Judgment Search Results Home > Cases Phrase: criminal law amendment act 2013 section 22 amendment of section 327 Page 2 of about 7,096 results (0.290 seconds)

Mahendra Prasad Mehta Vs. The State of Bihar

Court : Supreme Court of India

..... of considerable significance is the introduction of section 113a in the indian evidence act by the criminal law (second amendment) act, 1983 providing for presumption as to abetment of suicide by a married woman to be drawn if such suicide had been committed within a period of seven years from the date of marriage of the married woman and she had been subjected to ..... section 498a of the indian penal code was introduced by the criminal law (second amendment) act, 1983. ..... the 8 judicial endeavour must, therefore, always be to make the provision of the laws introduced and inserted by the criminal laws (second amendment) act, 1983 more efficacious and effective in view of the clear purpose behind the introduction of the provisions in question, as already noticed.14. ..... to answer the above question, one will have to look into the statement of objects and reasons of the criminal law [2nd amendment act, 1983 (act 46 of 1983)]. ..... the protection of women from domestic violence act, as the object behind its enactment would indicate, is to provide a civil remedy to victims of domestic violence as against the remedy in criminal law which is what is provided under section 498a of the indian penal code. ..... in addition to the aforesaid amendment in the indian penal code, the provisions of sections 174 and 176 of the code of criminal procedure, 1973 relating to inquiries by police in case of death by suicides and inquiries by magistrates into cause of such deaths were also amended. .....

Afsar Ali Khan Vs. The State of Madhya Pradesh

Court : Supreme Court of India

..... of considerable significance is the introduction of section 113a in the indian evidence act by the criminal law (second amendment) act, 1983 providing for presumption as to abetment of suicide by a married woman to be drawn if such suicide had been committed within a period of seven years from the date of marriage of the married woman and she had been subjected to ..... section 498a of the indian penal code was introduced by the criminal law (second amendment) act, 1983. ..... the 8 judicial endeavour must, therefore, always be to make the provision of the laws introduced and inserted by the criminal laws (second amendment) act, 1983 more efficacious and effective in view of the clear purpose behind the introduction of the provisions in question, as already noticed.14. ..... to answer the above question, one will have to look into the statement of objects and reasons of the criminal law [2nd amendment act, 1983 (act 46 of 1983)]. ..... the protection of women from domestic violence act, as the object behind its enactment would indicate, is to provide a civil remedy to victims of domestic violence as against the remedy in criminal law which is what is provided under section 498a of the indian penal code. ..... in addition to the aforesaid amendment in the indian penal code, the provisions of sections 174 and 176 of the code of criminal procedure, 1973 relating to inquiries by police in case of death by suicides and inquiries by magistrates into cause of such deaths were also amended. .....

Mahendra Prasad Mehata Vs. Parmila Devi .

Court : Supreme Court of India

..... of considerable significance is the introduction of section 113a in the indian evidence act by the criminal law (second amendment) act, 1983 providing for presumption as to abetment of suicide by a married woman to be drawn if such suicide had been committed within a period of seven years from the date of marriage of the married woman and she had been subjected to ..... section 498a of the indian penal code was introduced by the criminal law (second amendment) act, 1983. ..... the 8 judicial endeavour must, therefore, always be to make the provision of the laws introduced and inserted by the criminal laws (second amendment) act, 1983 more efficacious and effective in view of the clear purpose behind the introduction of the provisions in question, as already noticed.14. ..... to answer the above question, one will have to look into the statement of objects and reasons of the criminal law [2nd amendment act, 1983 (act 46 of 1983)]. ..... the protection of women from domestic violence act, as the object behind its enactment would indicate, is to provide a civil remedy to victims of domestic violence as against the remedy in criminal law which is what is provided under section 498a of the indian penal code. ..... in addition to the aforesaid amendment in the indian penal code, the provisions of sections 174 and 176 of the code of criminal procedure, 1973 relating to inquiries by police in case of death by suicides and inquiries by magistrates into cause of such deaths were also amended. .....

