Court : Punjab and Haryana
Reported in : 2004CriLJ3152
..... similarly, sub-section (3) of section 146 of the indian evidence act provides that when a witness is cross-examined, the defence can ask him question which tend to shake his credit, by injuring his character, although the answer to such questions might tend directly or indirectly to criminate him or might expose or tend directly or indirectly to expose him to a penalty or forfeiture, but the aforesaid provision has been added to this sub-section by the recent amendment. ..... this prayer of the defence counsel was strongly opposed by the public prosecutor arguing that such kind of blue picture cannot be shown and put to the prosecutrix in her cross-examination in view of the specific amendment made by the legislation in sections 146 and 155 of the indian evidence act. ..... in this regard, two major amendments have been made by the indian evidence (amendment) act, 2002, which have been implemented by the indian parliament act no. ..... 197 dated 6-5-2002 was registered against the petitioner at police station, kotwali bathinda. .....
Tag this Judgment!Court : Delhi
Reported in : 148(2008)DLT170; 2008(101)DRJ582
..... - (1) notwithstanding anything in the code or in the indian evidence act, 1872 (1 of 1872), but subject to the provisions of this section, a confession made by a person before a police officer not below the rank of the superintendent of police and recorded by such police officer either in writing or on any mechanical devices like ..... without any explainable business or personal relationship.mindboggling phone bills for short durations.high number of calls made to five star hotels without any related business with them.documentary evidence from bank and hotels corroborating the disclosures of kamaljit singh and arvinder pal singh.confessional statement made by co-accused neeraj chopra before dcp and chief judicial magistrate.high number ..... learned special judge, mcoca, new delhi failed to appreciate that section 2(f) of the itp act as amended defines prostitution as 'the sexual exploitation or abuse of persons ..... state of maharashtra reported in : (2002)1bomlr527 , a division bench of the bombay high court, while upholding the constitutional validity of sections 2(d), (e) and (f) and sections 3 and 4 of the mcoca, with reference to the provisions of section 2(1)(d) which defines 'continuing unlawful activities' observed as follows:.is intended to prevent and control 'organized crime' is something which is continued unlawful activity and that 'continuing unlawful activity' as repeatedly indulging or ..... 'violence' has been used only in sections 146 and 153a of the indian penal code. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2010(2)Raj1847
..... from the principles of the indian evidence act in view of provisions of section 146 of the n.i. ..... to 147 lay down a kind of a special code for the trial of offences under chapter xvii of the negotiable instruments act and sections 143 to 147 were inserted in the act by the negotiable instruments (amendment and miscellaneous provisions) act, 2002 to do away with all the stages and processes in a regular criminal trial that normally cause inordinate delay in its conclusion and to make the trial procedure as expeditious as possible within in any way compromising on ..... by the second amendment of 2002, sections 143 to 147 were inserted besides changes in the existing provisions under section 138 to 142 ..... amendment was brought by the banking, public financial institutions and negotiable instruments laws (amendment) act, 1988 and second by the negotiable instruments (amendment & miscellaneous provisions) act, 2002 ..... the provisions of the evidence act, the code of criminal procedure to the extent indicated under sections 142 to 147 was with the purpose and objects taken note of while bringing two amendments. ..... interpretation otherwise the very purpose and object of bringing amendment under sections 142 to 147 of the n.i. ..... , inter alia read, inter alia, as under:keeping in view of the recommendations of the standing committee on finance and other representations, it has been decided to bring out, inter alia, the following amendments in the negotiable instruments act, 1881, namely:(i) to (iii) . .....
