Court : Supreme Court of India
Decided on : Sep-04-2014
..... was prosecuted for offences among others under s.409of the indian penal code and s.5(2)of the prevention of corruption act for misappropriation of sums entrusted to him as such tax-collector. by virtue of the provision contained in s.7of the criminal law amendment act, xlvi of 1952, the case was transferred to a ..... special judge who was appointed by the state government after the prosecution was commenced before a magistrate. the special judge found the accused guilty of the offence under s.409of the indian penal code and convicted him to three ..... was made out for permitting registration of an fir under section 379/411 of the indian penal code. the high court after referring various provisions on the mmdr act vis--vis code of criminal procedure disposed of the application directing the respondent to amend the fir, which was registered, by converting the offence mentioned therein under section 379 .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-11-2014
..... petition. the learned counsel contended that the outright rejection by the high court of the appellant s right to file necessary amended election petition and affidavit deprived the valuable rights of the appellant under the provisions of the act. in support of his submissions, the learned counsel relied upon the decisions in balwan singh vs. lakshmi narain and ..... sessions case no.4 of 1975 (crime no.136/1974 of pattambi police station) for offences under sections 143, 148, 323, 324 and 302 read with 149, ipc for murdering one syed ali, an s.f.i. activist and that the first respondent was the second accused in crime no.463/1994 of kunnamkulam police station where again ..... a fine of rs.2000/- for the offences under sections 143, 147, 148, 151, 332, 353 and 427 and 149, ipc and section 3(2)(r) of the prevention of destruction to public properties act. it is the contention of the appellant in the election petition that the first respondent concealed the above convictions in his nomination which .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-25-2014
..... list-i and entry 25 of list-iii.". entry 11 of list-ii was deleted and entry 25 of list-iii was amended with effect from 3.1.1976 as a result of the constitution 42nd amendment act of 1976. the present entry 25 in the concurrent list is as follows: ".25. education, including technical education, medical ..... petitioners and similarly placed persons, by giving go-bye to merit and the same is contrary to the post-graduate medical education regulations, 2000 framed under the indian medical council act, 1956. the learned senior counsel, in support of his arguments, apart from relying on mridul dhars case (2 supra), has placed reliance on the ..... the 3rd respondent-medical council of india, submitted that post-graduate medical education regulations, 2000 are framed in exercise of powers under section 33 of the indian medical council act, 1956 and the said regulations provide the procedure for selection of students for post-graduate courses, strictly on the basis of their academic merit. it is .....
Tag this Judgment!Court : Chennai
Decided on : Jun-17-2014
..... that this is the correct way to understand the section. we have to read s.2(1)(b) in an identical way. if so, then the ast act as it reads before the amendment had no charging provision. a charging section is substantive law as seen in 94 stc422cited supra). therefore, there can be no levy of penalty without the charging ..... clause (aaa) as they apply in relation to the tax and interest payable under the said act.".(as amended by act 14 of 2005) if we paraphrase the above sections slightly they will read thus:- ".the provisions of the tngst act as they apply to tax in the said act shall apply in relation to additional tax payable under clause (aa) of the ast ..... act.". similarly, the new section (as amended by act 14 of 2005) will read like this: ".the provisions of the tngst act as they apply to tax and interest in the said .....
Tag this Judgment!Court : Chennai
Decided on : Aug-20-2014
..... laid a final report against the appellant / accused alleging that he had committed the offences punishable under section 4 of prohibition of women harassment (amended act) 2002 and under sections 294(b), 506(ii) (2 counts) and 302 of ipc.3. the learned principal session judge at kanyakumari session division, nagercoil has framed four charges. in so far as the first charge under ..... section 4 of prohibition of women harassment (amended) act 2002 is concerned, the appellant / accused has been acquitted as the prosecuting agency has not established the motive .....
