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

Feb 26 2014

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

  • Decided on : 26-Feb-2014

Court : Andhra Pradesh

... is by further 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, 1973 and ... 1043 of 2005 was later admitted and ... and empowerment by section 143(1) of the n.i.act. 2) against said acquittal judgment the complainant preferred the appeal before this high court under section 378(4) cr.p.c with leave that was granted on 11.07.2005 as per the law as on that date (since section 372 cr.p.c came into force from 31.12.2009).the criminal appeal no. ... (2006).scc4565. (1999).scc5106. (2004).scc7747. 2003(1) ls4678. air2011sc11379. air1966(all.)84(fb) 10. 1982(2) (sc) aplj4311. air(sc)2004-408: (para-12) 12. 2011(1) ald (crl.) 201 (ap) 13. (1983).scc17714. air1965sc44415. (2013)11 scc45116. (2005).scc40017. (1990).scc36618. air1961sc159619. air1976sc99720. air1977sc26521. (2001).scc6122. (2002).scc53323. 1990 sc98124. (2002).scc29725. air1996sc218426. 2013(3) crimes (p&h)-613 27. 2011 ...

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Jan 29 2014

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

  • Decided on : 29-Jan-2014

Court : Supreme Court of India

... position was made abundantly clear namely cognizance of an offence punishable under the act could be taken upon a report of police officer filed under section 173 of the code of criminal procedure. contention of the appellants that the said amendment came into effect only from 15.6.2007 with the passing of electricity amendment act, 2007 has been repelled by the high court taking note of the ... 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. (1) the police shall ... prejudice the actions under the provisions of the indian penal 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 ...

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Jun 06 2014

M/s. Appolo Tyres L Vs. M/s. H.M. Tyres and anoth

  • Decided on : 06-Jun-2014

Court : Andhra Pradesh

... taken on the 15 complaint cases for the offence under the provisions of the act and after the accused were summoned and put in appearance from supply of copies under section 207 of the code of criminal procedure (for brevity, the cr.p.c.), when questioned on substance of accusation under section 251 cr.p.c., they pleaded not guilty and were put to trial and ... civil transaction to be an offence by fiction of law and with certain (rebuttable) presumptions that shall be drawn. sections 138 to 142 are incorporated in the n.i. act,1881 as chapter xvii by the banking public financial institutions and negotiable instruments laws (amendment) act,1981 (66 of 1988) which came into force w.e.f., 01.04.1989 and the n.i ... of such cheque unless such fact is disproved by the accused. 10-(d). further the provision for issuing notice within fifteen days (amended as thirty days by the amended act 55 of 2002, w.e.f., 06.02.2003) under section 138 after dishonour is to afford an opportunity to the drawer of the cheque to rectify his mistakes or negligence or in action ... nos.1 to 3 : b. nagi reddy counsel for respondent no.4 : public prosecutor head note: cases referred:1. air2003sc20352. (2000) 2 scc3803. (2001) 8 scc4584. (2006) 3 scc305. (2005) 12 scc16. (2009) 2 scc5137. air2008sc13258. air2010sc18989. air2001sc389710. air1999sc100811. air2002sc18212. air2008sc289813. 1971 (1) an.w.r. 65 14. 2004 crl.l.j.58 15. 2004 (1) bc3416. appeal (crl.) 664 of ...

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Mar 13 2014

State Through Reference Vs. Ram Singh & Ors.

  • Decided on : 13-Mar-2014

Court : Delhi

... 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 ... 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 ... 12.2012 ought to have been videographed, suffice it to note that the mere fact that the recording of the statement by the metropolitan magistrate was not videographed cannot be interpreted to mean that the said statement was not an authentic one. in any event, the provision for videography was inserted by the criminal law (amendment) act, 2013 (act ... of guardianship over minors who from their legal disability stand in need of protection.32. age determination inquiry contemplated under section 7a of the act read with rule 12 of the 2007 rules enables the court to seek evidence and in that process, the court can obtain the matriculation ... incident by way of gesture or writing. ques. : when and at what time the incident happened?. i. 20/12/2012 2. 13/12/2012 3. 16/12/2012 ans. :16. 12/12 (by writing after taking time) death sentence reference no.6/2013, ques.: have you seen the staff of the ...

