Court : Delhi
..... were brought onto the statute book by virtue of criminal law (amendment) act, 1983 (in short 1983 act) with the object of protecting the dignity of a rape victim and to enable the victim to depose comfortably ..... section should be added to section 327:sub section to be added to section 327, code of criminal procedure, 1973 after re-numbering present section of sub section ..... the respondents that if there is an inquiry or a trial of an offence of rape and other allied offences referred to in sub section (2) of section 327, then as a matter of law, the proceedings will have to be held in camera without the court employing the necessary discretion in the matter, is a submission which ..... in the light of the above discussion, a specific proviso should be added to section 327 of the code of criminal procedure, as under: proviso to be added to section 327 of the code of criminal procedure, 1973. ..... (i) that the general principle of open public trial is a rule, which ought not to be disturbed except in exceptional circumstances; (ii) under proviso to sub section (1) of section 327, it is the court which is empowered to exclude the public generally or any particular person having regard to the facts and circumstances of each case. ..... 05.01.2013, an advisory was issued by the public relations officer, of the delhi police advising people at large that since the magistrate had taken cognizance of the chargesheet filed in fir no.403/2012, with ps vasant vihar, on 05.01.2003, the provisions of section 327 .....
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..... the provision contained in section 354 ipc was amended by criminal law (amendment) act, 2013 (act 13 of 2013) brought into force with effect from 3.2.2013. ..... it has to be borne in mind that the relevant provisions including those referred to above are to be read, after coming into force of criminal law (amendment) act, 2013 with effect from 03.02.2013, with the provision contained in section crl. a. ..... the above-noted provisions of the procedural criminal law are ordinarily subject to three riders; first, as indicated by section 220 (5) quoted above (referring to section 71 ipc), second, under section 222 cr.p.c and, the third, more apt for present context, under section 42 of pocso act, which we consider hereafter. ..... we must add here that the act 13 of 2013 whereby ipc was amended, added four new penal provisions (section 376-a to 376-d) which deal with aggravated form of the offence of rape. ..... prior to the amendment of the penal code with effect from 3.2.2013 by act 13 of 2013, the offence of rape was defined by section 375 ipc in terms, generally speaking, essentially requiring it to be proved that the accused had engaged in sexual intercourse with a woman against her will or without her consent, vaginal penetration by the male organ being always ..... the objective behind the statutory command for in-camera proceedings in such cases being the rule in terms of section 327 cr. .....
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..... despite issuance of repeated summons by the dri on 12.09.2018, 04.10.2018, 31.12.2018, involvement of bail appn.2381/2019 page 8 of 12 08.01.2019 and 06.02.2019 and he did not even turn up and appear in the criminal prosecution launched by the dri for his default in complying with the said summons and it is only on 02.09.2019, when he had appeared in the said case and got his nbws cancelled and was admitted to bail ..... the prosecution that the petitioner s contention that since show cause notice has been issued to the petitioner, no further investigation can go on, is untenable, in view of amendment of the customs act, which included section 28(7a) in the customs act, that allows issuance of supplementary show cause notice ..... has been granted any protection by this court, hence the respondent is not precluded in any manner from taking any action or proceedings in the matters pending before them, as per law until and unless there are specific orders of protection or stay by the court in favour of a party.18 ..... prosecution for smuggling is not launched yet and presently show cause notice has been issued, the respondent authority is well within its powers under the law to insist on custodial interrogation of the petitioner.15 ..... normally, the law does not countenance that the person who fails to submit to the processes of law should be ..... . it is a well-settled law that, while considering the question of grant of anticipatory bail, the court prima facie has to look into the nature and gravity of the alleged .....
