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. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... looking to this fact the trial court did not find any need to provide further opportunity to the accused persons to explain the adverse and incriminating circumstances existing in the prosecution evidence, hence no further opportunity was given as required under section 313 code of criminal procedure. ..... the statement given before the trial court at kupwara was accepted the explanation of -4- the accused persons as per provisions of section 313 code of criminal procedure. ..... for convicting the accused persons under the aforesaid provisions, the trial court has relied on the fact that the accused persons were trying to overawe the government of india by criminal force and to bring out hatred and contempt in the people of india and to arouse dissatisfaction in -13- a section of people in india against the government of india established by laws and collected materials and arms for the aforesaid offences. ..... important to mention here that after amendment of charges the prosecution did not choose to adduce any further evidence beyond the evidence already adduced before the trial court at kupwara in state of jammu & kashmir. ..... on 11.7.2011 learned trial court framed amended charges and the same were read over and explained to the accused persons. ..... ) reportable being questioned correctness of the judgment dated 28.4.2012 passed by the court of learned special judge, sc/st (prevention of atrocities) act cases, jodhpur in sessions case no.36/2010, this appeal is before us. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... necessary to amend the indian penal code to provide for deterrent punishment to persons committing such acts and to make consequential amendments to the code of criminal procedure, 1973. . ..... proceedings pertaining to an electronic record, it is permissible provided the following conditions are db cra no.565/2005 & 574/2005 19/23 satisfied: (a) there must be a certificate which identifies the electronic record containing the statement; (b) the certificate must describe the manner in which the electronic record was produced; (c) the certificate must furnish the particulars of the device involved in the production of that record; (d) the certificate must deal with the applicable conditions mentioned under section 65b(2) of the evidence act; and (e) the certificate must be signed by a person occupying a responsible ..... state of tamil nadu reported as 2010 (9) scc567wherein it has been db cra no.565/2005 & 574/2005 21/23 held as under: 55. ..... state of uttar pradesh (2010) 3 scc508 after considering various earlier decisions, this court held as under:- db cra no.565/2005 & 574/2005 6/23 67. ..... state of jammu and kashmir reported as 2010 (9) scc259has held: 23. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... necessary to amend the indian penal code to provide for deterrent punishment to persons committing such acts and to make consequential amendments to the code of criminal procedure, 1973. . ..... proceedings pertaining to an electronic record, it is permissible provided the following conditions are db cra no.565/2005 & 574/2005 19/23 satisfied: (a) there must be a certificate which identifies the electronic record containing the statement; (b) the certificate must describe the manner in which the electronic record was produced; (c) the certificate must furnish the particulars of the device involved in the production of that record; (d) the certificate must deal with the applicable conditions mentioned under section 65b(2) of the evidence act; and (e) the certificate must be signed by a person occupying a responsible ..... state of tamil nadu reported as 2010 (9) scc567wherein it has been db cra no.565/2005 & 574/2005 21/23 held as under: 55. ..... state of uttar pradesh (2010) 3 scc508 after considering various earlier decisions, this court held as under:- db cra no.565/2005 & 574/2005 6/23 67. ..... state of jammu and kashmir reported as 2010 (9) scc259has held: 23. .....
Tag this Judgment!Court : Rajasthan Jodhpur
1 in the high court of judicature for rajasthan at jodhpur. answer to the reference in db criminal misc. ivth bail application no.1111/2013 in sb criminal appeal no.517/2010 daulat singh @ gatu versus state of rajasthan date of judgment ::22. d april, 2014 hon'ble mr.justice govind mathur hon'ble mr.justice atul kumar jain mr. m.l.bishnoi, for the applicants-appellants. mr. j.p.s. choudhary, public prosecutor, for the state. .... by the court : (per hon'ble govind mathur,j.) reportable arriving at the conclusion that the law laid down by hon'ble the supreme court in the case of union of india v. rattan mallik alias habul, reported in (2009)2 scc624 is running contrary to its earlier judgment in mansingh v. union of india, reported in (2004)13 scc42 a single bench of this court has sought guidance from the larger bench as to which one principle of law from among the two cases aforesaid should be adhered while examining the application seeking release on bail/suspension of sentence in the matters where the conviction is recorded for the offence under the narcotic drugs and psychotropic substances act, 1985 (hereinafter referred to as the act of 1985 .). 2 the discussions made by learned single bench while making reference to the larger bench read as under:- ! $ 2009 air scw3648(union of india vs. rattan malik @ habul) 37 , 1985 . * , 1 4 - 1 dadu alias tulsidas vs. state of maharashtra ([2000].8 scc437 : : <
Tag this Judgment!Court : Rajasthan Jodhpur
..... 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. ..... subject to the other provisions of this act and the rules, the provisions of the code of civil procedure, 1908(5 of 1908) and of any other law for the time being in force shall apply to the suits and proceedings other than the proceedings under chapter ix of the code of criminal procedure, 1973 (2 of 1974) before a family court and for the purposes of the said provisions of the code, a family court shall be deemed to be a civil court and shall have all the powers of ..... sub-section (2) (a) of section 7 of the act of 1984, being directly relevant, is reproduced as under:- (2) subject to the other provisions of this act, a family court shall also have and exercise- (a) the jurisdiction exercisable by a magistrate of the first class under chapter ix (relating to order for maintenance of wife, children and parents) of the code of criminal procedure, 1973 (2 of 1974); and per clause (b) of section 8 of the act of 1984, the jurisdiction and powers of the magistrate under chapter ix of the code have been excluded in relation to an area wherefor a family .....
