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Judgment Search Results Home  Phrase:code of criminal procedure amendment act 2005 section 12  Year:2014

Jan 29 2014

Vishal Agrawal & Anr. Vs. Chattisgarh State Electricity Board &Anr

  • Decided on : 29-Jan-2014

Court : Supreme Court of India

... procedure for trying the offences under the Electricity Act is formulated and the cases under this Act are also to be governed by the Code of Criminal Procedure.24. In this backdrop, the notification dated 8.6.2005 issued by the Central Government in exercise of powers under Section 176 of the Electricity Act also requires a mention. Vide this notification the Electricity Rules, 2005, have been framed and Rule 12 ... Code. The principal Electricity Act, 2003 was further amended by the Electricity (Amendment) Act, 2007 and apart from other amendments in Section 151 of the prinicipal Act was also amended and provisions in Sections 151, 151(A), 151 (B) were inserted. In the Statement of Objects and Reasons for amending the Act, it was stated as under: 4. As per the provisions contained in Section 151 of the Act ... Act is formulated and the cases under this Act are also to be governed by the Code of Criminal Procedure.24. In this backdrop, the notification dated 8.6.2005 issued by the Central Government in exercise of powers under Section 176 of the Electricity Act also requires a mention. Vide this notification the Electricity Rules, 2005, have been framed and Rule 12, which is relevant, reads as under:12 ...

Feb 26 2014

Petta Satya Govinda Ramachandra Rao @ Ba Vs. Yarlagadda Vijaya Kumar a ...

  • Decided on : 26-Feb-2014

Court : Andhra Pradesh

... amendment under Act 55 of 2002 which came into force with effect from 06.02.2003 incorporating new Sections 143 to 147 in this chapter by amending the existing sections among 138 to 142 to some extent; by introduction of Section 144 regarding mode of service of summons with non- abstanti clause which reads: 'notwithstanding anything contained in the Code of Criminal Procedure ... entitles to proceed under Section 446 and 446-A Cr.P.C but also prone to legal consequences under Section 229A I.P.C covered by Amended Act 25 of 2005 with effect from 23.06 ... Section 374(3) Cr.P.C (subject to Sections 375 and 376 Cr.P.C).11) It is now by virtue of the Cr.P.C amended Act 5 of 2009 incorporating the proviso to Section 372 Cr.P.C which came into force with effect from 31.12.2009 by providing as an independent right. Section ... Section 190(1)(a) read with Section 204 Cr.P.C and against acquittal judgment dated 15.04.2005 after full dressed trial before the V Metropolitan Magistrate Court, Visakhapatnam in C.C.No.77 of 2000 as per summons procedure that was as per the law as on the date of commencement and conclusion of the trial though subsequently by N.I.(Amendment) Act ... 2005 after full dressed trial before the V Metropolitan Magistrate Court, Visakhapatnam in C.C.No.77 of 2000 as per summons procedure that was as per the law as on the date of commencement and conclusion of the trial though subsequently by N.I.(Amendment) Act 55/2002 came into force with effect from 06.02.2003 incorporating Section ...

Jul 22 2014

Atul Tripathi Vs. State of U.P. & Anr.

  • Decided on : 22-Jul-2014

Court : Supreme Court of India

... Sections 147, 148, 149 read with Sections 302, 120B of the Indian Penal Code (45 of 1860) (hereinafter referred to as IPC ) and Section 7 of Criminal Law (Amendment) Act, 2013 and they have been awarded sentence of imprisonment for life with fine. Altogether seven accused have been convicted; however bail is granted only to four. The main contention of the appellant is that the procedure contemplated under Section ... to Section 389 were introduced mainly pursuant to the 154th Report of the Law Commission of India submitted in 1996. The amendments were introduced by Act 25 of 2005 and they have come into effect from 23.06.2006. The Law Commission recommended for addition of two provisos. The recommendation reads as follows: 47. Two provisos to sub-section (1) of section 389 of the Code be ... writing was provided to the State counsel though the State counsel appeared on the said date. (Emphasis supplied) On behalf of the second respondent, an affidavit has been filed on 12.04.2014 wherein it is stated at paragraphs 2 and 3 as follows: 2. In this context it may be stated that respondent No.2 to 4 for challenging the ... and 437 of 2006. As regard sentence of fine imposed upon the above noted appellant, realization thereof shall remain stayed till further orders. Order Date:05. 09.2012 Section 389 of the Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.PC ) reads as follows: S.389. Suspension of sentence pending the appeal; release of appellant on bail. (1) Pending any appeal ...

