Court : Supreme Court of India
..... books evidence act, 1891, the credit information companies (regulation) act, 2005, the public financial institutions (obligation as to fidelity and secrecy) act, 1983, the payment and settlement systems act, 2007, the income 64 tax act, 1961, the aadhaar (targeted delivery of financial and other subsidies, benefits and services) act, 2016, the census act, 1948, the collection of statistics act, 2008, the juvenile justice (care and protection of children) act, 2015, the protection of children from sexual offences act, 2012 and the information ..... and cultural rights adopted by the general assembly of the united nations on the 16th december, 1966 [and such other covenant or convention adopted by the general assembly of the united nations as the central government may, by notification, specify under section 12(f) of the protection of human rights act, 1993, the national human rights commission: is entrusted with the function of studying treaties and other international and make recommendations for their effective implementation. ..... the exercise of any of the rights conferred by the said sub clauses either in the interests of the general public or for the protection of the interests of any scheduled tribe (6) nothing in sub clause (g) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the state from making any law imposing, in the interests of the general public, reasonable restrictions on the exercise of the right conferred by the said .....
Tag this Judgment!Court : Delhi
..... for offences punishable in india is supplemented by numerous enactments which create subject-specific offences, they including, as mentioned earlier, official secrets act, 1923; prevention of food adulteration act, 1954 (since replaced by food safety and standards act, 2006); the customs act, 1962; narcotics drugs and psychotropic substances act, 1985; prevention of corruption act, 1988; maharashtra control of organized crime act, 1999; prevention of terrorism act, 2002 and protection of children from sexual offences act, 2012; ..... triable by (a) an offence punishable under section 4 and any scheduled offence connected to the offence under that section shall be triable by the special court constituted for the area which the offence has been committed: in provided that the special court, trying a scheduled offence before the commencement of this act, shall continue to try such scheduled offence; or (b) a special court may, upon a complaint made by an authority authorised in this behalf under this act take cognizance of offence under section 3, ..... of sections 44 and 45 pmla is that the special court is empowered to take cognizance of the offence under section 3 pmla without the accused being committed to the said court for trial but this is conditional upon a complaint in writing being made for such action by the "director" (of enforcement) or any other officer of the central or state government specially wp(c) 856/2016 & connected matters page 18 of 101 authorized in this behalf, .....
Tag this Judgment!Court : Mumbai
..... of 2014 registered at kharghar police station alleging offences punishable under sections 188, 500, 501, 502 of indian penal code, sections 66a and 66b of the information technology act, 2000 and sections 23(1)(2)(3) (4) of the protection of children from sexual offences act, 2012 is quashed. ..... as that fir is concerned, it alleges offence punishable under sections 188, 500, 501, 502, 66a and b of the information technology act, 2000 and section 23(1)(2)(3) (4) of the protection of children from sexual offences act, 2012. ..... 2014 alleging offence punishable under section 376 of the ipc read with sections 8 and 10 of the protection of children from sexual offences act, 2012. ..... whoever not being a member of a scheduled caste or a scheduled tribe commits the acts set out in clauses (i) to (xv) of sub-section (1) of section 3 of the scst act is said to commit an offence of atrocity punishable with imprisonment and with fine ..... present case, the statement of the said darekar projects an act which is an atrocity and punishable as an offence within the meaning of section 3(1)(x), which states that whoever not being a member belonging to the scheduled caste and scheduled tribe intentionally insults or intimidates with intent to humiliate a member of a scheduled caste or a scheduled tribe in any place within public view is said to commit this offence and be punished for it. ..... the act has been given overriding effect and by section 23, the central government can make rules ..... (iv) central bureau of .....
