Court : Gujarat
Reported in : (2000)4GLR700
..... reported in : [1993]1scr832 where the court considered provisions of section 45-s(1) as introduced by banking laws (amendment) act,1983. ..... india (supra) is notapplicable in this case because in that case the supremecourt was considering the banking companies act and theprovisions of the said act and the provisions of thereserve bank of india act are quite different.10.1 the learned counsel for the respondent has alsorelied on the decision of the kerala high court in thecase of brunton and company engineers ltd. ..... in para 8 of the judgement, the courtobserved as under:-'the court must always remember that `legislation is directed to practical problems, that the economic mechanism is highly sensitive and complex, that may problems are singular and contingent, that laws are not abstract propositions and do not relate to abstract units and are not to be measured by abstract symmetry' that exact wisdom and nice adaption of remedy are not always ..... capital 983.40 983.40reserves & surplus 95.00 95.00total (owned fund) 1078.60 1078.40accumulated loss 184.75 287.57owned funds (net) 893.65 790.83total assets 3666.25 3424.17total outside liabilities 2581.50 2442.12pre-tax profit/(loss) 187.89 102.82----------------------------------------------------------------2.3 it was further stated that the reserve bank ofindia had issued show cause notice dated 6.9.1999 to thecompany as to why the certificate of registration issuedto the company under section 45ia should not becancelled. .....
Tag this Judgment!Court : Kerala
Reported in : (2000)ILLJ1268Ker
..... the said section has been enacted by the criminal law (second amendment) act, 1983 with effect from december 25, 1983 in order to combat the menace of dowry deaths. ..... , speaking for the bench, observed that an offence under section 138 of the act need not necessarily take within its wings the offence of cheating as defined in section 415 of the ipc and that a cause of action for criminal prosecution under section 138 of the negotiable instruments act will arise not on the date of issuance of the cheque, but only when the drawer of the cheque fails to pay the amount within the statutory period after he is called upon by the payee through a notice. ..... chattappan (supra) dealing with section 12 of the probation of offenders act the supreme court observed as follows:'the words 'attaching to a conviction of an offence under such law' in section 12 refer to two contingencies: (i) that there must be a disqualification resulting from a conviction; and (ii) that such disqualification must be provided by some law other than the probation of offenders act. ..... in conclusion he has held that as the act of issuing a cheque without sufficient funds was not generally regarded as morally wrong or corrupt, the bench was fortified in their view that an offence under section 138 of the negotiable instruments act would not normally involve moral turpitude. ..... that was a case of a person convicted of an offence under the kerala gaming act, 1960. ..... state of kerala 1991 (1) klt 153 wherein, thomas, j. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT1991(5)SC301; 1991(2)SCALE1142; 1993Supp(233)SCC1; [1991]Supp3SCR30
..... member, owning or holding more than six acres in extent of lands and every other person (other than a bank) owning or holding more than twelve acres in extent of land shall, within a period of seventy-five days from the commencement of the kerala land reforms (amendment) act, 1972, file a statement before the land board intimating the location, extent and such other particulars as may be prescribed, of all lands (including lands exempted under section 81 owned or held by such family or person ..... .18. the decision on the said question one way or the other would have bearing on the other submission made by learned counsel for the appellant that the impartible nature of the property in suit came to an end on the commencement of the hindu succession act, 1956 and at all events on the commencement of the kerala joint hindu family system (abolition) act, ..... no. 1 and the items of jewellery in his custody, the trial court has held that there was nothing on the record to show that they had been acquired with tarwad funds or that the tarwad had any interest in the ..... no. 534 of 1983 filed by the appellant deserves to be ..... no. 535 of 1983 filed by defendants ..... 536 of 1983 was preferred by defendant no. 12. ..... 534 of 1983 whereas defendant nos. ..... 534 of 1983 instituted original suit no. ..... 535 of 1983. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1997(2)ALD(Cri)490; 1997(45)BLJR1644; JT1997(8)SC43; 1997(6)SCALE80; (1997)8SCC386
