Judgment Search Results Home > Cases Phrase: the kerala habitual offenders act 1960 1 Page 2 of about 2,728 results (0.327 seconds)

Shijeesh Vs. State of Kerala

Court : Kerala

..... 47/02 under section 107 of code of criminal procedure, crime no.911/13 under section 15(c) of abkari act, crime no.341/04 under section 379 read with section 34 of indian penal code and crime no.91/09 under section 7 and 8 of kerala gaming act and they are habitual offenders and so, this cannot be quashed. ..... it is also mentioned that second accused is accused in crime no.91/09 under section 7 and 8 of kerala gaming act, crime no.153/08 under section 7 and 8 of kerala gaming act and crime no.279/09 under sections 280 and 337 of indian penal code and third accused was accused in crime no.175/12 under section 15 of the kerala gaming act, crime no.37/02 under sections 341, 323, 324 of indian penal code, crime no. ..... that on the basis of the statement given by second respondent in both the cases, a crime was registered including offence under the provisions of scheduled castes and scheduled tribes (prevention of atrocities) act and after investigation, final report was filed and the case against the accused persons namely the petitioners in both the cases were committed to the sessions court on two occasions and on the basis of the committal, the case against the petitioners in crl.m.c.no.1347/14 was taken on file as s.c.no.933/10 and case against the petitioner .....

Shajan Skaria Vs. The State Of Kerala

Court : Supreme Court of India

..... the appellant is a habitual offender in creating controversies by intentionally propagating false and defamatory campaigns against respectable members of society with the sole purpose of attracting subscriptions to his web platform. b. ..... on the basis of the aforesaid complaint, fir no.899 of 2023 dated 09.06.2023 came to be registered against the appellant and two other persons, who are not parties to the present appeal, for offences punishable under section 120(o) of the kerala police act (the kp act ) and sections 3(1)(r) and 3(1)(u) respectively of the act, 1989.5. ..... order dated 30.06.2023 passed by the high court of kerala at ernakulam in criminal appeal no.906 of 2023 filed by the appellant herein by which the high court dismissed the appeal and thereby affirmed the order dated 16.06.2023 passed by the special judge for scheduled castes and scheduled tribes (prevention of atrocities) act, 1989, ernakulam division declining to grant anticipatory bail to the appellant herein in connection with the first information report no.899 of 2023 lodged by the complainant (respondent no.2) at the elamakkara police station, district ernakulam .....

Gopalakrishnan Vs. State of Kerala

Court : Kerala

..... considering the fact that the accused was only 47 years and he had not involved in any other case and he was not a habitual offender, this court feels that some leniency can be shown in imposing the sentence. ..... [where anything is an offence falling within two or more separate definitions of any law in force for the time being by which offences are defined or punished, or where several acts, of which one or more than one would by itself or themselves constitute an offence, constitute, when combined, a different offence, crl.r.p.no.1446 of 2014 18 the offender shall not be punished with a more severe punishment than the court which tries him could award for any one of such offences.] 19. ..... was arrested while engaged crl.r.p.no.1446 of 2014 23 in manufacture of liquor in violation of the provisions of the bombay prohibition act, though he was convicted for the offence under section 65(b) for manufacture of liquor, 65(a) for possessing liquor and 65(f) for possessing material and apparatus for the manufacture of liquor invoking the power under section 71 of the indian penal code, the bombay high court confirmed the sentence under section 65 (b) alone for manufacture of liquor relying on several decisions of that court on this aspect ..... state of kerala, this court has confirmed the sentence imposed by the trial court for the offence under section 55(b) of the abkari act alone though he was found guilty for the offence under section 55 (g) and (a) of the abkari act. .....

