Judgment Search Results Home > Cases Phrase: special criminal courts jurisdiction act 1950 Page 1 of about 103,191 results (0.338 seconds)

Pailwan Abdul Khader and ors. Vs. State of Mysore

Court : Karnataka

Reported in : AIR1951Kant72; AIR1951Mys72

..... will not affect any special jurisdiction or power conferred by any other law for the time being in force & the special criminal courts act is one such law & ihe special form of procedure prescribed by such law will nob be affected by the criminal p. c. ..... commencement of this constitution, in so far as they are inconsistent with the provisions of this part, shall, to the extent of such inconsistency, be void,' the point that arises for consideration is whether the legislature today can enact, an act like the special criminal courts act consistently with the right of equality before the law of all persons as declared in article 14, & if it cannot, whether the special criminal courts act is not void, as per article 13, clause (1) of the constitution, after the midnight of 25-1-1950. ..... observed :'even t though prior to 26-1-1950 this ct's jurisdiction to issue high prerogative writs was a limited jurisdiction & was confined to certain specified writs i agree with my lord the chief justice that the jurisdiction of this ct ..... . if it is therefore void under article 13, it cannot be said that anything in clause 6, general clauses act, can make what had become void on the morning of 26-1-1950 valid to enable the accused being preceded against after that date on which, at any rate, they are declared to be ..... 8, preventive detention act of 1950 the learned c. ..... if what was done by any one was an offence under the press act prior to 26-1-1950, it could be regarded as an offence even after 26 1-1960 .....

Anwarali Sarkar and ors. Vs. the State

Court : Kolkata

Reported in : AIR1955Cal535,1955CriLJ1348

..... the tribunals of criminal jurisdiction act, 1952, was enacted in place of the west bengal special courts act, 1950, which is repealed by section 12 of the present act.in west bengal special courts act, 1950, we find it provided in sub-section (3) of section 6 that a special court may, with a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, it being further provided that any pardon so tendered shall, for ..... as they may be applicable and in so far as they are not inconsistent with the provisions of this act shall apply to all matters connected with, arising from or consequent upon, a trial by a special court.it is true that section 17 of the 1950 act did not say, 'as if the tribunal were a court of session exercising original criminal jurisdiction', but that can hardly be considered to be a real distinction as the words 'a special court shall be deemed to be a court of session,' appeared in sub-section (2) of section 6.it is obvious, therefore, that the legislature was of opinion .....

Lachmandas Kewalram Ahuja Vs. State of Bombay

Court : Mumbai

Reported in : (1952)54BOMLR854

..... turning to the group of sections under the heading 'special courts', it will be noticed that section 10, like section 3 of the west bengal (special courts) act, 1950, and section 9 of the saurashtra state public safety measures ordinance, 1948, authorises the government by notification in the official gazette to constitute special courts of criminal jurisdiction for such area as may be specified in the notification. ..... by a notification dated august 6, 1949, the government of bombay exercising its powers under section 10 of the bombay public security measures act, 1947, constituted a special court of criminal jurisdiction for the ahmedabad district and under section 11 of that act appointed shri m.s. ..... indeed, in a sense the special judge's jurisdiction came to an end, for he was enjoined to proceed only according to the special procedure, and that procedure having become void as stated above, he could not proceed at all as a judge of a special court constituted under the impugned act.26. ..... and, lastly, the impugned act provides that no court shall have jurisdiction to transfer any case from any special judge (s. ..... ' the jurisdiction conferred on the special judge by the impugned act, which, as pointed out already, was perfectly valid and fully operative down to january 26, 1950, thus remained unaffected and application to the appellants of the ordinary procedure prescribed by the code was excluded. .....

