Court : Delhi
..... 1950 was promulgated which specified in its schedule the deemed scheduled castes with respect to each state. section 3 of the scheduled castes and scheduled tribes orders (amendment) act, 1976 introduced an altogether new schedule to replace the earlier one wherein the crl.a. 129/2012 & connected matters page 75 of 209 scheduled castes in the ..... to contradiction 147. in its decision in c. muniappan v. state of tamil nadu (supra), the supreme court observed: 71. it is settled proposition of law that even if there are some omissions, contradictions and discrepancies, the entire evidence cannot be disregarded. after exercising care and caution and sifting through the evidence to ..... trite to say that the substantive evidence is the evidence of identification in court. apart from the clear provisions of section 9 of the evidence act, the position in law is well settled by a catena of decisions of this court. the facts, which establish the identity of the accused persons, are relevant under .....
Tag this Judgment!Court : Delhi
..... of delhi, crl. a. no.1079/2010 decided on 11.12.2013. in this decision, the division bench referred to section 376 ipc pre-amended (the amendment having been brought into force by act 13/2013 with effect from 03.02.2013). the division bench observed that the legislative intent was to impose the punishment of imprisonment for life in ..... status, religion, race, caste or creed of the accused or the victim are irrelevant considerations in sentencing policy. protection of society and deterring the criminal is the avowed object of law and that is required .13. reference was also made to a division bench judgment of this court in khem chand v. state of delhi, ilr (2008) supp. (5 ..... for a period of 10 years while maintaining the conviction of the appellant.15. mr. katyal, the learned app submits by reference to section 375 ipc that several acts constitute rape, and penetration of the penis into the vagina of the prosecutrix is the most severe form of rape. thus, he submits that the sentence of the .....
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..... in the submission of the counsel, even otherwise, have since been dismissed.7. chapter xix-a captioned as settlement of cases was inserted in the income tax act, 1961 by taxation laws (amendment) act, 1975, w.e.f. 01.04.1976. section 245-b confers upon the central government, the power to constitute the income tax settlement commission for the settlement ..... the criminal complaint against the petitioner and other accused on 27.01.2015 by authorities other than the settlement commission, were in the nature of such acts as were not authorized by law. crl. m.c. no.4666/2015 page 6 of 11 12. the submissions of the petitioner founded essentially on the principle of immunity are mis ..... proceedings in the criminal case against the petitioner on the ground that it is an abuse of the process of law.5. the prime argument raised is with reference to the provision contained in section 245-d of income tax act, 1961. it is submitted that the petitioner, and certain others (including m/s amq agro india pvt. .....
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..... courts below is possible, there is no perversity; (f) inadequacy of evidence or a different reading of evidence is not perversity; (g) code of civil procedure (amendment) act, 1976 introduced a definite restriction on the exercise of jurisdiction in a second appeal; (h) where it is found that findings stand vitiated on wrong test and ..... 51. applying the aforesaid parameters, the arguments aforesaid of the counsel for the appellant/defendant qua the rate of mesne profits, do not raise any substantial question of law. the suit court in this regard has reasoned, (i) that pw2 deposed that vijaya bank had taken basement of property bearing no.2/10, daryaganj, measuring ..... mehta and sons, ltd. vs. century spinning and manufacturing co., ltd. air1962sc1314and kashmir singh vs. harnam singh (2008) 12 scc796 constitutes a substantial question of law.40. that brings me to the contention of the counsel for the appellant/defendant on which notice was issued i.e. of the first appellate court having erred .....
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..... there has been no appearance on behalf of the respondents, we make no orders for costs." (emphasis supplied) 16. section 292b was introduced by taxation laws (amendment) act, 1975 with effect from 1st october, 1975. the object and purpose of introducing the said section as explained in commissioner of income tax ita ..... has been enacted to curtail and negate technical pleas due to any defect, mistake or omission in a notice/summons/return. the provision was enacted by tax laws (amendment) act, 1975 with effect from 1st october, 1975. it has a salutary purpose and ensures that technical objections, without substance and when there is effective compliance or ..... same time, the said high court also held that illustration to section 537 of the old act, viz., "the magistrate being required by law to sign a document signs it by initials only." this illustration has been omitted in the amended act. according to the court, the omission indicates that the legislature the initialling of the order .....