Tag this Judgment!Court : Supreme Court of India
..... other practices aimed at realization of social goals and furthering the mandate of article 15(3) in respect of children such as the right to free universal education under article 21a of the constitution, and the right to free education act, 2009; the child labour (prohibition and regulation) act, 1986; protection of children from sexual offences act, 2012, the juvenile justice (care and protection) act 2016 (hereafter, jj act ), etc. ..... 11 section 2 (2), hindu marriage act, and hindu succession act, are identically worded, and state that: (2) notwithstanding anything contained in sub-section (1), nothing contained in this act shall apply to the members of any scheduled tribe within the meaning of clause (25) of article 366 of the constitution unless the central government, by notification in the official gazette, otherwise directs. ..... is a hindu, buddhist, jaina or sikh by religion and who is brought up as a member of the tribe, community, group or family to which such parent belongs or belonged; 12 section 3 (2) states that (2) notwithstanding anything contained in sub-section (1) nothing contained in this act shall apply to the members of any scheduled tribe within the meaning of clause (25) of article 366 of the constitution unless the central government, by notification in the official gazette, otherwise directs. .....
Tag this Judgment!Court : Supreme Court of India
..... same rights to pursue free and compulsory elementary education which children with disabilities have under the provisions of chapter v of the persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995 (1 of 1996): provided that a child with ..... act as grievance redressal mechanism, monitor implementation of the proposed legislation replacing the chief commissioner and state commissioners for persons with disabilities, respectively; (ix) guidelines to be issued by the central government for issuance of certificates of specified disabilities; (x) penalties for offences ..... schedule; (n) rehabilitation professionals means (i) audiologists and speech therapists; (ii) clinical psychologists; (iii) hearing aid and ear mould technicians; (iv) rehabilitation engineers and technicians; (v) special teachers for educating and training the handicapped; (vi) vocational counsellors, employment officers and placement officers dealing with handicapped; (vii) multi purpose rehabilitation therapists, technicians; or (viii) such other category of professionals as the central government may, in consultation with the council, notify from ..... children with disabilities, basic sign language and braille, if not already done, as otherwise children with disabilities will be deprived of their right to quality education on equal basis with other children which is a mandate of the rights of persons with disabilities act, 2016 as well as rte act, 2009 as amended in 2012 .....
Tag this Judgment!Court : Supreme Court of India
..... it is contended on behalf of the appellant that he was 17 years and 3 months old on the date of commission of offence and his case ought to have been dealt under the juvenile justice (care & protection of children) act, 2000 (in short j.act ) and the provisions of tada are inapplicable to his case and the learned designated court erred in negating the said contention. ..... vimal thapa (a-112) |life |confirmed | | | | |sentence | | |8 |1440/2007 |muzamil umar kadri (a-25) |life |confirmed | | |with | |sentence | | | |1028/2012 | | |dismissed | | |(state) | | | | |9 |1441/2007 |vijay krishnaji patil (a-116) |life |confirmed | | | | |sentence | | | | |moh. ..... relevant facts from the deposition of witnesses that incriminate the appellant have been enumerated below: deposition of yeshwant balu lotle (pw-154) at the relevant time, he was posted as an officer in the central excise department. ..... kasam lajpuria @ mechanic | |confirmed | | |with |chacha (a-136) |ri for 10 | | | |1023/2012(state)| |year | | | |(a-136) | | |dismissed | |11 |976-977/2008 |nasir abdul kader kewal @ nasir |life |confirmed | | | |dakhla (a-64) |sentence | | |12 |616/2008 |salim rahim shaikh @ salim babu wrane|life |confirmed | | | |(a-52) |sentence | | |13 |979-980/2008 | ..... state of west bengal (2012) 10 scc 489.340) admittedly, the tada act 1985/1987 and j.act, 1986/2000, both contained provisions providing over-riding effect on any other law for the time being in force. .....
Tag this Judgment!Court : Karnataka
..... protection of children from sexual offences act, 2012:17. ..... -verbal communication, communicates willingness to participate in the specific act: provided that a woman belonging to a scheduled caste or a scheduled tribe who does not offer physical resistance to any act of a sexual nature is not by reason only of that fact, is to be regarded as consenting to the sexual activity: provided further that a woman's sexual history, including with the offender shall not imply consent or mitigate the offence; (2) whoever, not being a member of a scheduled caste or a scheduled tribe, (v) commits any offence under the indian penal (45 of 1860) punishable with ..... case (pocso) no.181 of 2022 and 182 of 2022 registered for offences punishable under sections 376(2)(n), 376da, 376(3), 201, 506 r/w 34 & 37 of the ipc, section 5(l) & 6 of the pocso act, 2012 ( pocso act for short), section 3(1)(w)(i)(ii), 3(2)(v)(v-a) of the scheduled castes/scheduled tribes (prevention of atrocities) act, 1989 ( the atrocities act for short), section 3(c), 3(f), 3(5) and 7 of the religious institutions (prevention of misuse) act, 1988 ( the 1988 act for short) and section 75 of the juvenile justice (care and protection of children) act, 2015 ( the 2015 act for short). .....