Tag this Judgment!Court : Mumbai
..... . it is, therefore, clear that as per the provisions of section 145 of ni act added by amending act 55 of 2002 with effect from 6th february 2003, the statement which the court would require the complainant to make before it for the purpose of enabling the court to decide whether or not to issue process under section 200 of crpc is also "evidence" as contemplated by sub-section (1) of section 145 of ni act.33 ..... . section 3 of the indian evidence act, 1872, defiances "evidence" as under :- "evidence - "evidence means and includes -(1) all statements which the court permits or requires to be made before it by witnesses, in relation to matters of fact under inquiry; such statements are called oral evidence;(2) all documents including electronic records produced for the inspection of the court, such documents are called documentary evidence ..... . what would come on record by way of examination upon oath of the complainant or witnesses under section 200 of crpc would as much be evidence as contemplated by section 145 of ni act, as examination in chief, cross- examination and re-examination of a witness under section 137 of the indian evidence act ..... . the learned counsel for the accused would submit that evidence would only mean examination in chief or cross-examination or re-examination as contemplated by section 137 of the indian evidence act, 1872 ..... . the provisions of section 146 similarly depart from the principles of the indian evidence act .....
Tag this Judgment!Court : Supreme Court of India
..... '(emphasis supplied)in order to address the deficiencies referred to above, section 10 of the 2002 amendment inserted sections 143, 144, 145, 146 and 147 into the act, which deal with aspects such as the power of the court to try cases summarily (section 143), mode of service of summons (section 144), evidence on affidavit (section 145), bank's slip to be considered as prima facie evidence of certain facts (section 146) and offences under the act to be compoundable (section 147). ..... presumably, parliament also realised this aspect and inserted section 147 by the negotiable instruments (amendment and miscellaneous provisions) act, 2002 (act 55 of 2002). ..... it may be recalled that chapter xvii comprising sections 138 to 142 was inserted into the act by the banking, public financial institutions and negotiable instruments laws (amendment) act, 1988 (66 of 1988). ..... at this point, it would be apt to clarify that in view of the non-obstante clause, the compounding of offences under the negotiable instruments act, 1881 is controlled by section 147 and the scheme contemplated by section 320 of the code of criminal procedure [hereinafter `crpc'] will not be applicable in the strict sense since the latter is meant for the specified offences under the indian penal code. ..... a bare reading of this provision would lead us to the inference that offences punishable under laws other than the indian penal code also cannot be compounded. .....
Tag this Judgment!Court : Delhi
..... sections 143 to 147 were introduced in the act by virtue of negotiable instruments (amendment and miscellaneous provisions) act, 2002 which ..... another submission of learned counsel for the petitioner was that since accused no.2 and 4 have already filed an application under section 145(2) of the act, according to him the matters have already reached the stage of section 145(2) of the act meaning thereby that delhi courts will have the necessary jurisdiction to entertain and try the complaint in view of the law laid down in dashrath rupsingh rathod ..... in dashrath rupsingh rathod s case (supra) observed in para 22 that the category of complaint cases where proceedings have gone to the stage of section 145(2) of the act or beyond shall be deemed to have been transferred from the court ordinarily possessing territorial jurisdiction, as clarified therein, to the court where it is presently ..... of the aforesaid provision, it is manifestly clear that the legislature has allowed complainant to give his evidence by way of an affidavit during the course of trial in respect of offence punishable under section 138 of the act by virtue of sub-section (1) of section 145 of the act. ..... aforesaid directions in indian bank association s case (supra), there is no scope of doubt that after serving notice in terms of section 251 of cr.p.c. ..... consideration has to be made keeping the provision of section 145(1) and having regard to the object and purpose of the entire scheme of sections 143 to 146 of the act.16. .....
Tag this Judgment!Court : Delhi
..... amendment and miscellaneous provisions) act, 2002 ..... dashrath rupsingh rathod s case (supra) the apex court observed that the category of complaint cases where proceedings have gone to the stage of section 145(2) of the act or beyond shall be deemed to have been transferred from the court ordinarily possessing territorial jurisdiction, as clarified therein, to the court where it ..... the concise facts of the case are that respondent no.2/complainant filed a complaint under section 138 of negotiable instruments act (hereinafter referred to as ni act ) against the petitioner (accused in original complaint) for the offence under section 138 of ni act on the allegations, inter alia, that respondent no.2 is a company incorporated under the companies act having its registered office at d-1, soami nagar, (south) new delhi-110017 and is engaged in the business ..... that the legislature has allowed the complainant to give his evidence by way of an affidavit during the course of trial for offences punishable under section 138 of the ni act by virtue of sub-section (1) of section 145 of the ni act. ..... that the apex court in indian bank association s case (supra), observed that unless an application is made by an accused under section 145(2) of the act for recalling a witness for cross-examination, after serving notice in terms of section 251 of cr.p.c. ..... give due consideration to the provisions of section 145(1) and to the object and purpose of the entire scheme of sections 143 to 146 of the ni act.11. .....
