Judgment Search Results Home > Cases Phrase: the code of criminal procedure amendment act 2010 Page 1 of about 7,061 results (0.230 seconds)

1.Soundararajan Vs. State Through the Inspector of Police,

Court : Chennai

..... 3.when the offence ultimately stood proved was not compoundable on the date of judgment and if it remained compoundable on the date of the offence, whether the compounding may be permitted (in respect of the offence under section 324 ipc) after the coming into force of the code of criminal procedure (amendment) act, 2005 (act 25 of 2005) which was notified on 31.12.2009? ..... 36.the offence under section 324 ipc was compoundable with permission of the court till the coming into force of the code of criminal procedure (amendment) act, 2005 (act 25 of 2005).act 25 of 2005 brought in amendment to the table appended to sub-section (2) of section 320 of cr.p.c so as to make the offence under section 324 ipc non- ..... of gujarat and others reported in (2010) 6 scc688to canvass the position that the said offence being one committed on 25.05.1999, when the offence under section 324 ipc was compoundable, can still be compounded with the permission of the court. ..... of 2008 and 65 of 2010 1.soundararajan 2.palanivel 3.ramesh 4.anbalagan 5.ayyakkannu 6.rengaraj 7.palanimanickam ..petitioners in crl.rc(md)no.98 of 2008 1.p.rengaraj 2.p.palani manickam ..petitioners in crl.rc(md)no.313 of 2008 ayyakkannu ..petitioner in crl.rc(md)no.65 of 2010 -versus state through the inspector of police, kandarvakottai taluk, pudukottai district..respondent in all the crl.rcs. ..... state of gujarat and others reported in (2010) 6 scc688 which reads as under: ..... of 2010 ^for respondent in : mr.l.murugan, all the crl.r.cs .....

High Court of Punjab and Haryana at Vs. M/S. Atma Tube Products Ltd. a ...

Court : Punjab and Haryana

..... save in the manner as permitted by section 378, no appeal could lie against an order of acquittal in view of the express embargo created by section 372 according to which no appeal shall lie from any judgement or order of a criminal court except as provided for by this code or by any other law for the time being in force .the code of criminal procedure (amendment) act, 2005:2005. ..... (14).before we proceed further, let there be a special reference to those decisions of the hon ble supreme court which built up the victim s right brick by brick, revolutionalised the conventional criminal justice system and sensitized its stakeholders.notwithstanding the fact crm-790-ma-2010 final - 11 - that statutory initiatives through the desired amendments in the code of criminal procedure, 1973 (in short, the code ) were still illusory. ..... at the hands of another person who has been charged as an accused, is the victim within the meaning of section 2(wa).similarly, if as a result of the aggravated form of victimization, such victim of firs.part does not survive, the second part of the definition of victim as defined in section 2(wa) of the code substitutes the firs.part and crm-790-ma-2010 final - 31 - becomes operative whereupon the guardian (if such victim was a minot or of unsound mind) or the legal heirs of the deceased victim, as the case may be, step-in for the victims for the varied purposes under the code. .....

Present: Mr.Gautam Dutt Advocate Vs. State of Haryana and Another

Court : Punjab and Haryana

..... 10.section 202 crpc was amended by the code of criminal procedure (amendment) act, 2005 and the following words were inserted; "and shall, in a case where the accused is residing at a place beyond the area in which he exercises his jurisdiction. ..... section 202 crpc is, therefore, limited to the ascertainment of truth or falsehood of the allegations made in the complaint: devi anita i)on the materials placed by the complainant before 2013.08.26 17:31 i attest to the accuracy and integrity of this document chandigarh crl.misc.not m-7504 of 2010 (o&m) 4 the court; ii) for the limited purpose of finding out whether a prima facie case for issue of process has been made out; and iii)for deciding the question purely from the point of view of the complainant without at all adverting to any ..... arising therefrom including the summoning order dated 8.1.2010 (annexure p-7).learned counsel for the petitioner, during the cours.of arguments, has restricted his prayer, at this stage, that the summoning order had been passed in violation of the mandatory provisions of section 202 cr.p.c.learned counsel has submitted devi anita 2013.08.26 17:31 i attest to the accuracy and integrity of this document chandigarh crl.misc.not m-7504 of 2010 (o&m) 2 that the accused were residing outside the jurisdiction of the trial court, hence, the trial court .....

