Judgment Search Results Home > Cases Phrase: indian evidence amendment act 2002 section 3 amendment of section 155 Court: supreme court of india Page 10 of about 1,650 results (0.475 seconds)

L. Chandra Kumar Vs. Union of India and Others

Court : Supreme Court of India

Reported in : AIR1997SC1125; 1997(1)BLJR735; (1997)1CALLT55(SC); 83(1997)CLT815(SC); 1997(92)ELT318(SC); [1997]228ITR725(SC); JT1997(3)SC589; 1997(1)MPLJ621; 1997(I)OLR(SC)408; 1997(3)SC

..... the constitution was inserted through section 46 of the constitution (42nd amendment) act, 1976 with effect from march ..... across customs powers to punish for frontiers; contempt) and authority which may be exercised by each of the said tribunals; (c) provide for the procedure (c) industrial and labour (including provisions as to disputes; limitation and rules of evidence) to be followed by the said tribunals; (d)exclude the jurisdiction of all (d) land reforms by way of courts, except the jurisdiction acquisition by the state of of the supreme court under any estate as defined in article 136 ..... of power between the three wings of government and it was in this context that gajendragadkar, cj made the following observations: [w]hether or not there is distinct and rigid separation of powers under the indian constitution, there is no doubt that the constitution has entrusted to the judicature in this country the task of construing the provisions of the constitution and of safeguarding the fundamental rights of the citizens. ..... advisory jurisdiction, as evidenced by section 256 of the indian companies act, 1556, section 27 of the wealth tax act, 1957, section 26 of gift tax act, 1958, and section 18 of companies (profits) surtax act, 1964. ..... be qualified for appointment as a judicial member unless he-- (a) is, or has been, or is qualified to be, a judge of a high court; or (b) has been a member of the indian legal service and has held a post in grade i of that service for at least three years. .....

State of Rajasthan and ors. Vs. Union of India and ors.

Court : Supreme Court of India

Reported in : AIR1977SC1361; (1977)3SCC592; [1978]1SCR1

..... by the maintenance of internal security (amendment) act, 1976 passed on january 25, 1976 which added sub-section (9) to section 16a of the principal act which provided that the grounds on' which an order of detention was made or purported to be made under section 3 against any person in respect of whom a declaration was made under sub-section (2) or sub-section (3) and any information or materials on which such grounds or a declaration under sub-section (2) or a declaration or confirmation under sub-section (3) etc. ..... in fact the additional solicitor-general candidly conceded that if the action under article 356 is absolutely and demonstrably absurd or perverse or self-evidently mala fide and there is total absence of any nexus whatsoever between the action taken and the scope and object of article 356, judicial intervention may be available in ..... the absence of the expression 'state government' and the use in its place of the expression 'state' in article 131, is said to furnish intrinsic evidence that for a suit to fall under that article, the dispute must arise between the government of india and a state, not between the government of india and the ..... the position of the governor as the constitutional head of state as a unit of the indian union as well as the formal channel of communication between the union and the state government, who is appointed under article 155 of the constitution 'by the president by warrant under his hand and seal,' was also touched in the course of .....

Sakshi Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR2004SC3566; 2004(2)ALD(Cri)504; 2004(2)BLJR1378; 98(2004)CLT491(SC); 2004CriLJ2881; 112(2004)DLT457(SC); 2004(77)DRJ390; RLW2004(3)SC402; 2004(6)SCALE15; (2004)5SCC518;

..... (c) in particular, given the widespread prevalence of child sexual abuse and bearing in mind the provisions of the criminal law (amendment) act, 1983 which specifically inserted section 376(2)(f) envisaging the offence of 'rape' of a girl child howsoever young below 12 years of age, whether the expression 'sexual intercourse' as contained in section 375 of the indian penal code should correspondingly include all forms of penetration such as penile/vaginal penetration, penile/oral penetration, penile/anal penetration, finger/vagina and ..... the law commission suggested that with a view to allay any apprehensions on this score, a proviso can be placed above the explanation to section 273 of the criminal procedure code to the following effect: 'provided that where the evidence of a person below sixteen years who is alleged to have been subjected to sexual assault or any other sexual offence, is to be recorded, the court may, take appropriate measures to ensure that such person is not confronted by the accused ..... it was also pointed out that such a trial in camera would enable the victim of crime to be a little comfortable and answer the questions with greater ease and thereby improve the quality of evidence of a prosecutrix because there she would not be so hesitant or bashful to depose frankly as she may be in an open court, under the gaze of the public. .....