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Apr 29 2014

Madhu Bala Vs. State of Punjab

  • Decided on : 29-Apr-2014

Court : Punjab and Haryana

... :28 i attest to the accuracy and integrity of this document cra-s-3361-sb-2011 -12- penal code. it was observed that the word likely . in the section denotes probability . and not certainty .. that was a case coming before the madhya pradesh high court in a criminal revision against the order of discharge of the accused persons passed by the trial court. the ... of women and children no penal provision has been brought hitherto. commission for protection of child rights act, 2005, juvenile justice (care and protection of children) act, 2000, right of children to free and compulsory education act 2009 (central act 35 of 2009) and child labour (prohibition and regulation) act, 1986 are some of the enactments kataria rishu 2014.04.29 17:28 i attest to ... , pw-3 the decoy purchaser, pw-5 investigating officer and pw-6 hc ravinder nath the shadow witness. these witnesses have withstood the test of scrutiny despite cross- examination. the procedure adopted by the investigating officer in joining executive magistrate has inspired full confidence to the version. there was virtually no challenge to the testimony of pw-3 who was in ... certain parts of the country and absence of any penal provision to punish the offenders thereof, took up the subject suo motu, and in its 146th report, recommended amendment of the penal code introducing provisions for punishment of selling of woman or minor. laudable recommendations made by the law commission in the kataria rishu 2014.04.29 17:28 i attest to ...

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May 20 2014

In The Case Of Nykanen Vs. Finland

  • Decided on : 20-May-2014

Court : European Court of Human Rights

... 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 that if a person has failed to make the required tax returns or has given incomplete, ... leave to appeal. b. criminal proceedings 14. on 19 august 2008 the public prosecutor brought charges against the applicant of, inter alia, tax fraud (veropetos, skattebedr geri) concerning the tax year 2003. ... administrative court (hallinto-oikeus, f rvaltningsdomstolen). 11. on 29 may 2008 the kuopio administrative court 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 ... , 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 ...

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May 20 2014

In The Case Of Glantz Vs. Finland

  • Decided on : 20-May-2014

Court : European Court of Human Rights

... the supreme court decision of 12 december 2011 re-opened. 29. it is not known whether the case is still pending before the chancellor of justice. ii. relevant domestic law and practice a. tax assessment procedure act 30. 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 that if a ... partially levied, the taxpayer shall be ordered to pay unpaid taxes together with an additional tax and a tax surcharge. b. penal code 31. 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 fact that ... appealed to the supreme administrative court (korkein hallinto-oikeus, h gsta f rvaltningsdomstolen). 13. on 11 january 2010 the supreme administrative court refused the applicant leave to appeal. b. criminal proceedings 14. on 15 december 2008 the public prosecutor brought charges against the applicant on, inter alia, five counts of embezzlement and two counts of aggravated tax fraud (t rke ... principle in respect of the embezzlement charges as he had been convicted of something other than the charges against him and the conviction had been based on a wrong penal code provision. also one of the changes had been statute-barred. as concerned the tax fraud charges, he claimed that the ne bis in idem principle had been violated ...

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Apr 24 2014

In The Case Oflagutin and Others Vs. Russia

  • Decided on : 24-Apr-2014

Court : European Court of Human Rights

... with legal provisions regulating the collection, evaluation and assessment of evidence. ...? 63. on 24 july 2007 section 5 of the act was amended to prohibit agencies conducting operational-search activities from directly or indirectly inducing or inciting the commission of offences. 64. article 125 of the code of criminal procedure of the russian federation, in force from 1 july 2002, provided at the material time that ... v. turkey [gc], no. 46221/99, 210 in fine, echr 2005-iv; malininas cited above, 43; and popov v. russia, no. 26853/04, 264, 13 july 2006). this applies to all five applicants in the present case. the court notes in this connection that article 413 of the russian code of criminal procedure providesabasis for the reopening of the proceedings if the court finds ... no authorisation for the audio-recording of the operation by a judge. 8. in all the cases before the court, the government argued that, in accordance with section 12 of the operational-search activities act of 12 august 1995, the data on the sources of information concerning the conduct of a test purchase were not to be disclosed in the present cases, since they ... accordance with those requirements (see paragraphs 93 and 115 of the judgment and the previous cases ofvanyan v. russia, no. 53203/99, 46-47, 15 december 2005;khudobin v. russia, no. 59696/00, 135, echr 2006-xii;bannikova v. russia, no. 18757/06, 49-50, 4 november 2010; and veselov and others v. russia, nos. 23200/10, 24009/07 and 556/10 ...

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Jul 22 2014

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

  • Decided on : 22-Jul-2014

Court : Supreme Court of India

... 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 389 proviso has not been complied with while releasing them ... 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 by ... 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 ... 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 added to the effect that the appellate court would give ...

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Aug 06 2014

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

  • Decided on : 06-Aug-2014

Court : Andhra Pradesh

... trial 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 codecriminal procedure codecriminal procedure code, 1973. in this connection, i ... .o.rt.no.734, dated 13.03.1981 and cr.p.c. provisions in chapter xxxiii, particularly, 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 ... answer received is in negative, saying no further circulars have been issued in this 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 ...

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