Lachmandas Kewalram Ahuja and anr. Vs. the State of Bombay

Court : Supreme Court of India

Reported in : AIR1952SC235; 1952CriLJ1167; [1952]1SCR710

..... turning to the group of sections under the heading 'special courts', it will be noted that section 10 like section 3 of the west bengal (special courts) act, 1950, and section 9 of the saurashtra state public safety measures ordinance, 1948, authorises the government by notification in the official gazette to constitute special courts of criminal jurisdiction for such area as may be specified in the notification. ..... by a notification dated august 6, 1949, the government of bombay exercising its powers under section 10 of the bombay public security measures act, 1947, constituted a special court of criminal jurisdiction for the ahmedabad district and under section 11 of that act appointed shri m. s. ..... thus, besides providing for enhanced punishment and whipping the act eliminates the committal proceedings [section 13 (1)], permits the special judge to record only a memorandum of evidence, confers on him a larger power to refuse to summon a defence witness, than what is conferred on a court by section 257 (1) of the code of criminal procedure and also deprives the accused of his right to apply for a transfer or for revision. ..... indeed in a sense the special judge's jurisdiction came to an end, for he was enjoined to proceed only according to the special procedure and that procedure having become void as stated above, he could not proceed at all as a judge of a special court constituted under the impugned act. 31. .....

Umesh Singh Alias Umesh Prasad Singh Vs. State of Bihar

Court : Patna

..... jurisdiction due to non compliance as required by the code and the rules and (iii) a letter ..... decision of the calcutta high court to the effect that (i) section 549(1) of the code of criminal procedure 1898 and provisions of the rules applied even to a judge presiding over a special court in view of specific amendment effect by virtue of central act xxii of 1966 and such amendment apply to west bengal also, (ii) expiry of period of three years of limitation prescribed for court-martial proceeding by section 122 of the army act, 1950 would not confer jurisdiction upon the ordinary criminal court if it did not have initial .....

Lt. Col. U.G. Menon and anr. Vs. State of Rajasthan

Court : Rajasthan

Reported in : AIR1969Raj115

..... section 125 of the army act, 1950, is in the terms following :--'when a criminal court and a court-martial have each jurisdiction in respect of an offence, it shall be in the discretion of the officer commanding the army, army corps, division or independent brigade in which the accused person is serving or such other officer as may be prescribed to decide before which court the proceedings shall be instituted, and, if that officer decides that they should be instituted before a court-martial, to direct that the accused person shall be detained ..... the mere intimation of the commanding officer to the additional special judge, rajasthun, jaipur, that the accused would be tried by court-martial does not divest the jurisdiction of the ordinary criminal court if in spite of such an order, the criminal court! ..... allowed the revision-application and set aside the above order of learned special judge and directed the trial court to proceed in accordance with the provisions of rules 3 and 4 of the criminal courts and court-martial (adjustment of jurisdiction) rules, 1952. ..... in the end, it was prayed that the matter should be referred to the central government with a view to obtain final decision on the point in issue.learned additional special judge, by his communication, dated january 7, 1967, directed the commanding officer that he should make a reference to the central government or the chief of the army staff in terms of the difficulties pointed out by the learned public .....

G. Sriramamurthy Vs. Majji Narasaiah (Tenant) and anr.

Court : Andhra Pradesh

Reported in : 1995(3)ALT615

..... taken the view that the limitation act applies only to proceedings before a civil or criminal court and since the collector before whom an appeal is filed under section 90 of the andhra pradesh (telangana area) tenancy and agricultural lands act, 1950 is not a civil or criminal court, the provisions of the limitation act, 1963 have no application to the proceedings before him unless there is express provision in the special enactment whereunder the collector is exercising appellate jurisdiction, making any particular section of the limitation ..... for the petitioner contended that the act is a selfcontained act and period of limitation for filing appeal against any order of the special officer is prescribed under the act, that an appeal lies to the district judge as persona designata but not as a court, that the district judge acts as appellate tribunal under the act and not as a civil court, that the provisions of the limitation act are not applicable to the proceedings under the act and that therefore the appellate tribunal ..... sub-section (2) of section 16 says that against any order passed by the special officer under the act an appeal shall lie to the district judge having jurisdiction, within thirty days of the passing of the order and the decision of the district judge on such appeal shall be final. .....

