Court : Delhi
Reported in : ILR1972Delhi775
..... counsel for the appellant referred to the first and fourth clauses of section 54(1) criminal procedure code which read as under :- '54(1)any police-officer may, without an order from a magistrate and without a warrant, arres,t-first, any per- son who has been concerned in any cognizable offence or against whom a reasonable complaint has been made, ..... investigation is certainly not an inquiry or trial before the court and the fact that there is no specific provision either way in chapter xlv with respect to omissions or mistakes committed during the course of investigation except with regard to the holding, of an inquest is a sufficient indication that the legislature did not contemplate any ..... was held that when the accused was presented for trial before the british indian court he had been validity surrendered to that court by the jind authorities and thereforee the proceedings before that court were regular and any order and the validity of the trial and conviction of the accused should not ..... ultimately the assistant collector of customs filed a complaint praying for conviction of the respondent under section 135(b) of the customs act and rule 126 p(ii) of the defense of india rules on the ground that the investigation made by the customs authorities revealed that the respondent being ..... that on 8-11-1964 the station house officer kotwali, chandni chowk delhi received information and in consequence of that information he posted himself at the crossing of jogiwara and ..... the money and .....
Tag this Judgment!Court : Delhi
Reported in : AIR1967Delhi83; 1967CriLJ1297
..... it must also be borne in mind by the courts holding criminal proceedings that when an accused person is in custody, a responsibility rests on the presiding officer of the court concerned to see that his trial proceeds with reasonable promptitude and the prosecuting agency concludes the prosecution with due diligence and no unnecessary adjournments are granted in the case.the ..... the court below, i have indeed been influenced by the fact that the learned magistrate did nto attach due importance to the directions issued by the learned sessions judge and also that he had acted in violation of the directions contained in paragraphs 6, chapter i-a, punjab high court rules and orders, vol.. ..... can only express my disappointment as the way in which the purpose of this court's order dated 2-1-1967 should have been defeated and no proceeding should have taken place on 4-1- ..... were buth present, but the case was adjourned to 14-12-1966 for appropriate orders.on 14.12.1966, the presence of the accused was ntoed and the case was adjourned to 21-12-1966 for the cross-examination of the witnesses ..... the final result, as observed earlier, the petitioner is released on bail buth in the case under section 307, indian penal code, and in the cases under the indian arms act to the satisfaction of the district magistrate. ..... under-trial `b' class prisoner confined in the central jail, new delhi for his release on bail pending his trial under section 307, indian penal code, and sections 25 and 26 of the arms act. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1975Delhi69b; 1975RLR69
..... higher court it can find out from the complaint, the preliminary evidence (if any) and the result of the inquiry or investigation (if any) without any difficulty whether or not the order directing issue of summons/warrant and specifying the offence/offences made out against the accused prima facie was passed after due deliberation and is or is not justified by a sufficient ground. ..... the supreme court upheld the order of the central government in this case, their lordships observed: 'iftribunals can make orders without giving reasons, the said powers in the hands of unscrupulous or dishonest officers may turn out to be ..... scope of the provisions of sections 203 and 204 of the criminal procedure code observed :- 'themagistrate has, while acting under either of them, to apply his mind to the material and then form the judgment whether he is ..... falls in the chapter entitled 'of complaints to magistrates' and section 204(1) in the chapter bearing the caption ..... together because the question involved in them is common : 'is the magistrate issuing process under section 204 of the criminal procedure code 1898 required by the law to pass a speaking order, that is, to state reasons for doing so ? ..... by him satisfied by this evidence that there were grounds to proceed further against all the accused persons u/s/ 323/451//34/120b indian penal code ordered their being summoned. ..... against the accused as he, according to the case of the complainant, had dishonestly induced the complainant to part with money. .....