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..... claims to be a registered voter from the chandni chowk constituency, has challenged the election of the respondent alleging corrupt practice under section 123(2) of the representation of the people act, 1951(hereinafter referred to as the act), on the following grounds: (i) suppression of the actual purchase price of the property bearing flat no.122, 2nd floor, ..... commission stipulating that every candidate at an election to any panchayat is required to disclose information, inter alia, whether the candidate was accused in any pending criminal case of any offence punishable with imprisonment for two years or more and in which charges have been framed or cognizance has been taken by a el.pet ..... the purchase price of the property and the non-declaration of the source of income of the spouse amounts to corrupt practice under section 123(2) of the act and that these grounds spell out a cause of action for setting aside the election of the respondent.6. ..... at the same time, the supreme court declined to issue direction in nature of mandamus to consider the amendment of the act to provide for rejection of nomination paper of the candidates and disqualification of mps/mlas/mlcs deliberately furnishing wrong information of their assets in form-26 ..... 7/2019 page 6 it is basic to the law of elections and election petition that in a democracy, the mandate of the people as expressed at the hastings must prevail and be respected by the courts and that is why the election of a successful candidate ..... law .....
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..... pc was added by the amendment act of 2009 ushering in major reforms on the subject of victim restitution in criminal law process, in the wake, inter alia, of declaration of basic principles of justice for victims of crime and abuse of power, ..... leading to the judgment of acquittal dated 07.10.2017, rendered by additional sessions judge (special fast track court) for east district, the accused was put on trial on charge for offences punishable under sections 376, 328, 323 ipc, the prosecutrix having alleged that the accused had taken advantage of her when she had contacted him in some context, subjecting her to forcible sexual intercourse after administering ..... sessions judge (special fast track court) for north west district, the accused persons were put on trial on charge for offences punishable under sections 376(2), 498a, 506, 34 ipc, the allegations (of rape) primarily being against the father-in-law (one of the accused), he having allegedly forced himself upon her with the suggestion that she could conceive from physical intimacy with him since ..... in sessions case no.19/2016, arising out of fir no.1049/2013 of police station mehrauli, leading to the judgment of acquittal dated 31.07.2018 rendered by additional sessions judge (special fast track court) for south district, the first accused was put on trial on charge for offences punishable under sections 376, 354b, 506, 509, 34 ipc (the other charged for sharing common intention), the prosecutrix having been described as a .....
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..... it is not in dispute that the provision of zero fir came up as a recommendation in the justice verma committee report, in the new criminal law (amendment) act, 2013 after the heinous nirbhaya case of december, 2012. ..... : air2014sc187is very relevant in the facts and circumstances of the case in hand, whereby the constitution bench of the hon ble supreme court has held as under: 100) the registration of fir under section 154 of the code and arrest of an accused person under section 41 are two entirely different things. ..... accordingly, i hereby direct the commissioner of police, delhi to take action as per law against the then sho of the aforementioned police stations, including the io s who handled the complaint of respondent no.7. ..... there is clear provision in section 154 cr.p.c. ..... as per section 154 cr.p.c. ..... the conclusion of the first complaint was never challenged by the respondent no.7/babita sharma before any court of law or any higher authority till date.3. ..... at the end of january, 2013, in his office, i.e. ..... kapashera is an abuse of process of law and against the principles of natural justice and further against the constitutional rights of the petitioner.10. .....
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..... while passing the code of criminal procedure (amendment) act 2008, parliament in proviso to section 372 cr.p.c. ..... and another (1991) 4 scc139while reiterating municipal corporation of delhi vs gurnam kaur (1989) 1 scc101has held that when the particular point of law involved in the decision is not perceived by the court or present to its mind, the decision passes of as sub-silentio and has no precedentary ..... section 372 specifically provides that no appeal shall lie from a judgment or order of a criminal court except as provided by the code or by any other law which authorises an ..... appeal shall lie from any judgment or order of a criminal court except as provided for by this code or any other law for the time being in force. ..... dubey, this court while pointing out the procedure to be followed when conflicting decisions are placed before a bench extracted a passage from halsbury's laws of england incorporating one of the exceptions when the decision of an appellate court is not binding.41. ..... passes sub-silentio, in the technical sense that has come to be attached to that phrase, when the particular point of law involved in the decision is not perceived by the court or present to its mind. ..... which is not express and is not founded on reasons nor it proceeds on consideration of issue cannot be deemed to be a law declared to have a binding effect as is contemplated by article 141. ..... this principle extend and apply to a conclusion of law, which was neither raised nor preceded by any consideration .....