Anwar Ali Sarkar Vs. the State of West Bengal

Court : Kolkata

Reported in : AIR1952Cal150

..... view, sub-s,(1) of section 5 of the west bengal special courts act of 1950 offends against article 14 of the constitution in so far as it empowers the state government to direct any case to be tried by a special court, and as the notifications in question were made under that power, i am bound to hold that the power given in the section and the notifications made under the power so given are ultra vires the article 14 of the constitution and therefore the special court had no jurisdiction to try anwarali sarkar and ..... is a petition by one gajen mali for the issue of a writ of certiorari for quashing certain criminal proceedings now pending against him and others before a special judge appointed under the west bengal special courts act of 1950.11. ..... section 3 of the act empowers the state government, by a notification in the official gazette to constitute special courts of criminal jurisdiction for such areas and to sit at such places as may be specified in the notification and more than one special court may be constituted for the same area or to sit at the ..... section 7 provides that the state government may at any stage of the proceedings before a special court transfer a case to another special court and it is provided that notwithstanding anything to the contrary contained in the code of criminal procedure a special court to which a case is transferred shall not be bound to resummon or rehear any witnesses unless it is satisfied that such a course is necessary in the interests .....

Jagjiwanrao Dayabhai and ors. Vs. the State

Court : Mumbai

Reported in : 1952CriLJ646

..... 180-121-xvh-r dated the 19th january 1951, in exercise of the powers conferred by section 12 of the madhya pradesh public security measures act, 1950, hereafter referred to as the act, constituted a special court of criminal jurisdiction for the akola district. ..... sub-section (1) of section 5 of the west bengal special courts act of 1950 offends against article 14 of the constitution in so far as it empowers the state government to direct any case to be tried by a special court, & as the notification in question were made under that power, i am bound to hold that the power given in the section and the notifications made under the power so given are 'ultra vires' article 14 of the constitution and therefore the special court had no jurisdiction to try anwarali sarkar and the forty ..... in the same case held that the mysore special criminal courts act, 1942, was perfectly valid prior to the commencement of the constitution. ..... the order directing trial under section 4 of the mysore special criminal courts act, 1942, was that the cases against all persons accused of offences committed at that time should be tried by the special judge. ..... section 20 of the central provinces and berar public safety act, 1947, and section 5 of the special criminal courts ordinance ii of 1942. ..... the learned government pleader contends that the terms of section 14 off the act are identical with those of section 5 of the special criminal courts ordinance, 1942 (no. .....

The State of West Bengal Vs. Anwar Ali Sarkar

Court : Supreme Court of India

Reported in : AIR1952SC75; 1952CriLJ510; [1952]1SCR284

..... it is further argued that the differences that have been made in the procedure for criminal trial under the west bengal special courts act, 1950, are of a minor character and there are no substantial grounds upon which discrimination could be ..... section 3 of the act empowers the state government to constitute, by notification, special courts of criminal jurisdiction for such areas and to sit at such places as may be notified ..... if the provision of section 5 of the act is invalid even to the limited extent mentioned above, then also the whole proceedings before the special court which was directed by the state government to try these particular 'cases' must necessarily have been without jurisdiction as has been held by the high court full bench and these appeals would have to ..... thereupon the respondent applied to the high court under article 226 of the constitution for the issue of a writ of certiorari quashing the conviction and sentence on the ground that the special court had no jurisdiction to try the case inasmuch as section 5 (1), under which it was sent to that court for trial, was unconstitutional and void under article 13(2) as it denied to the respondent the equal protection of the laws enjoined ..... therefore, agree with the high court that section 5 (1) of the act in so far as it empowers the state government to direct 'cases' to be tried by a special court offends against the provisions of article 14 and therefore the special court had no jurisdiction to try these 'cases' of .....