Tag this Judgment!Court : Chennai
Decided on : Oct-10-2014
..... to have regard to such factors as may be prescribed by the rules in deciding whether or not to pass an order of eviction. section 26(5) of the amending act also declares that, notwithstanding any judgment, decree or order of any court or authority, the provisions of rule 16 of the uttar pradesh urban buildings (regulation of letting ..... , rent and eviction) rules, 1972 shall be deemed to have been made under the provisions of the principal act as amended by this act, as if this act were in force at all material times. the learned district judge as well as the prescribed authority were therefore bound to take into account the comparative ..... case will have to be remanded to the high court for the purpose of considering the contention of the appellant in regard to comparative hardship in the light of the amended section 21 read with rule 16.....". (ii)k.m.ranganathan v. s.sankaralingam [2003 (1) lw236, wherein in paragraph no.11, it has been held as .....
Tag this Judgment!Court : Chennai
Decided on : Oct-10-2014
..... to have regard to such factors as may be prescribed by the rules in deciding whether or not to pass an order of eviction. section 26(5) of the amending act also declares that, notwithstanding any judgment, decree or order of any court or authority, the provisions of rule 16 of the uttar pradesh urban buildings (regulation of letting ..... , rent and eviction) rules, 1972 shall be deemed to have been made under the provisions of the principal act as amended by this act, as if this act were in force at all material times. the learned district judge as well as the prescribed authority were therefore bound to take into account the comparative ..... case will have to be remanded to the high court for the purpose of considering the contention of the appellant in regard to comparative hardship in the light of the amended section 21 read with rule 16.....". (ii)k.m.ranganathan v. s.sankaralingam [2003 (1) lw236, wherein in paragraph no.11, it has been held as .....
Tag this Judgment!Court : Chennai
Decided on : Jan-07-2014
..... chief judicial magistrate, nagercoil as special case no.4 of 2012. while so, the third respondent filed an application under section 3(1) of the criminal law (amendment) ordinance, 1944 on the file of the learned principal district and sessions judge, nagercoil, seeking attachment of his properties and the same was taken on file in crl ..... process. ". ".19. in the present case, it may be that the learned metropolitan magistrate in initiating contempt proceedings and taking cognizance of substantive offences under the indian penal code against the officials of the public works department was not properly advised or was at the worst indulging in a misadventure and therefore to the extent of ..... others on 01.10.2011 by the third respondent for the offences punishable under section 13(2) r/w 13(1)(c) of the prevention of corruption act, 1988 and on the basis of the final report filed by the third respondent the learned special judge cum chief judicial magistrate, nagercoil has taken cognizance of .....
Tag this Judgment!Court : Chennai
Decided on : Oct-31-2014
..... observed and held as under:- ?.concept of 'public order' in india before the amendment of art.19 by the constitution (first amendment) act 1951, in america and in england compared, air1950sc124nd air 1950 sc129and air1952sc329and (1940) 310 us296 ref. by the amendment of art.19 (2) by the constitution (first amendment) act, 1951 the wide concept of 'public order' is split up under different heads. all ..... 29/10/2014 citing cropping up of law & order reason, etc.4. it is to be remembered that that the commission of an act under the indian penal code is punishable as an offence. similarly, the act done contrary to the indecent representation of women (prohibition) act, 1986, then the same becomes an offence. in reality, one cannot assume or presume of any illegal .....
Tag this Judgment!Court : Chennai
Decided on : May-22-2014
..... putting an end to speculation and prophecy in the matter of determination of compensation, section 163a and the second schedule were inserted to the motor vehicles act, 1988, by amendment act 54 of 1994. the second schedule prescribes multipliers, as well as the amounts that could be awarded under different heads. in m.s.grewal vs. ..... (1994) 3 scc394quot;, holding that 'right to live with human dignity' under article 21 of the constitution includes 'right to terminate natural life' and that section 309 ipc is unconstitutional and hence void. however, the constitutional bench of the apex court, in its decision ".smt.gian kaur, etc. versus state of punjab, etc. reported in ..... they are not applicable to the present case wherein, the minor boy has committed suicide. the attempt to commit suicide is a punishable offence under section 309 ipc, which is congnizable, bailable, non compoundable and triable by the magistrate and if the boy had escaped from the death, certainly the police could have .....
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