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..... appeal shall lie from a decree or order passed by the family court with the consent of the parties or from an order passed under chapter ix of the code of criminal procedure, 1973 (2 of 1974): provided that nothing in this sub-section shall apply to any appeal pending before a high court or any order passed under chapter ix of the code of criminal procedure 1973 (2 of 1974) before the commencement of the family courts (amendment) act, 1991. ..... as provided in sub-section (2) and notwithstanding anything contained in the code of civil procedure, 1908 (5 of 1908) or in the code of criminal procedure, 1973 (2 of 1974) or in any other law, an appeal shall lie from every judgment or order, not being an interlocutory order, of a family court to the high court both on facts and on law. ..... section 1 of section 19 of the act provides that an appeal shall lie from every judgment or order, not being an interlocutory order, passed by a family court to the high court, both on facts and law ..... has to be exercised sparingly and can be exercised only in case of grave dereliction of duty or flagrant violation of law or an error of jurisdiction or incase where grave injustice would be done unless the high court interferes. ..... an appellate or revisional power and therefore, cannot be exercised to correct an error of fact or of law, not being one which is apparent on the face of the record. ..... prayed, granted to the appellant to summon witnesses to prove such documents sought to be relied in accordance with law. .....
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..... for both the sides and looking to the facts and circumstances of the case, we hereby direct that as and when there is any violation of the copyright act, 1957, especially section 52 read with section 52 (k); 17(d) and other provisions of the constitution of india, action will be taken by the respondents in accordance with law, rules, regulations and government policies applicable to the facts and circumstances of the case against the erring publishers.3. ..... or any other appropriate writ thereby directing the respondent no.1 and 2 to frame a policy/guidelines/ regulations regarding publications and dissemination of knowledge relating to acts of parliament, rules, notifications etc through a transparent, accurate and authentic mechanism aimed at benefiting public at large and providing for fixing of accountability of officials of respondent in case of its failure to act in a time bound manner to frame a policy/ guidelines/regulations in regard to above. e. ..... all such amendments in the act, rules etc ..... or any other appropriate writ thereby directing the respondent no.1 and 2 to immediately exhaust civil and criminal remedies against private business houses/publishers and others for infringing copyright of government as per section 55 of the copyright act, 1957, d. ..... or any other appropriate writ thereby directing the respondent no.1 and 2 to immediately bar/prohibit private business houses/publishers and others from publishing and printing all central acts, rules, notifications etc. .....
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..... (1) notwithstanding anything contained in the code of criminal procedure, 1973 (2 of 1974) (a) every offence punishable under this act shall be cognizable; (b) no person accused of an offence punishable for [offences under section 19 or section 24 or section 27a and also for offences involving bail appn.127/2019 page 7 of 15 ..... the petitioner has relied upon the judgment of this court in pushpa rani v narcotic control bureau, 122(2005) dlt68 wherein it has held that it is not a law that when section 37 of the ndps act is attracted, bail has to be refused as a matter of course and further this court, in the case of dalip singh v. ..... opposes (2) the limitations on granting of bail specified in clause (b) of sub-section (1) are in addition to the limitations under the code of criminal procedure, 1973 (2 of 1974) or any other law for the time being in force, on granting of bail.17. ..... the petitioner also submitted that even the alleged recovery from accused vikas was not made in the presence of any magistrate or gazetted officer and hence there is non-compliance of sections 41/of the ndps act and in this regard law is very clear that non-compliance of statutory provision is fatal for prosecution. ..... take a holistic view of the harmful socio-economic consequences and health hazards which would accompany bail appn.127/2019 page 9 of 15 trafficking illegally in the dangerous drugs, the court should implement the law in the spirit with which the parliament, after due deliberation, has amended. 21. .....
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