The State Vs. Andheri-marol-kurla Bus Service

Court : Mumbai

Reported in : AIR1955Bom324; (1955)57BOMLR529; 1955CriLJ1161; ILR1955Bom602; (1955)ILLJ378Bom

..... 5, appear to be habitual offenders in respect of the provisions of the industrial disputes act. ..... presidency magistrate has accepted this plea and has, therefore, come to the conclusion that the dismissal of lious pereira cannot be said to constitute an offence under section 31(1) of the industrial disputes act.the principal question which thus arises for our decision in the present appeal is whether by the continuance of conciliation proceedings before a conciliation officer beyond 14 days which are prescribed under section 12, sub-section (6), the proceedings themselves become invalid and their pendency cannot bring into operation ..... 31(1) inasmuch as pending conciliation proceedings before the conciliation officer, the accused dismissed their employee louis pereira.section 31(1), industrial disputes act, provides that any employer who contravenes the provisions of section 33 shall be punishable in the manner mentioned in this sub-section and section 33 provides 'inter alia' that during the pendency of any conciliation proceedings, no employer shall alter, to the prejudice of the workmen concerned in such dispute, the conditions of service applicable to them immediately before the commencement of such proceedings, or discharge .....

Mukund Limited Vs. Shri Gajanan Shantaram Sakre and ors.

Court : Mumbai

Reported in : (1997)99BOMLR407

..... before the criminal court, all the accused, including the first respondent, pleaded guilty and prayed for leniency on the ground that they were not habitual offenders and expressed repentance for their acts. ..... while exercising jurisdiction under section 44 of the act, which grants only a limited jurisdiction of judicial superintendence over the labour court, the industrial court is only required to ensure that the labour court has acted within the bounds of its jurisdiction. ..... a police complaint was also filed by the petitioner as a result of which the two persons, who hail received the stolen property, were arrested and their interrogation revealed the modus- operand namely, that the material had been surreptitiously removed from the factory premises and handed over to the driver of the lorry for being delivered to natwarlal shah and vilhal parab on the way. ..... independently of the criminal proceedings, first respondent was also served with a charge-sheet dated 30th november, 1979 alleging against him the misconduct of theft, fraud or dishonesty in connection with the employer's business or properly and commission of any act subversive of good be heavier with in the establishment or of the discipline of the establishment. ..... 5243 of 1992 both under the provisions of the industrial disputes act, 1947 (hereinafter referred to as 'the act').2. .....

Eashy V J @ Dasan Vs. State of Kerala

Court : Kerala

..... the counsel for the petitioner submitted that the prosecution has no case that he is a habitual offender and he is the first offender and no proceedings under section 60 of the ndps act has been initiated so far. ..... ii) if the sessions court is satisfied that, the petitioner is the owner of the vehicle, then the sessions judge is directed to grant crl.m.c1211of 2014 6 interim custody of the vehicle to the petitioner after getting the vehicle valued by the regional transport officer, mattanchery and on getting the valuation, directing the petitioner to execute a bond for the value assessed by the rto mattanchery for the vehicle with two solvent sureties for the like sum to the satisfaction of the sessions judge, ernakulam. ..... sri.p.p.genson respondent/respondent/complainant: --------------------------------- state of kerala represented by station house officer, mattancherry police station, mattancherry, through the public prosecutor, high court of kerala, ernakulam-682 031. ..... in the high court of kerala at ernakulam present: the honourable mr. .....

Amish Devgan Vs. Union Of India

Court : Supreme Court of India

..... the informants submit that the petitioner is a habitual offender and has on numerous earlier occasions offered similar apologies. ..... on interpretation of sections 153a, 295a, and 505(2) of the indian penal code, 1860 (in short, the penal code ) and section 66-f of the information technology act, 2000, (in short, the it act ), no offence whatsoever can be made out; the allegations are based upon utterances in isolation by picking up select words and not on the programme as a whole; the petitioner did not have any malicious intent and mens rea to outrage religious beliefs and feelings; the programme has to be judged from the standard of a reasonable and strong-minded ..... state of kerala and others,85 which decision refers to the four precepts which emerge from the preamble, namely, justice, in its social, economic and political dimensions; individual liberty in the matter of thought, expression, belief, faith and worship; equality of status and opportunity amongst all citizens; and sense of fraternity amongst all citizens that assures the dignity of human life. ..... state of kerala and others,36 and virendra/ k.narendra v. .....