May 20 2014

In The Case Of Nykanen Vs. Finland

  • Decided on : 20-May-2014

Court : European Court of Human Rights

... for the same acts by a decision which had become final. 19. On 1 September 2010 the Supreme Court refused the applicant leave to appeal. II. RELEVANT DOMESTIC LAW AND PRACTICE A. Tax Assessment Procedure Act 20. Section 57, subsection 1, of the Tax Assessment Procedure Act (laki verotusmenettelyst , lagen om beskattningsf rfarande, Act no. 1558/1995, as amended by Act no. 1079/2005) provides ... rejected the applicants appeal on the same grounds as the Tax Rectification Committee. 12. The applicant appealed to the Supreme Administrative Court (korkein hallinto-oikeus, h gsta f rvaltningsdomstolen). 13. On 1 April 2009 the Supreme Administrative Court refused the applicant leave to appeal. B. Criminal proceedings 14. On 19 August 2008 the public prosecutor brought charges ... levied, the taxpayer shall be ordered to pay unpaid taxes together with an additional tax and a tax surcharge. B. Penal Code 21. According to Chapter 29, sections 1 and 2, of the Penal Code (rikoslaki, strafflagen; as amended by Acts no. 1228/1997 and no. 769/1990), a person who (1) gives a taxation authority false information on a ... Act no. 1079/2005) provides that if a person has failed to make the required tax returns or has given incomplete, misleading or false information to taxation authorities and tax has therefore been incompletely or partially levied, the taxpayer shall be ordered to pay unpaid taxes together with an additional tax and a tax surcharge. B. Penal Code 21. According to Chapter 29, sections ...

Aug 18 2014

K.S.Anwar @ Syed Anwar Vs. 1.The State, rep.by

  • Decided on : 18-Aug-2014

Court : Chennai

... supplied.) 17. Further, Section 50-A of the Code of Criminal Procedure, 1973, which was inserted under Amendment Act 25 of 2005 and is in existence since 23.06.2006, stipulates the obligation of person making arrest to inform about the arrest etc., to a nominated person. The clause-1 of Section 50-A of ... the legal Aid Organisation in the District and the police station of the area concerned telegraphically within a period of 8 to 12 hours after the arrest. (5)The person arrested must be made aware of this right to have someone informed of his arrest ... Code of Criminal Procedure, 1973, which was inserted under Amendment Act 25 of 2005 and is in existence since 23.06.2006, stipulates the obligation of person making arrest to inform about the arrest etc., to a nominated person. The clause-1 of Section 50-A of the Cr.P.C., reads as under: ".(1) Every police officer or other person making any arrest under this Code ... (In Crime No.54 of 2014).2.Mr.Sridharan, Sub-Inspector of Police, Central Crime Branch, Madurai City.Respondents Petition under Section 11 of Contempt of Courts Act, 1971 to punish the second respondent for the deliberate and willful disobedience of the guidelines issued by the Hon'ble ... not to follow the procedure of intimating the relatives over cell phone or landline, but to follow the procedure of sending E-Post. The Division Bench noted the availability of E-Post with effect from 30.01.2014 onwards. Relevant paragraphs are extracted hereunder: ?.12. The learned Additional ...