V.G. Row Vs. the State of Madras

Court : Chennai

Reported in : AIR1951Mad147; (1951)IMLJ628

..... as the people's education society, madras, has for its object interference with the administration of the law & the maintenance of law & order, & constitutes a danger to the public peace; now, therefore, his excellency the governor of madras, in exercise of the powers conferred by section 16, criminal law amendment act, 1908 (central act xiv [14] of 1908) hereby declares the said assocn. ..... , raised a further contention that the act offends the guarantee of equal protection of laws under article 14 as section 17 (3), criminal law amendment act, makes the offence under section 17 (1) non-bailable notwithstanding anything contained in the criminal procedure code. ..... 1517 public general dated 10-3-1950 declaring under section 16, criminal law amendment act, 1908, the people's education society as an unlawful ..... state of madras, dated 10-3-1950 under section 16, criminal law amendment act, 1908, declaring the society an unlawful assocn ..... his contention is that accused under section 17, criminal law amendment act, are treated differently as they are not allowed to challenge & show that the declaration by ..... passed a further order under section 17 (e) (3), criminal law amendment act, 1908, declaring their intention to forfeit to the ..... the effect of clause (3) of section 17, criminal law amendment act, it was argued is to take away the right of obtaining bail even in suitable ..... within the meaning of section 16, criminal law amendment act, 1908, was perfectly justified in the circumstances stated in .....

Pratik Sarkar, Vs. the State of Jharkhand

Court : Jharkhand

Reported in : 2008(56)BLJR660

..... party failed to satisfy the legal aspect by producing any notification under section 2(f) of the criminal law amendment act, 1908 so as to bring the petitioners in the purview of section 17 and, therefore, their prosecution under the said section of the criminal law amendment act, 1908 is unsustainable in the backdrop that the petitioners were arrested on 05.12.2003 for the offence under section 17 of the criminal law amendment act, 1908 and the cognizance of the offence was taken under the said section on 16.5.2006, both beyond the period of limitation of two years from ..... s.o.477 c dated 3.6.1987 as unlawful extremist organization under section 16 of the criminal law amendment act, 1908 (annexure-a) and according to the provisions of sections 84 and 35 read with section 2(f) of the bihar re-organisation act, 2000, until and unless jharkhand state either adopts or modifies any law by repeal or amendment the law which is applicable in the state of bihar will continue to apply in the territories which are at present under the jharkhand state.10. ..... there is substance in the argument that petitioners were not contributor or had not made any contribution in terms of section 17 of the criminal law amendment act so as to attract penal provision and if at all any payment was made, though denied, i share the view of the learned counsel that the alleged amount fell in the category of extortion and ransom to ensure the safety of .....

Suo Moto Vs. State of Rajasthan

Court : Rajasthan

Reported in : RLW2005(2)Raj1385; 2005(4)WLC163

..... for upholding decency and dignity of the womanhood the criminal law (amendment) act, 1983 had added sub-sections (2) & (3) in section 327 of the code of criminal procedure providing camera trial for such cases. ..... sections 375 and 376 ipc have been substantially amended by the criminal law (amendment) act, 1983. ..... a further improvement in the law relating to sexual offences can be found in the provisions of section 228a ipc, section 327(2) cr.p.c. ..... thus, an amendment has been brought in section 114a evidence act which provides for the presumption as to the absence of consent in cases of custodial rape, rape on pregnant woman and gang rape as in clauses (a), (b), (c), (d), (e) and (g) of sub-section (2) of section 376 ipc.14. ..... may extend to two years and shall also be liable to fine.2) nothing in sub-section (1) extends to any printing or publication of the name or any matter which may make known the identity of the victim if such printing or publication is -- a) by or under the order in writing of the officer in charge of the police station or the police officer making the investigation into such offence acting in good faith for the purposes of such investigation: orb) by, or with the authorization ..... the new amended section 376 ipc now prescribes a minimum punishment of seven years' imprisonment for the offence of rape. ..... by the said act, new sections viz; sections 376a, 376b, 376c and 376d ipc have been introduced. .....