Tag this Judgment!Court : Delhi
Reported in : 1989CriLJ572; 36(1988)DLT8
..... as under :- 'except where the property is live-stock or is subject to speedy and natural decay or where a bond has been executed in pursuance of sub-section (2), an order made under sub-section (1) shall not be carried out for two months or when an appeal is presented, unless such appeal has been disposed of. ..... learned counsel for the state informed us that in each case the property is destroyed after obtaining orders from the court of metropolitan magistrate in-charge of the police station where the offence originally took place ..... in view of the mandatory provisions contained in the code of criminal procedure as well as in the high court rules and orders, the prosecution was duty bound to keep in safe custody the case property so that the appellate and the revisional court had the opportunity to examine and scrutinise the material before it on which ..... pal singh admits that he had deputed constable abdul jabar to deliver the copies of the fir to the ilaqa magistrate and other higher officers but his return is not mentioned in the rojnamacha 'a' till 12 mid-night, so long as he remained on duty. ..... the body, the weapons of offence were forwarded to the post-mortem doctor for his opinion. ..... availability of the moulds and dies for examination of the appellate court was held to be vocative of the mandatory provisions contained in chapter 11-e, vol. ..... 1898 as well as of 1973 required the first information report to be sent 'forthwith' to the magistrate competent to take cognizance of ..... the arms act. .....
Tag this Judgment!Court : Delhi
Reported in : 1984CriLJ481; 25(1984)DLT52; 1984(6)DRJ160; 1984RLR111
..... his objection to these proceedings is based on his construction of section 15 of the contempt of courts act whereby unless the court proceedings on its own motion or on a motion made by the advocate general, any contempt proceedings initiated by any other person can only be moved by such person with the consent in writing of advocate general or the law officer duly appointed by the union territory, we however, do not agree with his contention and in this regard we ..... -point, the confirmation proceedings under sections 374, 375 and 376, chapter xxvii of the code of 1898, are in substance a continuation of the trial. ..... confirm the sentence, or pass any other sentence warranted by law, or (b) may annul the conviction, and convict the accused of any offence of which the court of session might have convicted him, or order a new trial on the same or an amended charge, or (c) may acquit the accused persons. ..... the same is the ease in the interviews granted to indian express dinman, navbharat times and sarita which were given by him from time to time last being to sarita towards ..... additional sessions judge, in his judgment has characterised the three accused as worst criminals who for the agreed of money had, pursuant to a pre-plan, burn t sudha. ..... post of judicial character by choice and by accepting to be a part of judiciary he has also undertaken to impose upon himself certain restrictions and these self-imposed restrictions have since long been recognized as a necessary adjunct of the office. .....
Tag this Judgment!Court : Delhi
Reported in : AIR1969Delhi304; 1969CriLJ1370
..... in regard to this submission as well, i must point out that the object of revisional jurisdiction is to confer upon the high court a kind of supervisory power in order to correct miscarriage of justice arising from misconception and misapplication of law, irregularity of procedure and similar infirmities and that this power, which is discretionary in nature, is exercisable in the larger ..... neelam has, while tendering unconditional and unequivocal apology, explained that the learned magistrate had, without notice to her, passed the impugned order directing search warrants for her only infant son, just a few months old, on the assumption that her custody of her own child amounted to wrongful confinement and this action of the ..... noteworthy that when the revision application was presented in the court of the learned additional sessions judge, the office did nto find anything objectionable with the grounds of revision and the revision was duly entertained without any objection ..... order of the learned magistrate is assailed on revision, then this court has to go into the question on the material on the record and the permissive presumption under section 114 illustration (e), indian evidence act, can by no means be conclusive in favor of the legality of the order. ..... are a result of evident misuse of the process of the criminal court and are in contraventions to the provisions of the law as laid down in chapter viii of the criminal p. c. ..... considering the scheme of chapter viii of criminal p. .....
Tag this Judgment!Court : Delhi
Reported in : 3(1967)DLT553
..... order dated 2nd march, 1966 appears to have been signed by some toher officer, presumably by the officer acting for the additional district magistrate bit it is difficult to understand why the officer acting ..... for as relevant for our purpose, lays down in the clearest possible terms that no court shall take cognizance of any offence punishable under any of the sections mentioned therein, including section 211, indian penal code, when such offence is alleged to have been committed in or in relation to any proceeding in any court except on the complaint in waiting of such court or of some toher court to which ..... of the matter by nto doubting the readers's integrity incidentally even the stamp on this application nis nto been punched till today as required by the high court rules & orders ; nor has the stamp been toherwise cancelled this casual way of discharging their duties by the ministerial staff of the learned additional district magistrate has nto been appreciated by this ..... his approach and his manner of dealing with this judicial case appears more to be that of an omni-competent executive or administrative officer recognizing no legal limits on his power, than of a judicial officer who has to apply his own independent mind to all the facts and the law applicable and then to come to his own impartial decision, wholly uninfluenced by ..... an application purporting to be by attar singh dated 17th january, 1967 apparently sent by post from poona because the words 'regd. ..... chapter .....