Tag this Judgment!Court : Karnataka
..... protection of children from sexual offences act, 2012:17. ..... -verbal communication, communicates willingness to participate in the specific act: provided that a woman belonging to a scheduled caste or a scheduled tribe who does not offer physical resistance to any act of a sexual nature is not by reason only of that fact, is to be regarded as consenting to the sexual activity: provided further that a woman's sexual history, including with the offender shall not imply consent or mitigate the offence; (2) whoever, not being a member of a scheduled caste or a scheduled tribe, (v) commits any offence under the indian penal (45 of 1860) punishable with ..... case (pocso) no.181 of 2022 and 182 of 2022 registered for offences punishable under sections 376(2)(n), 376da, 376(3), 201, 506 r/w 34 & 37 of the ipc, section 5(l) & 6 of the pocso act, 2012 ( pocso act for short), section 3(1)(w)(i)(ii), 3(2)(v)(v-a) of the scheduled castes/scheduled tribes (prevention of atrocities) act, 1989 ( the atrocities act for short), section 3(c), 3(f), 3(5) and 7 of the religious institutions (prevention of misuse) act, 1988 ( the 1988 act for short) and section 75 of the juvenile justice (care and protection of children) act, 2015 ( the 2015 act for short). .....
Tag this Judgment!Court : Supreme Court of India
..... determination of his age on the date of the commission of the offence is, therefore, possible only by reference to the medical opinion obtained from the duly constituted medical board in terms of rule 12(3) (b) of the juvenile justice (care and protection of children) rules, 2007. ..... what remains to be addressed now is an application filed by the appellant in this court seeking to raise a plea that the appellant was a juvenile on the date of the commission of offence hence entitled to the benefit of juvenile justice (care and protection of children) act, 2000. ..... two estimates in the range of 30- 36 years, mentioned by the medical board, he was a juvenile on the date of the occurrence being only 17 years, 2 months hence entitled to the benefit of the provisions of the juvenile justice (care and protection of children) act, 2000.14. ..... in the totality of the circumstances, we have persuaded ourselves to go by the age estimate given by the medical board and to declare the appellant to be a juvenile as on the date of the occurrence no matter the offence committed by him is heinous and but for the protection available to him under the act the appellant may have deserved the severest punishment permissible under law. ..... the superintendant of the central jail was directed to ensure production of the appellant for the purpose of determination of his age before the medical board for carrying out the tests and examination. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1982WLN(UC)280
..... in the said order, it is stated that the transfers were being made on administrative grounds for the reason that a ceiling has been fixed for the budget of the community development projects and that the central social welfare board as well as the state government had refused to increase the aforesaid ceiling in the budget and that as a result of shortage of funds the salaries of the employees in the community development projects ..... in the present case, the impugned order of transfer dated march 8, 1982, containing a recital to the effect that since ceiling has been fixed on the budget of community development project and is the central social welfare board and the state government have refused to increase the said ceiling on the budget it has not been possible to pay the salaries to the employees of the community development project in time on ..... there was shortage of funds at the community development project, balotra is also borne out from the figures given in schedule 'a' to the reply filed on behalf of respondent no. 3. ..... for the community development projects but the said request was rejected by the central social welfare board as well as the state government. ..... two-thirds of the aforesaid sum is paid by the central social welfare board and the remaining one third is paid by the ..... 3 and that funds were given by the central social welfare board and the state government only in the first week of march 1982 and immediately thereafter the payment of the salaries was made on march .....
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