sections 6 and 7 of the criminal law (amendment) act, 1952; and the offence under section 477-a was not one of them and,therefore, was triable by the learned sessions judge, kutch, as the offence arose within the jurisdiction of ..... that the learned special judge had no jurisdiction to try the accused under section 477-a even in a separate trial as these charges were not in regard to an offence in respect of which the criminal law amendment act conferred jurisdiction upon the learned special judge. ..... (2) that the trial suffered from illegality as thecharges were in contravention of sections 233 and 234 of the code of criminal procedure inasmuch as the offences or criminal breach of trust under section 409 of the penal code, misconduct arising from the acts of criminal breach of trust and falsifications of accounts in respect of the sums of .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2010Guj30; (2010)1GLR437
..... sc 2086 had occasion to examine the legality of the order of the government issued under section 5 of the criminal law amendment act (act of xxiii of 1961) forfeiting the copies of a book published by the appellant. ..... law on the point, we are of the view that notification issued by the state government under section 95 of the code of criminal procedure falls short of statutory requirements of that section and consequently, it cannot stand in the eyes of law.15 ..... government of gujarat in exercise of the powers conferred under section 95 of the code of criminal procedure, 1973 (for short cr.pc) read with section 153a and 153b of the indian penal code (for short ipc) issued a notification dated 19th august, 2009 ordering to forfeit and prohibit the book named jinnah-india, partition, independence ..... government provided that `in exercise of its powers conferred by section 99-a of the code of criminal procedure...the government is pleased to declare the books.... ..... 1969 (o) aij mh 110177 : air 1971 bom 56 wherein the bombay high court has permitted the petitioners to amend the writ petition challenging the notification subsequently issued by the government. ..... 1662 had occasion to consider the scope of section 99a of the old act and few other related provisions. ..... learned counsel submitted that the government have not stated as to how section 153a and 153b of ipc have been attracted, and their violation would ..... law is settled that when the government is exercising the powers under section .....
Tag this Judgment!Court : Gujarat
Reported in : 2007CriLJ2463
..... on condition of his making a full and true disclosure of whole of the circumstances within his knowledge relative to the offence and to every other person concerned, whether as principal or abettor, in the commission thereof.this section applies to:(a) any offence triable exclusively by the court of session or by the court of a special judge appointed under the criminal law amendment act, 1952;(b) any offence punishable with imprisonment which may extend to seven years or with a more severe sentence. ..... has accepted a tender of pardon made under sub-section (1) and has been examined under sub-section (4), the magistrate taking cognizance of the offence shall, without making any further inquiry in the case,-(a) commit it for trial-(i) to the court of session if the offence is triable exclusively by that court or if the magistrate taking cognizance is the chief judicial magistrate;(ii) to a court of special judge appointed under the criminal law amendment act, 1952, if the offence is triable exclusively ..... by that court;(b) in any other case, make over the case to the chief judicial magistrate who shall try the case himself.section 307 provides:power to direct tender of pardon. .....
Tag this Judgment!Court : Gujarat
Reported in : 2006CriLJ726
..... this provision was introduced by the criminal law (second) amendment act, 1983 with effect from 26-12-1983 to meet a social demand to resolve difficulty of proof where helpless married women were eliminated by being forced to commit suicide by the husband or in-laws and incriminating evidence was usually available within the four corners of the matrimonial home and hence was not available to anyone outside the occupants of the house. ..... tribe, which as per the member of scheduled caste or a scheduled tribe may be false, or malicious or vexatious, since no citizen can be prevented from approaching the court of law for filing suit or criminal prosecution or legal proceedings against any citizen, including against a member of scheduled caste or a scheduled tribe.30. the perusal of section 3(1)(x) provides that if there is any intentional insult or intimidation with intent to humiliate a member of scheduled caste or a scheduled tribe in any place within public view, it is an ..... 498/2004 of sabarmati police station, ahemdabad by showing the occurrence of the incidents of two years before on 26.10.2004 and from 23.10.2004 to 27.10.2004, for the offences under section 306, 114 of ipc read with section 3, 1, 6,8, 10 of the scheduled castes and the scheduled tribes (prevention of atrocities) act, 1989 (hereinafter referred to as the atrocities act for short) and the complainant is the brother of the deceased, shri kantibhai sanjibhai parmar.3. .....
Tag this Judgment!Court : Gujarat
Reported in : I(2008)DMC240
..... 12 has in terms recorded that, 'this provision was introduced by criminal law (second) amendment act, 1983 with effect from 26-12-1983 to meet a social demand to resolve difficulty of proof where helpless married women were eliminated by being forced to commit suicide by the husband or in-laws and incriminating evidence was usually available within the four-corners of the matrimonial home and hence was not available to any one outside the occupants of the house'.8.2 the learned additional public ..... 85 of 2005 is before this court.1.2 the learned sessions judge convicted accused nos.1 dantani dilipbhai jivanbhai (husband of the deceased) and 2 dantani parvatiben jivanbhai maganbhai (mother-in-law of the deceased) for an offence under section 498a read with section 114 of the indian penal code (sipc, for short) and then adjourned the case for hearing accused nos.1 and 2 on the point of quantum of punishment.1.3 the learned sessions judge was pleased to acquit all ..... the learned additional public prosecutor submitted that a sessions trial, wherein the accused were charged with offence under sections 498a and 306 read with section 114 of ipc, could not have been dealt with in a hot hurry in which it is dealt with by the learned sessions judge.4.1 the learned additional public prosecutor submitted that a very lenient approach is taken and only 3 .....
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