Dharmananda Behera Vs. State of Orissa

Court : Orissa

Reported in : 1994(II)OLR114

..... in a case of hardened criminals, and habitual offenders, benefit was refused by kerala high court, it was observed that ends of justice requires that sentence should be run consecutively ..... court directs that such sentence shall run concurrently with such previous sentence, the imprisonment shall) emmence at the expiration of sentence to which offender has been previously sentenced. ..... 124 of 1980 ; from 19-3-1990 to 21-9-lssio.it is submitted that petitioner was also in detention under national security act (in short, the 'act') and was in custody from (a) 10-6-1987 to 18-4-1988, (b) from 4-5-1989 to 20-6-1989 and (c) from 28-2-1990 to 22-9-1990, it is stated that period during which the petitioner was in custody in connection with gr case no. ..... section 482 cr pc is statutory recognition of age-old and well- established principle that every court has inherent power to act ex deb to justitiae to do that real and substantial justice for the admini- stration of which alone it exists or to prevent abuse of process of court. ..... states that when a person already undergoing a sentence of imprisonment is sentenced on a subsequent conviction to imprison- for life shall commence at he expiration of the imprisonment to which he has been previously sentenced, unless the court directs that the subsequent sentence shall run concurrently with such previous sentence. ..... geming to the antecedents of the petitioner at indicated above, there were three orders of detention passed against him under the act. .....

Ponnamma Vs. State of Kerala

Court : Kerala

..... it is also pointed out that the encroached land is involved in malayattoor reserve forest; that there is no public or private right and further that the petitioner is also an offender, punishable under section 27(1)e (i) of the kerala forest act.3. ..... it is stated that the petitioner and respondents 5 to 8 are habitual offenders and that the department does not w.p.c.no.25526 of20072 have any responsibility to arrange water connection to them. ..... in view of the categoric assertion made from the part of the 3rd respondent in the statement, that the respondents 2 and 4 have not evicted respondents 5 to 8, it is make clear that, if any unauthorised encroachment is there into the forest land, necessary steps shall be taken by the concerned respondents to cause the encroachers to be evicted by pursuing appropriate proceedings in accordance with law, forthwith. p.r. ..... the petitioner has filed a reply affidavit as well, wherein it is stated that the encroachment on forest land at the instruction of the husband of the petitioner has no relevance to the circumstances involved. ..... a statement has been filed on behalf of the 3rd respondent forest range officer, pointing out that the husband of the petitioner and the neighbour by name sri.joy, s/o. ..... judgment the petitioner has approached this court with the following prayers:- "i) call for all the relevant records from the respondents concerning exts.p8 to p9 and related to the issue raised in the wp(c). .....

Pramod Vs. State of Kerala

Court : Kerala

..... it is also pointed out that the petitioner is involved in 9 other crimes and that he is a ba 8941.8994 & 8997/12 2 habitual offender.3. ..... ---------------------------------------------------- ba nos.8941, 8994 & 8997of 2012 ---------------------------------------------------- dated this the 9th day of january 2013 order the petitioner is involved in crime nos.94/12, 23/12 and 104/12 of amaravila excise range for having found in possession of 3 litres, 2 litres and 4 litres of arrack respectively, in violation of the provisions of the kerala abkari act and was booked for the offence punishable under s.8 of the said act. ..... the petitioner shall not leave the state of kerala without getting prior permission from the jfcm concerned.6. ..... the learned magistrate shall ensure the identity of the sureties and the veracity of the tax receipts produced by the sureties, before granting bail to the petitioner.3. ..... in the high court of kerala at ernakulam present: the honourable mr.justice p.bhavadasan wednesday, the 9th day of january 2013 19th pousha 193 bail appl..no. ..... on going through the cd made available for perusal by the learned public prosecutor, the claim of the petitioner that he is totally innocent, cannot be countenanced. ..... the learned counsel for the petitioner submits that after the filing of one of the cases, the other two cases have been foisted against him. ..... state of kerala represented by public prosecutor, high court of kerala ernakulam.2. .....