Court : Chennai Madurai
..... to the judgment of this court reported in 2001- 1 lw (crl) 379 (tneb, etc vs. a.mani and another) to contend that in case of action under section 39 of the electricity act, burden is on the prosecution to show that there was theft of energy. 18. addmittedly, both the said judgments arose under the criminal law and in the present ..... 4347 of 2006 against the electricity board claiming that the proceedings would have to be carried out under the electricity act, 2003. the said writ petition was also allowed. thereafter, the board preferred writ appeal in w.a.no.107 of 2007. the division bench of this court by order dated 05.08.2008 permitted the electricity board to proceed with ..... by the petitioner in w.p.(md).no.2347 of 2009 was that in w.a.no.107 of 2007, this court directed the respondents to proceed with the case as per the old act, notwithstanding the coming into force of the electricity act, 2003. consequent upon the said order, the show cause notice issued in the year 2001 was pursued by .....
Tag this Judgment!Court : Chennai Madurai
..... has been defined and only upon a complaint made by the payee or holder in due course, the court can take cognizance of any offence. section 142 of the negotiable instruments act reads as follows:- 142 cognizance of offences. - notwithstanding anything contained in the code of criminal procedure, 1973 (2 of 1974) (a) no ..... had imposed an inadequate penalty or compensation. 13. almost all the cases, which are before us, arose out of private complaints filed under section 138 of the negotiable instruments act, 1881. until the introduction of this provision, the matter relating to dishonour of negotiable instruments were dealt with as a civil matter and aggrieved ..... be no other mode of institution of the criminal case than by preferring a complaint to the magistrate. the offence alleged is one punishable under section 138 of the negotiable instruments act, 1881. as the case ended in acquittal before the trial court, the remedy available to the respondent herein (complainant) was to approach this .....
Tag this Judgment!Court : Chennai Madurai
(prayer: appeal filed under section 173 of the motor vehicles act, against the judgment and decree in mcop.no.390 of 2002 dated 20.04.2006 on the file of the motor accidents claims tribunal, sub court, palani.) 1. the present .....
Tag this Judgment!Court : Chennai Madurai
..... (1) cr.p.c. he cannot simply pass orders according to his whims and fancies. he must give reason though not elaborately but briefly. section 107(1) cr.p.c. acts as a check on the arbitrary exercise of power. 8. the impugned order passed by the sub-divisional magistrate/sub collector, tuticorin in m.c.no.107/56/16 runs ..... bond some time lead a person to jail. but it will be without a charge, without a trial. it is a dangerous power. it grants more power to executive magistrate . section 107(1) acts as a check on their powers. under section 107(1) cr.p.c. the executive magistrate must record his subjective satisfaction. thus, he cannot pass oral orders under ..... is likely to commit a breach of the peace or disturb the public tranquility or to do any wrongful act as aforesaid beyond such jurisdiction. (emphasis supplied by me) 7. under section 107(1) cr.p.c. the executive magistrate were given power to act if they receive any information that it is a fit case that the person should be asked to .....
Tag this Judgment!Court : Chennai Madurai
..... the learned counsel for the petitioner also submitted that even taking the allegations as such, it would not warrant an offence under section 506(i) i.p.c. a mere word of threat unaccompanied by any overt act or mere mensrea or expression of outburst will not amount to criminal intimidation. 9. in this connection, the learned counsel for ..... less serious type of criminal intimidations have been made punishable under the first part of the section and serious type of criminal intimidations have been made punishable under the second part of the section. as per section 503 i.p.c., the overt act of the accused must be such that it must create an alarm in the mind of the ..... from the above that mere outburst or any words of anger without any overt act will not amount to criminal intimidation. it could also be said that mere mens rea without any actus reus/overt act will not make it an offence under section 506(i) or under section 506(ii). 31. thus, in the present case, even taking the allegations .....