Aug 06 2014

The Superintendent of Customs (Cus-Prev) Vs. Kannur Abdul Kader Mohamm ...

  • Decided on : 06-Aug-2014

Court : Andhra Pradesh

... of Economic Offences under the 12 specified Central Acts. The Practice of entertaining bail applications by the Courts which have no jurisdiction is quite irregular in view of the above said G.O. issued in exercise of the powers conferred by proviso to Sub-Section(1) of Section 11 read with Clause (j) of Section 2 of the Code of Criminal Procedure Code, 1973. In this connection, ... , Section 436 to 439, Sections 11 and Section 2(j) read with Section 14 with the latest provisions contained in the Amendment Act, 1978 and the provisions relating to Prevention of Corruption Act where also a Special Judge is of the designated cadre of Sessions Judge with empowerment to take cognizance of the offence directly under Section 190 of Cr.P.C. without any committal under Section ... regard as it appears. In fact one proceeding of this Court in ROC.No.1970/E1/2005 of the Registrar (Vigilance), dated 21.06.2013, supplied by the Registry later speak that, it was addressed to the Metropolitan Sessions Judge, Hyderabad that Money Laundering Act, 2002 - Designation of XXI Additional Chief Metropolitan Magistrates Court Nampally, Hyderabad as Court of Session ... Lr.No.2220/E1/80, dated 29.12.1980 and another letter No.4324/E1/80, dated 07.02.1981. It therefrom reads as follows: NOTIFICATION In exercise of the powers conferred by the proviso to sub- section(1) Sub-Section 11 read with clause (J) of Section 2 of the Code of Criminal Procedure 1973(Central Act 2 of 1974) and after consultation with the ...

Sep 03 2014

K.Jaya L Vs. G.Adi Laxmi and anot

  • Decided on : 03-Sep-2014

Court : Andhra Pradesh

... Section 417 Code of Criminal Procedure, 1899 (old) which is equivalent to Section 378 of the Code of 1973 (present) holding that the words used need not be confined to order under original jurisdiction of the lower Court for maintaining appeal in saying the leave can be granted by High Court (under Section 378 Cr.P.C (new)) under Section ... criminal jurisprudence where two views are possible. In this case right of the complainant so far as under Section 138 read with 142 of the Negotiable Instruments Act is concerned practically within the meaning of victim defined in Section 2 (wa) read with the proviso to Section 372 Cr.P.C amended by the amended Act 5/ 2009 which came into force 31.12 ... on the scope of Section 2 (wa) and proviso to Section 372 Cr.P.C, referring to several expressions of other High Courts and of this Court, answered the same in detail in Crl.A No.1043 of 2005, dated 26.02.2014. ... Section 378 Cr.P.C. There are four expressions of other High Courts in this arena in setting the legal position with uniform view. (a) The first judgement in this regard to substantiate the conclusion of the order under review is of Chairman, Village Panchayath vs. Thimmasetty no doubt in interpreting the scope of Section 417 Code of Criminal Procedure ... appellate Court order of the State Commission. It is no doubt not a case under the Criminal Procedure Code but under the Consumer Protection Act and that cannot be taken as a guidance without referring to and without comparison of the actual ...

Mar 13 2014

State Through Reference Vs. Ram Singh & Ors.