..... and evidence act were amended by the criminal laws (amendment) act, 1983. ..... decided by this court after the amending act of 1983.30. ..... it was mentioned that the changes proposed in the bill had been formulated principally on the basis of the following considerations:(1) the law should be made more stringent without jeopardizing considerations of fair trial; (2) the definition of rape should be amended to remove certain loopholes and inadequacies and to ensure that consent should be vitiated unless it is real and given out of free choice; (3) minimum punishments for rape should be prescribed; (4) the prosecutrix should be protected from the glare of embarrassing publicity during the investigatory as well as trial ..... gurmit singh and others : 1996crilj1728 which was an appeal under section 14 of the terrorist affected areas (special courts) act, 1984 against the judgment of the additional judge, special court, ludhiana dated june 1, 1985 acquitting the respondents of the charges of abduction and rape, the court set aside the acquittal and convicted the respondents for offences under sections 363/366/368 and 376 ipc. ..... was also incorporated in the code by an amendment only with effect from december 1983 after the offence in the present case had been committed.31. ..... in 1983, law was amended prescribing more severe punishments for the perpetrators of the crimes of rape and other sexual offences.27. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1994P& H47
..... in this case a petition had been filed challenging the constitutional validity of the code of criminal procedure (punjab amendment) act, 1983. ..... it was in this cntext that their lordships of the full bench held that the state 'having separated the judiciary from the executive and having achieved the directive principle as embodied in article 50, the law now enacted for the trial of certain offences by the executive magistrates is neither fair nor just nor reasonable, with the result that the provisions of section 4 of the amendment act empowering an executive magistrate, to the exclusion of any other magistrate, to take cognizance of and to try and dispose of cases relating to specified offences are ..... ultra vires of article 21 of the constitution and are ..... these provisions of the amendment act were challenged as infringing the righ to liberty of the citizens guaranteed under article 21 of the constitution of india. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2002SC2078; 2002(1)ALT(Cri)360; (2002)3BOMLR604; 2002CriLJ2814; 2002(2)Crimes360(SC); I(2002)DMC780SC; JT2002(4)SC357; 2002MPLJ5(SC); RLW2002(4)SC542; 2002(4)SCALE44; (2
..... before, however, adverting to the factual score, it is to be noticed at this juncture that section 498(a) has been engrafted onto the statute book by way of a separate chapter in terms of the provisions of criminal law (second amendment) act, 1983 (act 46 of 1983). ..... if suicide is ruled out then in that event applicability of section 498a can be had only in terms of explanation (b) thereto which in no uncertain terms records harassment of the woman and the statute itself thereafter clarifies it to the effect that it is not every such harassment but only in the event of such a harassment being with a view to coerce her or any person related to her to meet any unlawful demand for anyproperty or valuable security or is on account of failure by her or any person related to her ..... the above amendment stands incorporated by reason of present trend in the society and to meet the requirement of the society, the legislature thought it fit to incorporate a new chapterbeing chapter xxa in the statute book consisting of section 498(a)in the indian penal code. ..... in any event the willful act or conduct ought to be the proximate cause in order to bring home the charge under section 498a and not de-hors the same. ..... the legislative intent is clear enough to indicate in particular reference to explanation (b) that there shall have to be a series of acts in order to be a harassment within the meaning of explanation (b). .....