Bineesh Vs. State of Kerala

Court : Kerala

Reported in : 2012(3)KLT51; 2012(2)KHC876; 2012(3)ILR(Ker)57; 2012(3)KLJ94

..... paragraph 5 extracted above would reveal that the hon'ble apex court found that after the coming into force of the code of criminal procedure (amendment) act, 2005 from 23.6.2006 the offence under section 324 ipc was made non-compoundable ..... as the code of criminal procedure (amendment) act, 2005 is not applicable to the facts of the case, the offence under section 324 ipc would be compoundable with the permission of the court." 7 ..... this court finds that after coming into force of the code of criminal procedure (amendment) act, 2005 from 23.6.2006 the offence under section 324 ipc is made non-compoundable. ..... the question is whether the said petition for permission to compound the offence under section 324 ipc is allowable after the coming into force of the code of criminal procedure (amendment) act, 2005 (act 25 of 2005) from 31.12.2009 ..... in fact, the code of criminal procedure (amendment) act, 2005, (act 25 of 2005) itself makes it clear that the amendments made thereunder would take effect only from the date of notification ..... , offence under section 324 ipc was compoundable with permission of the court till the coming into force of the code of criminal procedure (amendment) act, 2005 (act 25 of 2005). ..... state of gujarat and others ((2010) 6 scc 688) to canvass the position that the said offence being one committed when the offence under section 324 ipc was compoundable, can still be compounded with the permission of the court. ..... that case was decided by the hon'ble apex court on 9.4.2010. 5. .....

Sharafudeen Vs. The State Of Kerala

Court : Kerala

..... the amendment in question was through the code of criminal procedure (amendment) act, 2008 and the same came into force on 31.12.2009. ..... subsequently, as per criminal procedure (amendment) act, 2008, which has come into force on 31.12.2009, the offence of theft under section 379 ipc is made compoundable irrespective of the value of the subject matter, and the owner of the property stolen has been given the power to compound the offence. ..... when it has not been specified in the amendment act that the said amendment has only prospective operation, it has got retrospective operation. ..... nowhere in the amendment act, it is specified that the said amendment has only prospective operation. ..... by stating that the amendment was through criminal procedure (amendment) act, 2010 and the same was with effect from 31.12.2009. ..... being an amendment to the procedural law, normally it relates back and it has retrospective operation, unless it is clearly specified that it has prospective operation only. 5. ..... based on the amendment, the petitioner along with the defacto complainant filed an application seeking permission to compound the offence as c.m.p.no.6464 of 2015 before the court below. 3. .....

Delhi High Court Legal Services Committee Vs. Uoi and anr.

Court : Delhi

..... . section 4 - juvenile justice board (1) notwithstanding anything contained in the code of criminal procedure, 1973 ( 2 of 1974), the state government may,1[within a period of one year from the date of commencement of the juvenile justice (care and protection of children) amendment act, 2006, by notification in the official gazette, constitute for every district,] ..... objects and reasons of the amendment act 33 of 2006 manifests the legislative intent and inter alia include the following : (ii) to clarify that the juvenile justice act shall apply to all cases involving detention or criminal prosecution of juveniles under any other law; crl rev.no.443/2009 & crl.m.a.no.3071/2010 33 xxx xxx xxx (iv) exclusion of the local authorities from the provisions authorising them to discharge or transfer a child in need of care and protection or a juvenile from the children's home or special home or for sending a juvenile in ..... if the answer to the first question is that the jj act is to prevail, then whether the children rescued in a raid conducted under section 15 and 16 of crl rev.no.443/2009 & crl.m.a.no.3071/2010 13 the it act are to treated as juveniles in conflict with law and the requirements of section 7 of jj act have to be complied with as well as the inquiry is to be conducted by the jjb under section 14 or whether the children are to be treated as children in need of care and protection and the inquiry as required to be conducted by the cwc under section 33 of the jj act, 2000. .....