Tag this Judgment!Court : Delhi
..... sections 143 to 147 were introduced in the act by virtue of negotiable instruments (amendment and miscellaneous provisions) act, 2002 which came into force w.e.f. ..... the apex court in dashrath rupsingh rathod s case (supra) observed in para 22 that the category of complaint cases where proceedings have gone to the stage of section 145(2) of the act or beyond shall be deemed to have been transferred from the court ordinarily possessing territorial jurisdiction, as clarified therein, to the court where it is presently pending. ..... on a careful reading of the aforesaid provision, it is manifestly clear that the legislature has allowed complainant to give his evidence by way of an affidavit during the course of trial in respect of offence punishable under section 138 of the act by virtue of sub-section (1) of section 145 of the act. ..... on 01.09.2014, it was submitted on behalf of petitioner (accused no.1 in original complaint) that recording of evidence has not commenced and, therefore, the complaint be returned to the complainant for filing the same in appropriate court in terms of judgment in dashrath rupsingh rathod vs. ..... in view of the aforesaid directions in indian bank association s case (supra), there is no scope of doubt that after serving notice in terms of section 251 of cr.p.c. ..... however, such a consideration has to be made keeping the provision of section 145(1) and having regard to the object and purpose of the entire scheme of sections 143 to 146 of the act.16. .....
Tag this Judgment!Court : Delhi
..... sections 143 to 147 were introduced in the act by virtue of negotiable instruments (amendment and miscellaneous provisions) act, 2002 which ..... another submission of learned counsel for the petitioner was that since accused no.2 and 4 have already filed an application under section 145(2) of the act, according to him the matters have already reached the stage of section 145(2) of the act meaning thereby that delhi courts will have the necessary jurisdiction to entertain and try the complaint in view of the law laid down in dashrath rupsingh rathod ..... in dashrath rupsingh rathod s case (supra) observed in para 22 that the category of complaint cases where proceedings have gone to the stage of section 145(2) of the act or beyond shall be deemed to have been transferred from the court ordinarily possessing territorial jurisdiction, as clarified therein, to the court where it is presently ..... of the aforesaid provision, it is manifestly clear that the legislature has allowed complainant to give his evidence by way of an affidavit during the course of trial in respect of offence punishable under section 138 of the act by virtue of sub-section (1) of section 145 of the act. ..... aforesaid directions in indian bank association s case (supra), there is no scope of doubt that after serving notice in terms of section 251 of cr.p.c. ..... consideration has to be made keeping the provision of section 145(1) and having regard to the object and purpose of the entire scheme of sections 143 to 146 of the act.16. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2007CriLJ3614; RLW2008(2)Raj1084
..... section 3 of the criminal law (amendment) act, 17 of 1949 and since section 453 of criminal procedure code has been repealed as a consequence of which no separate charge was held to be made or tried in the case of uttom kundoo exists; but the trial court, relying upon the judgment in uttom kundoo's case did not consider the fact, that section 453, criminal; procedure code was not existing in the year 2002 ..... petitioner-state that in the facts and circumstances of the present case the above proposition, held in afore-quoted judgment, will not apply inasmuch as the challan was presented before the court with evidence of number of cases, at different occasions, at different places had been registered against the accused non-petitioners relating to offences in respect of their dealing in the stolen property; more so, after ..... but, in the matter of section 413 of the indian penal code, the section specifically relates to a habit of the dealing in stolen property, in which case, the trial is proceeded with; and, the legislature has enacted the section with particular intent to check the habitual dealing in stolen property by enhancing the sentence in the matter of habitual dealing in stolen property in comparison to offence punishable under section 411, ipc where the dealing of ..... 146/2003, police station vidhyadhar nagar, wherein challan was filed against non-petitioner accused waman narayan gheeya and others and along with other charges, charge under section 413, ipc is also framed, the .....
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