Tag this Judgment!Court : Orissa
Reported in : 2000CriLJ785
..... than three fire-arms :provided that a person who has in his possession more fire-arms than three at the commencement of the arms (amendment) act, 1983, may retain with him any three of such fire-arms and shall deposit, within ninety days from such commencement the remaining fire-arms with the officer-in-charge of the nearest police station or, subject to the conditions prescribed for the purpose of sub-section (1) of section 21, with a licensed dealer or, where such person is member ..... for sale, transfer, conversion, repair, test or proof, any fire-arm or any other arms, of such class or description as may be prescribed or any ammunition, unless he holds in this behalf a licence issued in accordance with the provision of this act and the rules made thereunder :(2) notwithstanding anything contained in sub-section (1), a person may without holdinga licence in this behalf, sell or transfer any arms or ammunition which he lawfully possesses for his own private use to another ..... person who is entitled by virtue of this act, or any other law for the time being in force to have, or is not prohibited by this act or such other law from having in his possession such arms or ammunition :provided that no fire-arm or ammunition in respect of which a licence is required under section 3 and no arms in respect .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1989SC1661; 1989(2)Crimes612(SC); JT1989(3)SC1; 1989(1)SCALE1076; 1989Supp(2)SCC680; [1989]2SCR612
..... section 113a evidence act and 498a indian penal code have been introduced in the respective enactments by the criminal law (second amendment) act, 1983 (act 46 of 1983) and section 113b of the evidence act and 304b indian penal code have been introduced by act no. ..... , it is clear that the accused prior to the commission of the suicide by veena rani, had constantly committed certain acts and that has facilitated the commission of suicide and thus he had aided in the committing of that said act by veena rani.a few lines below the sessions judge has given his finding as under:the question of abetment actually depends upon the nature of the act abetted and the manner in which the abetment was made. ..... committed suicide by reason of the accused's instigation.11 the accused preferred an appeal to the high court and a learned single judge of the high court has acquitted the accused holding that even though veena rani had committed suicide on account of her unhappy married life 'there is nothing on the record to show that the appellant in any manner instigated the deceased to commit suicide,' aggrieved by the judgment of the high court the father of veena rani and the state have preferred the two appeals under consideration.12. ..... veena rani had no funds of her own because she had been on leave on loss of pay for several months and had joined duty at the bank only on 13.8.1975. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2009(11)SC47; 2009(11)SCALE327; (2010)14SCC641; 2010AIRSCW2574; 2011(3)SCC(Cri)867
..... a person who has in his possession more firearms than three at the commencement of the arms (amendment) act, 1983, may retain with him any three of such firearms and shall deposit, within ninety days from such commencement, the remaining firearms with the officer in charge of the nearest police station, or subject to the conditions prescribed for the purposes of sub-section (1) of section 21, with a licensed dealer or, where such person is a member of the armed forces of the union, in a unit armoury referred to in that sub-section. ..... if we analyse section 15, the words which have been added by the amending act, 1993 have to be given proper meaning and if we accept the argument of mr. ..... or ammunition, fails, on being required to do so by rules made under section 44, to maintain a record or account or to make therein all such entries as are required by such rules or intentionally makes a false entry therein or prevents or obstructs the inspection of such record or account of the making of copies of entries therefrom or prevents or obstructs the entry into any premises or other place where arms or ammunition are or is manufactured or kept or intentionally fails to exhibit or conceals such arms or ammunition or refuses to point out where ..... he also stated that he had been receiving funds from chhota shakeel and had been arrested on three different occasions. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : I(1993)BC564(SC); [1993]77CompCas197(SC); JT1993(1)SC580; (1993)2MLJ90(SC); 1993(1)SCALE586; (1993)2SCC582; [1993]1SCR832
..... bench of the high court of delhi in kanta mehta's case (supra) held:section 45s read with section 58b(5a) of chapter iii-c of the reserve bank of india act, 1934, as introduced by section 10 of the banking laws (amendment) act, 1983, is not violative of articles 14 and 19 of the constitution. ..... these are added to the complexity of economic regulation, the' uncertainty, the liability to error, the bewildering conflict of the experts, and the number of times the judges have been overruled by events - self - limitation can be seen to be the path to judicial wisdom and institutional prestige and stability.the court must always remember that 'legislation is directed to practical problems, that the economic mechanism is highly sensitive and complex, that many problems are singular and contingent, that laws are into ..... 534 of 1988 submits that section 45b is violative of the fundamental right under article 19(1)(g) of the constitution as it restricts the number of depositors and the rate of interest under section 4(2)(iii) of the kerala money-lenders act, 1958 (hereinafter referred to as the kerala act).19. ..... shown that in many cases deposits taken by the companies have not been refunded on the due dates, either the companies have gone in liquidation or funds are depleted to such an extent that the companies are not in a position to refund the deposits, it was accordingly considered necessary to control the activities of the companies when accepting deposits from the 'the public.'37. .....
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