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..... substantive provision to deal therewith, in clause (f) of section 376 (2) of the ipc [as it stood prior to its amendment with effect from 3rd february, 2013 vide section 9 of the criminal law (amendment) act, 2013].. child rape is the ultimate indicator of the reality, often unnoticed, that rape is an offence less of passion and more ..... as the evidence of various witnesses, and having heard arguments advanced by learned counsel before him, the learned asj proceeded to reason as under: (i) it was settled, in law, that, in cases of rape, the testimony of the prosecutrix was, by itself, sufficient to sustain conviction, where the testimony was clear, cogent, consistent and convincing, as ..... on a mattress which was already kept there. the mattress is not ours; must be of the accused. after doing wrong acts (ganda kaam), the accused wiped the blood from the roof using his sister-in-law s (bhabhi s) blouse and i can identify both of them if they are presented before me. the blood-stained mattress .....
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..... of section 375 and 376 of the ipc was, till the substitution of section 375 of the ipc, with effect from 3rd february, 2013, by section 9 of the criminal law (amendment) act, 2013, sixteen, not eighteen. suggestive though it may be, the evidence before us does not allow us to enter any positive finding, to the effect that a rape had ..... that a prosecutrix complaining 12. of having been a victim of the offence of rape is not an accomplice after the crime. there is no rule of law that her testimony cannot be acted upon without corroboration in material particulars. she stands at a higher pedestal than an injured witness. in the latter case, there is injury on the physical form ..... thus: 20. protection in respect of conviction for offences.-. no person shall be convicted of any offence (1) except for violation of the law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than that which might crl.a. 627/2014 page 35 of 66 have been .....
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..... been accused of the charge of conspiracy no case for conviction under section 419 ipc is made out.10. learned counsel for the cbi submits that by the anti-corruption laws (amendments) act, 1964 the words in discharge of his duties were omitted from section 5(a) in sub-section (1)(i) and in the clause (d) the word or ..... noted that the bill was intended to make the existing anti-corruption laws more effective by widening their ambit and strengthening the provisions. the effect of introduction of the new act and amendment to section 5(1)(d) pc act, 1947 was considered by the andhra pradesh high court in b. parameswaran (supra) which is the right interpretation and no ..... the words in discharge of his officials duties which gave a restricted meaning to the provisions of section 13 (1)(d) of the pc act. pursuant to the amendment, it is not necessary that the act committed by the officer should be in discharge of his official duty, however, the fact crl.a. 1177/2016 page 23 of 29 remains .....
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..... interpreted to include within the provisions of section 375 ipc. on the basis of the observations of the supreme court in sakshi v. union of india, the criminal law (amendment) bill 2000 has been prepared, which is pending consideration before the parliament. thus, the trial court rightly concluded that there was insufficient evidence to find that the ..... in virender v. state of delhi (supra), this court observed as under: commission of an offence under section 376 certainly requires some evidence with regard to the acts which were committed by an accused person to establish the ingredients of the offence. the statement which has been recorded in court does not at all enable any conclusion ..... the deposition of pw-1 and her description of the offence. he contended that her examination in court revealed that she did not actually understand what constituted the act of rape. he pointed to the fact that the absence of injury on the male genital area of a-2 rendered the version of pw-1 highly .....
Tag this Judgment!Court : Delhi
..... interpreted to include within the provisions of section 375 ipc. on the basis of the observations of the supreme court in sakshi v. union of india, the criminal law (amendment) bill 2000 has been prepared, which is pending consideration before the parliament. thus, the trial court rightly concluded that there was insufficient evidence to find that the ..... in virender v. state of delhi (supra), this court observed as under: commission of an offence under section 376 certainly requires some evidence with regard to the acts which were committed by an accused person to establish the ingredients of the offence. the statement which has been recorded in court does not at all enable any conclusion ..... the deposition of pw-1 and her description of the offence. he contended that her examination in court revealed that she did not actually understand what constituted the act of rape. he pointed to the fact that the absence of injury on the male genital area of a-2 rendered the version of pw-1 highly .....
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