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..... (h) amend sections 54-a, 154, 160, 161, 164, 198-b, 273, 309 and 327 of the code of criminal procedure, 1973 for providing for women friendly procedures; greater sensitivity to the requirement of physically and mentally disabled persons, under- aged children and old persons in the course of investigation and trial; for speedy trial of rape cases, and better recording of evidence. 5/43 s.b. cr. ..... we wish to issue a note of caution to the trial court dealing with sessions case to ensure that there are well settled procedures laid down under the code of criminal procedure as regards the manner in which the trial should be conducted in sessions cases in order to ensure dispensation of justice without providing any scope for unscrupulous elements to meddle with the course of justice to achieve some unlawful advantage. ..... the high court considers it necessary to draw the attention of all the sessions judges and assistant sessions judges once again to the following provisions of the code of criminal procedure, 1973, criminal rules of practice, kerala, 1982 and circulars and instructions on the list system issued 9/43 s.b. cr. ..... the criminal law (amendment) bill, 2103 seeks to amend the indian penal code, 1860, the criminal procedure code, 1973, the indian evidence act, 1872 and the protection of children from sexual offences act, 2012. ..... the scheme revised on 15th april, 2010 has noticed the necessity of providing interim compensation to the victim of rape. 40/43 s.b. cr. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... (h) amend sections 54-a, 154, 160, 161, 164, 198-b, 273, 309 and 327 of the code of criminal procedure, 1973 for providing for women friendly procedures; greater sensitivity to the requirement of physically and mentally disabled persons, under- aged children and old persons in the course of investigation and trial; for speedy trial of rape cases, and better recording of evidence. 5/43 s.b. cr. ..... we wish to issue a note of caution to the trial court dealing with sessions case to ensure that there are well settled procedures laid down under the code of criminal procedure as regards the manner in which the trial should be conducted in sessions cases in order to ensure dispensation of justice without providing any scope for unscrupulous elements to meddle with the course of justice to achieve some unlawful advantage. ..... the high court considers it necessary to draw the attention of all the sessions judges and assistant sessions judges once again to the following provisions of the code of criminal procedure, 1973, criminal rules of practice, kerala, 1982 and circulars and instructions on the list system issued 9/43 s.b. cr. ..... the criminal law (amendment) bill, 2103 seeks to amend the indian penal code, 1860, the criminal procedure code, 1973, the indian evidence act, 1872 and the protection of children from sexual offences act, 2012. ..... the scheme revised on 15th april, 2010 has noticed the necessity of providing interim compensation to the victim of rape. 40/43 s.b. cr. .....
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..... the prosecution has tried to support process of remand as envisaged under section 167 of the code of criminal procedure (for short 'the crpc') and process of extension of period of investigation, as provided under section 43d(2)(b) of the uap act ..... (3) the jurisdiction conferred by this act on a special court shall, until a special court is constituted by the state government under sub-section (1) in the case of any offence punishable under this act, notwithstanding anything contained in the code, be exercised by the court of session of the division in which such offence has been committed and it shall have all the powers and follow the procedure provided under this ..... the word court has been defined under sub-section (d) of section 2 of the uap act, 1967 and means a criminal court having jurisdiction under the code to try the case and includes a special court thus whenever extension of period of investigation is required beyond 90 days, it can be by the special court or ..... (3) notwithstanding anything contained in the code, an offence under sub-section (2) shall be tried as a summary case and the procedure prescribed in chapter xxi of the said code [except sub-section (2) of section 262] shall be ..... it is submitted that the nia act, 2008 and the unlawful activities (prevention) amendment act, 2008 were enacted by parliament on ..... the judgment of the kerala high court in the case of ashruff versus state of kerala , bail application no.5134/2010, decided on 22.10.2010 has also been .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... the cost is not filed within the time as directed, the amount of cost shall be realised from the appellants as fine under the provisions of the code of criminal procedure ..... the factor attracting applicability of restitution is not the act of the court being wrongful or a mistake or error committed by the court; the test is whether on account of an act of the party persuading the court to pass an order held at the end as not sustainable, has resulted in one party gaining an advantage which it would not have otherwise earned, or the other party has suffered an impoverishment which it would not have suffered but for the order of the court and the act ..... the injury, if any, caused by the act of the court shall be undone and the gain which the party would have earned unless it was interdicted by the order of the court would be restored to or conferred on the party by suitably commanding the ..... the impugned clause (vi) in the amended licence, which made it obligatory for oswal agro to export its entire quantity of edible rice bran oil, had been quashed even then for the purposes of removing the oil from the bonded warehouse for sale in the ..... true that co-ordinate bench of this court passed an order on 07.04.2014 in which, certain observations are made with regard to conduct of the petitioner association but upon raising objection by the respondents counsel, i deem it appropriate to hear this matter finally because this writ petition is pending since 2011, therefore, list this matter on ..... 2010 ..... 2010 .....
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