Tag this Judgment!Court : Delhi
Reported in : AIR1970Delhi98; 1970CriLJ670
..... and then, neglect or refusal to maintain seems to be to mean neglect or refusal to maintain properly and assuming, without holding, that shri tewari has, once in a while, given some money or present for the 'child', as he argues in his court, that cannot be successfully pleaded as a complete defense to the child's claim to be adequately and regularly maintained according to the ..... on all sides and i have no doubt that educated, sensible and practical as all the persons concerned in this controversy are, and belonging as they do to respectable families with high indian traditions, they will all realise the futility of avoidable litigation which is calculated to bring disharmony and financial difficulties in the family. ..... , with a regular civiil suit for maintenance because it is obvious from the statutory scheme of chapter xxxvi of the code that these provisions are relatively summary, designed to afford urged relief to the needy, neglected wife and child to a limited ..... to his wife, pursuant to an order under section 24 of the hindu marriage act and that this amount is meant for his child as well, assuming, without holding, the last assertion to be correct, does not render the recommendation of the learned additional sessions judge to be ..... that court would no doubt use its good offices in accordance with law to remove misunderstandings, if any, between the parties and see that the two spouses forget their past differences and begin to live together, if for no other reasons, .....
Tag this Judgment!Court : Delhi
Reported in : 1988(1)Crimes839; 34(1988)DLT271; 1988(14)DRJ263
..... the offence has been defined in sections 2(4) of the said act to mean an offence punishable with transportation or rigorous imprisonment under the indian penal code but the offences excepted are an offence which is punishable with death ; an offence punishable under chapter v-a (criminal conspiracy) or chapter-vi (all offences against the state) of the indian penal code, or those offences which are punishable with imprisonment under the public gambling act. ..... of again lieu of transportation or rigorous imprisonment (1) when any male person less than twenty-one years of age is convicted of an offence by a court of session, a magistrate specially empowered under section 30 of the code of criminal procedure, 1898 or a magistrate of the first class, or is ordered to give security for good behavior and fails to give such security, and when by reason of his criminal habits or tendencies or associations with persons of bad character it is expedient, in the opinion of the judge or magistrate ..... may, in lieu of passing a sentence of transportation or rigorous imprisonment, pass an order of detention for a term which shall not be less than two years and shall not exceed seven years when the order is passed by a court of sessions or the magistrate specially empowered under section 30 of the code of criminal procedure, 1898, and shall not be less than two years nor exceed three years, when the .....
Tag this Judgment!Court : Delhi
Reported in : 1983(14)ELT1688(Del); ILR1983Delhi327
..... other than those intended for transit or transhipment(section 46), clearance of such goods for home consumption after payment of import duty (section 47), sale of goads not so cleared or warehoused within a specified time, by the proper officer (section 48), storage of imported goods in warehouse (section 49), non-charging of duty on those goods imported into a customs port which are mentioned in the import manifest as meant for transit or transshipment to any port outside india ..... of the customs act next prohibits the unloading of any imported goods by any master of vessel until an order has been given by a proper officer granting entry inwards to ..... this section provides for the rate of duty applicable to goods imported by post and provides that the rate in force on the date on whichthe postal authorities present to the appropriate officer a list containing the particulars of goods for the purpose of assessing the duty will ..... a vessel or a motor-boat may enter indian territorial waters with prohibited and other goods for landing them at places other than customs station (which means any customs port, customs airport or land customs station vide section 2(13).in ..... (55) chapters vii, viii, ix and xi of the act make further provisions in what circumstances the custom duty is or ..... by the ship and yet the ship had entered the territorial waters of india, this instance would show the infirmity in the contention of counsel for the petitioners.reference may also be made to 1898 app cas 735(13). .....
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