Escorts Limited and ors. Vs. Union of India and Others

Court : Supreme Court of India

Reported in : AIR1993SC1325; (1992)108CTR(SC)275; [1993]199ITR43(SC); 1992(2)SCALE867; (1993)1SCC249; [1992]Supp2SCR153

..... it is pointed out that clause (xiv) of sub-section (2) of section 10 was introduced in the indian income-tax act within two years of the introduction of a similar provision in the english act, evidently inspired by the amendment in the english act. ..... of that asset, the actual cost of the asset to the assessee shall be the actual cost to the assessee as reduced by the amount of any deduction allowed underclause (iv) of sub-section (1) of section 35 or under any corresponding provision of the indian income-tax act, 1922 (11 of 1922),' now what does this mean take a case where the asset of a like nature acquired prior to april 1, 1967 is diverted to other purposes after the expiry of two previous years; the 'actual cost ..... it is evidently on the basis of this recommendation thatclause (iv) of sub-section (2) of section 35 was amended to make express what was implicit in it. ..... it read as follows at the relevant time:explanation : where an asset is used in business after it ceases to be used for scientific research related to that business and a deduction has to be made under clause (i), clause (ii) or clause (iii) of sub-section (1) or sub-section (1a) of section 32 in respect of that asset, the actual cost of the asset to the assessee, as reduced by the amount of any deduction allowed under clause (iv) of subsection (1) of section 35 or under any corresponding provision of the indian income-tax act, 1922 (11 of 1922).6. .....

Masood Alam Etc. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1973SC897; 1973CriLJ627; (1973)1SCC551; [1973]3SCR268

..... judicial notice under section 57 of the indian evidence act can be taken of the fact that the war between india and pakistan actually began on december 3, 1971 ..... to ensure that it is not rendered nugatory or ineffective by resorting to the camouflage of making, a fresh order operative soon after the expiry of the period of detention, as also to minimise resort to detention orders that section 14 restricts the detention of a person on given set of facts to the original order and does not permit a fresh order to be made on the same grounds which were in existence when the original order was made. ..... that you have been exciting communal feelings among the muslims in india and contributing to the communal disturbances in the aligarh city which is evident from the following instances :-(a) that you on 15-10-71 attended the executive committee meeting of youth majlis at jama masjid upor kot, aligarh ..... the power of preventive detention being an extraordinary power intended to be exercised only in extraordinary emergent circumstances the legislative scheme of sub-section 13 and 14 of the act suggests that the detaining authority is expected to know and to take into account all the existing grounds and make one order of detention which must not go ..... order was made by the district magistrate for the petitioner's detention under section 3(1)(a)-(i) and (ii) of the act as amended by the defence of india act 42 of 1971. ..... amendment) bill, 1971-now an act ..... amendment ..... (amendment) bill should guarantee .....

Lt. Commander Pascal Fernandes Vs. the State of Maharashtra and ors.

Court : Supreme Court of India

Reported in : AIR1968SC594; 1968CriLJ550; [1968]1SCR695

..... where the offence is punishable under section 161 or section 165 or section 165a of the indian penal code or sub-section (2) of section 5 of the prevention of corruption act, 1947, and where a person has accepted a tender of pardon and has been examined under sub-section (2), them notwithstanding any thing contained in sub-section (2a), a magistrate shall, without making any further inquiry, send the case for trial to the court of the special judge appointed under the criminal law amendment act, 1952'. 11. pausing here it ..... khanna contends that the powers of the special judge to grant pardon are untrammeled and that the sections both in the code and in the criminal law amendment act bearing upon the tender of pardon with a view to securing evidence are not conditioned by any of the considerations on which learned counsel on the other side rely. ..... . the district magistrate, a presidency magistrate, a sub-divisional magistrate or any magistrate of the first class may, at any stage of the investigation or inquiry into or trial of the offence, with a view to obtaining the evidence of any person supposed to have been directly or indirectly concerned in or privy to the offence, tender a pardon to such person on condition of his making a full and true disclosure of the whole circumstances within his knowledge relative to the .....

Thomas Dana Vs. the State of Punjab

Court : Supreme Court of India

Reported in : AIR1959SC375; 1959CriLJ392; 1983LC1678D(SC); 1959Supp(1)SCC274; [1959]Supp1SCR274

..... section 171a, inserted by the sea customs (amendment) act, 1955 (act 21 of 1955), confers power on officers of customs to summon any person to give evidence and produce documents; it reads: ..... court, after hearing the parties, dismissed those writ petitions, holding that the charge against the petitioners included an offence under s.120b of the indian penal code, which certainly was not one of the heads of charge against them before the collector of customs. ..... every such inquiry as aforesaid shall be deemed to be a judicial proceeding within the meaning of section 193 and section 228 of the indian penal code. ..... the punishments to which offenders are liable under the provisions of the -indian penal code are: (1) death; (2) imprisonment for life; (3) imprisonment, which is of two descriptions, ..... , that he, along with others, attempted to take out of india, indian currency (as detailed in paragraphs 14 and 17 of the complaint of the assistant collector of customs and central excise, amritsar), in contravention of the law prohibiting such ..... offences against particular laws, the acts described therein clearly fall within the definition of 'offences' in the general clauses act and the indian penal code. ..... came to the conclusion that the petitioners had planned to smuggle indian and foreign currency out of india, in contravention of the law ..... the other expressions have been used in their generic sense and not as they are understood in the indian penal code or other laws relating to criminal offences. .....