Smt Champa and ors Vs. Roop Lal

Court : Rajasthan Jodhpur

..... (2) no appeal shall lie from a decree or order passed by the family court with the consent of the parties [or from an order passed under chapter ix of the code of criminal procedure, 1973 (2 of 1974): provided that nothing in this sub- section shall apply to any appeal pending before a high court or any order passed under chapter ix of the code of criminal procedure 1973 (2 of 1974) before the commencement of the family courts (amendment) act, 1991]. ..... 177/2010 5 criminal procedure, 1973 (2 of 1974) or in any other law, an appeal shall lie from every judgment or order, not being an interlocutory order, of a family court to the high court both on facts and on law. ..... 177/2010 8 memorandum of appeal or cross-objection or an application for exparte interim order; (ii) a civil appeal; (iii) an execution appeal; (iv) a civil revision; (v) a suit or proceeding in the nature of a suit coming before the court in the exercise of its original or extraordinary original civil, testamentary or matrimonial jurisdiction including a proceeding under the indian trusts act, 1882 (act no. .....

Union of India Vs. Ashok Kumar Sharma

Court : Supreme Court of India

..... section 41 of the crpc, vide the code of criminal procedure (amendment) act, 2008 (act 5 of 2009, section5) (w.e.f. ..... the delhi high court after referring various provisions on the mmdr act vis- -vis the code of criminal procedure disposed of the application directing the respondent to amend the fir, which was registered, by converting the offence mentioned therein under sections 379/411/120-b/34 ipc to section 21 of the mmdr act. ..... after giving our thoughtful consideration in the matter, in the light of the relevant provisions of the act vis- -vis the code of criminal procedure and the penal code, we are of the definite opinion that the ingredients constituting the offence under the mmdr act and the ingredients of dishonestly removing sand and gravel from the riverbeds without consent, which is the property of the state, is a distinct offence under ipc. ..... by act 41 of 2010, sec.2 (w.e.f. ..... 01.11.2010, provides for issuance of notice by the police officer in all the cases covered by sub-section (1) of section 41 of the crpc, where the arrest of a person is not required, to appear before him. ..... 01-11-2010), deals with the power of the police officer to arrest without warrant. .....

W.M.M. Kumarihami and Others Vs. Galagamage Indrawansa Kumarasiri and ...

Court : Sri Lanka Supreme Court

..... 21 of 1988 (hereinafter referred to as the code of criminal procedure) and his lordship justice asoka de silva, the chief justice at the time, by order dated 15.06.2010 appointed three judges of the high court to try the accused for offences set out in the information previously exhibited. ..... in this regard, the court notes that the attorney general, by his letter dated 24.05.2009 addressed to the registrar of the high court of colombo, exhibited information against all four accused under section 450(4) of the code of criminal procedure act no. ..... the bribery commissioner (1991) (1 slr 76) to support this argument, where it was stated that the failure to frame a charge under section 182 (1) is a violation of a fundamental principle and is not a defect curable under section 436 of the code of criminal procedure act no. ..... however, even if it could be determined that they were unaware of their actions, court makes reference to section 78 of the penal code which states the following: nothing is an offence which is done by a person who, at the time of doing it, is, by reason of intoxication incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law: provided that the thing which intoxicated him was administered to him without his knowledge or against his will.? ..... 15 of 1979 as amended by act no. .....

Nobbey, and anr. Vs. State of Kerala, and ors.

Court : Kerala

..... petition is filed under section 482 of code of criminal procedure to quash the proceedings initiated on annexure-c fir, except to the extent of the proceedings under section 63 of abkari act. ..... a direction was sought against the third respondent to compound the offence as provided under section 67 a of abkari act introduced by kerala abkari (amendment) act 3 of 2010, contending that indian made foreign liquor was purchased from kerala state beverages corporation and were being taken to his residence for a function and no offence as alleged was committed except an offence under section 63 of abkari act. 2. ..... therefore, section 67 a which was inserted by abkari (amendment) act 3 of 2010 came into force w.e.f. ..... as rightly pointed out by the learned senior counsel, by abkari (amendment) act 3 of 2010, repealing abkari amendment ordinance 6 of 2010, section 67 a was inserted to the principal act by section 12. ..... under sub section 2 of section 1, the amending act shall deemed to have come into force on 30/3/1996 and the remaining provisions shall be deemed to have come into force on 7/12/2009. ..... petitioners are the accused in crime no.411/2010 of karimkunnam police station registered under annexure-c fir for the offence under section 55(a) of abkari act. ..... as per letter dated 19/11/2010, shop-in-charge of ksbc certified that all the bottles of liquor specified in the letter were sold by them as shown in ext.r1(a) communication and bills issued by ksbc were not produced by the petitioners. 4. .....