  • Decided on : 13-Mar-2014

Court : Delhi

... consistent with the DNA profile of the prosecutrix.340. It deserves to be mentioned at this juncture that though DNA testing obtained legislative recognition in India through the Code of Criminal Procedure (Amendment) Act, 2005 by addition of Sections 53 and 53A, which expanded the scope of the term examination to include DNA profiling, as early as in the year 2001, the Supreme Court in the case ... not an authentic one. In any event, the provision for videography was inserted by the Criminal Law (Amendment) Act, 2013 (Act No.13 of 2013) with effect from 03.02.2013 in the proviso to the newly added Sub-Section 5(A) of Section 164 and hithertobefore, i.e., on 21.12.2012 when the statement of the prosecutrix was recorded the provision for videography was not ... the person recorded by a Judicial Magistrate under Clause (a) of sub-section (5A) of section 164 as soon as possible. 256. At the outset, we note that both the provisos to sub-section (1) were inserted in the Code of Criminal Procedure by the DEATH SENTENCE REFERENCE NO.6/2013, Criminal Law (Amendment) Act, 2013 (Act No.13 of 2013) with effect from 03.02.2013 and the charge ... we note that both the provisos to sub-section (1) were inserted in the Code of Criminal Procedure by the DEATH SENTENCE REFERENCE NO.6/2013, Criminal Law (Amendment) Act, 2013 (Act No.13 of 2013) with effect from 03.02.2013 and the charge sheet in the instant case was filed on 03.01.2013. Therefore, the provisos to Section 154 Cr.P.C. have no application to ...

Mar 27 2014

Vijay Dhanuka Etc. Vs. Najima Mamtaj Etc.

  • Decided on : 27-Mar-2014

Court : Supreme Court of India

... his jurisdiction was inserted by Section 19 of Code of Criminal Procedure (Amendment) Act (Central Act 25 of 2005) w.e.f. 23rd of June, 2006. The aforesaid amendment, in the opinion of the legislature, was essential as false complaints are filed against persons residing at far off places in order to harass them. The note for the amendment reads as follows: False complaints ... receipt of the complaint, the learned Additional Chief Judicial Magistrate in exercise of the power under Section 192 of the Code, after taking cognizance of the offence, had made over the case for inquiry and disposal to the transferee Magistrate. Section 12(2) of the Code confers on Additional Chief Judicial Magistrate the same powers as that of a Chief Judicial ... following passage from the said judgment: 40. The Magistrate had issued summons without meeting the mandatory requirement of Section 202 CrPC, though the appellants were outside his territorial jurisdiction. The provisions of Section 202 CrPC were amended vide the Amendment Act, 2005, making it mandatory to postpone the issue of process where the accused resides in an area beyond the ... were examined under Section 200 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code ). The transferee Magistrate, thereafter, adjourned the case for orders and on the adjourned date, i.e. 15th of November, 2011, he directed for issuance of summons against the accused persons for offence under Section 323, 380 and 506 read with Section 34 of the ...

Apr 24 2014

Coram:Hon'ble Mrs. Justice Rekha Mittal Vs. State of Punjab and othe ...

  • Decided on : 24-Apr-2014

Court : Punjab and Haryana

... the parties and perused the record. To adjudicate the controveRs.raised in the instant petition, it is appropriate to extract relevant provisions of Section 7-A of the Act:- Procedure to be followed when claim of juvenility is raised before any court.-(1) Whenever a claim of juvenility is raised before any ... - and sentenced for the offence charged against him and was awarded sentence of imprisonment for life by the Additional Sessions Judge, Patiala on 2.12.2005. He filed Criminal Appeal No.D-27-DB of 2006 before this Court which was dismissed on 28.1.2011 affirming the judgment passed by the learned ... Protection of Children) Act 1986 (for short the Act .) amended with effect from 1.4.2001. It is prayed that the petition may be allowed and the matter may be referred to the Juvenile Justice Board, Fatehgarh Sahib to conduct an enquiry as per provisions of the Act read with Rule 12 of the ... .5.2003 was registered in Police Station Sadar, Rajpura, District Patiala for offence punishable under Sections 302, 201, 419, 420, 467, 120-B of the Indian Penal Code (for short IPC .) and Section 25 of the Arms Act against the petitioner. The petitioner was tried for the said offences and convicted Saini ... of commission of offence. Having regard to the provisions of Section 7A of the Act, the petition is allowed and the Juvenile Justice Board, Fatehgarh Sahib, is directed to conduct an enquiry in compliance with the provisions of the Act and the Rules to ascertain if the petitioner was juvenile on ...

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