S. Subramanium and ors. Vs. State of Uttar Pradesh

Court : Allahabad

Reported in : 1996CriLJ929

..... amendment) act, 1961 with the intention of taking unauthorised possession or making unauthorised use of such property fails to withdraw from such property or its possession or use, when called upon to do so by that another person by notice in writing, duly served upon him, by the date specified in the notice, is said to commit criminal ..... the guarantor by way of security, after their maturity, and a complaint was laid by the guarantor impleading the chairman, managing director of the bank and a host of officers on the charges under sections 109, 114 and 409 of the penal code, it would be the responsibility and duty of the magistrate to find whether the concerned accused were legally responsible for the offences charged for, before issuing the ..... enters into or upon property in possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property, or, having lawfully entered into or upon such property, unlawfully remains there with intent thereby to intimidate, insult or annoy any such person, or with intent to commit an offence.or, having entered into or upon such property, whether before or after the coming into force of the criminal laws (u.p. ..... , if the tenant refused to quit the premises after the expiry of notice, the only legal remedy available to a landlord is to approach the competent civil court to eject the tenant in accordance with law and he cannot bring a complaint for criminal offence under section 441, i.p.c. .....

Balkrishna Pandurang Moghe Vs. the State of Maharashtra and anr.

Court : Mumbai

Reported in : 1998CriLJ4496

..... the other amendments effected by criminal law (amendment) act, 1983 were to sections 174 and 176 of the said criminal procedure code and the insertion of section 198-a in the cr. p. c. ..... lastly, it is submitted that looking to the reasons and objects of the criminal law (amendment) act 46 of 1983 which received the assent of the president on 25th december, 1983, (here is a rational nexus between the amended provision is of section 498-a and the object that is sought to be achieved by the said section. ..... apex court referred to the amendment inserted by the criminal law (amendment) act, 1983 and observed as under:.the degradation of society due to the pernicious system of dowry and the unconscionable demands made by greedy and unscrupulous husbands and their parents and relatives resulting in an alarming number of suicidal and dowry deaths by woman has shocked the legislative conscience to such an extent that the legislature has deemed it necessary to provide additional provisions of law, procedural as well as substantive, to combat ..... in order to combat this menace the legislature decided to amend the penal code, criminal procedure code and the evidence act by the criminal law (second amendment) act, 1983 (no. ..... to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.it is relevant to note that it was by the criminal law (second amendment) act no. .....

State Vs. Shankar Bhaurao Khirode

Court : Mumbai

Reported in : AIR1959Bom437; (1959)61BOMLR591; 1959CriLJ1153; ILR1959Bom1088

..... then comes sub-section (2b) of section 337, which was inserted in the first instance by section 5 of the criminal law amendment act, 1952, and subsequently by section 59(b) of the code of criminal procedure (amendment) act xxvi of 1955, and that sub-section (2b) runs as follows:'(2b) in every case where the offence is punishable under section 161 or section 165 or section 165a of the indian penal code (act xlv of 1860) or sub-section (2) of section 5 of the prevention of corruption act, 1947 (ii of 1947), and where a person has accepted a tender of pardon and has been examined under sub-section (2), then, notwithstanding ..... anything contained in sub-section (2a), the magistrate shall .....

Parasnath Pande and anr. Vs. State

Court : Mumbai

Reported in : AIR1962Bom205; (1962)64BOMLR188

..... mengade referred to the provisions of the criminal law amendment act, 1952 (hereinafter referred to as the act of 1952) and contended that the special judge, for all practical purposes stands in the position of a sessions judge, and, therefore, cannot take cognizance of an offence on the basis of an illegal charge-sheet or a report. ..... :' the state government may, by notification in the official gazette, appoint as many special judges as may be necessary for such area or areas as may be specified in the notification to try the following offences, namely:- (a) an offence punishable under section 161, section 162, section 163, section 164, section 165 or section 165-a of the indian penal code or sub-section (2) of section 5 of the prevention of corruption act, 1947; (b) any conspiracy to commit or any attempt to commit or any abetment of any of the offences specified in clause (a)'. ..... trial, and in trying the accused persons, shall follow the procedure prescribed by the code of criminal procedure, 1898, for the trial of warrant cases by magistrates'.sub-section (2) , in effect, provides:'a special judge may tender a pardon to an accomplice and in doing so, he shall be deemed to have acted under section 338 of the code of criminal procedure'.sub-section (3), in effect provides:' the provisions of the code of criminal procedure shall apply to the proceedings before a special judge, so far as they are not inconsistent .....