Ramnarayan Mor and anr. Vs. State of Maharashtra

Court : Supreme Court of India

Reported in : AIR1964SC949; (1964)66BOMLR714; 1964CriLJ44; [1964]5SCR1064

..... it is obvious that the magistrate would have no jurisdiction under this provision to examine an accused (a) either when no oral evidence for the prosecution has been recorded or (b) in respect of matters about which there is no evidence adduced in the sense in which that expression is used in the indian evidence act for enabling the court to hold any fact in issue, or a relevant fact to be proved. ..... (4) of the code which the magistrate is directed to consider before ordering commitment, which being public documents need no proof under the indian evidence act, and which would be judicial evidence before a court under the latter enactment,, (3) the entirety of the documents under s. ..... 3 of the indian evidence act where evidence is defined thus: 'evidence' means and includes ..... " but the learned chief justice then proceeded to point out that there was an apparent lacuna in the subsection which, however, he held was remedied by the later part of the sub- section directing the magistrate 'to give the accused an opportunity of being heard,' and that under this provision the magistrate was vested with power to examine the accursed for the purpose of explaining why he should not be ..... 29 of the criminal procedure code amendment act, (act 26 of 1955). ..... normally in a criminal trial, the court can proceed on documents which are duly proved, or by the rules of evidence made admissible without formal proof, but under the amended code the legislature has in s. ..... (6) was amended so as to read as it does at .....

The State of Punjab Vs. Barkat Ram

Court : Supreme Court of India

Reported in : AIR1962SC276; 1985(5)LC2194(SC); [1962]3SCR338

..... by special leave, raise the question whether a customs officer, either under the land customs act, 1924 (act xix of 1924) or under the sea customs act, 1878 (act viii of 1878), is a police officer within the meaning of that expression in section 25 of the indian evidence act. 2. ..... a abkari officer under the bombay abkari act, who, in the conduct of investigation of an offence punishable under the bombay abkari act exercised the powers conferred by the code of criminal procedure, 1898, upon an officer in charge of a police station for the investigation of a cognizable offence, was a police officer within the meaning of section 25 of the indian evidence act. ..... confessions from accused persons in order to gain credit by securing convictions, and that those malpractices went to the length of positive torture; nor do i doubt that the legislature, in laying down such stringent rules, regarded the evidence of police officers as untrustworthy, and the object of the rules was to put a stop to the extortion of confessions, by taking away from the police officers as the advantage of proving such exported confessions during the ..... the preamble of the sea customs act says : 'whereas it is expedient to consolidate and amend the law relating to the levy of sea ..... of the assistant collector of land customs, amritsar, barkat ram was tried for offences punishable under section 23(1) of the foreign exchange regulation act, 1947, and under section 167(81) of the sea customs act, 1878, as amended in 1955. .....

Supreme Court Advocates-On-Record Association and Anr. Vs. Union of In ...

Court : Supreme Court of India

..... to determine on the basis of the majority view in kesavananda bharati is whether the amendments introduced by sections 4 and 55 of the constitution (42nd amendment) act, 1976 damage the basic structure of the constitution by destroying any of ..... due foundation for that separate and distinct exercise of the different powers of government, which to a certain extent is admitted on all hands to be essential to the preservation of liberty, it is evident that each department should have a will of its own, and consequently should be so constituted that the members of each should have as little agency as possible in the appointment of ..... and 217 on the one hand, and the absence of any consultation , with reference to the appointments contemplated under articles 148, 155, 280, 316, 324, 338, 338a, 344 and 350b, leaves no room for any doubt, that the above consultation ..... interpreted in the above manner, according to the learned attorney general, in exercising his responsibilities under articles 124, 217, 148, 155, 280, 316, 324, 338, 338a, 344 and 350b, the president is only a figurative authority, whereas truthfully, the authority actually ..... referring to the required qualities of a judge recognized in the indian context, as were enumerated in the bangalore principles of judicial conduct , and thereupon accepted the world over, as revised at the round table meeting of chief justices held at the hague, in november 2002, it was submitted, that the two eminent persons would be most suited, to .....