Tag this Judgment!Court : Chennai Madurai
..... the driver of the insured vehicle was not in possession of any type of licence, the insurance company is to be exonerated but as per sub-section (4) and (5) of section 149 of the act, they can be directed to pay and recover. therefore, the questions are answered accordingly in all the civil miscellaneous appeals. since in all the above ..... over the body and died on the spot. the jurisdictional police, namely, kodaikanal police registered a case in crime no.111 of 2007, against the third respondent / owner-cum-driver of the lorry, for the commission of offence under section 304-a i.p.c. 6. the respondents 1 and 2 / claimants claimed compensation of rs.26,70,000/- under ..... (prayer: appeal filed section 173 of motor vehicle act, 1988 to set aside the fair and decreetal order, dated 30.10.2010, made in m.c.o.p.no.78 of 2007, on the file of the motor accident claims tribunal (sub court), sivakasi.) m. sathyanarayanan, j. 1. mr.s.subbiah, learned counsel, takes notice on behalf of the first .....
Tag this Judgment!Court : Chennai Madurai
..... be in the interest of justice to allow the prosecution to continue. it is dangerous to allow the prosecution of the accused persons, especially when a case registered under section 307 ipc is without any material. under the said circumstances, the proceedings as against the accused are ordered to be quashed. 29. in the result, this criminal original ..... his own remedies. if he finds out that the choice of either course is difficult, he should seek the opinion of the public prosecutor of the district and act accordingly. a magistrate before whom such a case is charged by the police and a private complaint from the party whose case had been referred should hear both the ..... the cases if he finds them untrue. if the investigation officer finds that either of the course is difficult, he should seek the opinion of the public prosecutor and act accordingly. a final report should be sent in respect of the case referred as mistake of law and the complainant or the countercomplainant, as the case may be, .....
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..... part of the problem faced by the department. the guide-lines mentioned therein is not exhaustive and does not cover all contingencies falling under sub-section (3) of section 30 of the customs act. the proper officer is bound to consider the case of the petitioner independent to the guide-lines. the apex court, in the case of ..... by the board that all amendments to the import general manager (igm) may be considered on the basis of the provisions contained in section 30(3) of the customs act, 1962. the said section (sub-section 3) provides that if the proper officer is satisfied that the import manifest or import report is in any way incorrect or incomplete ..... import report or import manifest by the person who is required to file the import manifest or import report as per the provision of sub-section (1) of section 30 of the customs act, 1962, penalty should invariably be administered if the same is not corrected within permissible time limit, as per the legal provisions considering such filing .....
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..... the endeavour of everyone to develop several identities which constantly interact and overlap, and prove a meeting point for all members of different religious communities, castes, sections, sub-sections and regions to promote rational approach to life and society and would establish a national composite and cosmopolitan culture and way of life. 25. at the cost ..... - unless a concrete case of abuse or exercise of such sweeping powers for extraneous considerations by the authority concerned or that such authority was shown to act at the behest of those in power, and interference as a matter of course and as though adjudicating an appeal, will defeat the very purpose of ..... 3 and 4 herein, which according to him was without complying with the provisions relating to construction of a religious place, as per the tamil nadu district municipalities act, r/w. municipality building rules. in the above writ petition, a hon'ble division bench of this court, vide order, dated 15.09.2015,, has passed .....
Tag this Judgment!Court : Chennai Madurai
..... vs. state of m.p, reported in air 1952 sc 159 : 1952 crl lj 839, wherein the hon'ble supreme court has elaborately dealt with the scope of section 30 of the indian evidence act, 1872 and has held as follows:- "the confession of an accused person is not evidence in the ordinary sense of the term as defined in ..... recorded verbatim as it was stated by the second accused. initially, the learned judicial magistrate had recorded her satisfaction that the second accused was making judicial confession voluntarily. section 164 of the code of criminal procedure mandates that there has to be a certificate appended to the confession recorded by the learned judicial magistrate. this has been held ..... section 3. it cannot be made the foundation of a conviction and can only be used in support of other evidence. the proper way is, first, to marshall .....
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