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Search Results Judgments > Phrase:CODE OF CRIMINAL PROCEDURE (AMENDMENT) ACT 2005 Section 12 Year:2014

Mar 13 2014

State Through Reference Vs. Ram Singh & Ors.

  • Decided on : 13-Mar-2014

Court : Delhi

... 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 ... 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 ... 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) ... -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 ... Criminal Procedure Code to which reference was made by the counsel deals with searches and not seizures. In the very nature of things when property is seized and not recovered during a search, it is not possible to comply with the provisions of sub-sections (4) and (5) of Section 100 of the Criminal Procedure Code. In the case of a seizure under the Motor Vehicles Act ...

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 ... Sections 151(A) and 151 (B) vide Electricity (Amendment) Act, 2007, this 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 ... 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 ... 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.1043 of 2005 ... 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 ...

Mar 28 2014

Dr. Subramanian Swamy and Ors. Vs. Raju Thr.Member Juvenile Justice Br ...

  • Decided on : 28-Mar-2014

Court : Supreme Court of India

... in 2004). The Children Act, 1974 defines a child and youthful offender as one below 16 years of age. The Act provides for the establishment of Juvenile Courts with exclusive jurisdiction to try youthful offenders (Section 13, Children Act). Ordinary criminal courts may act as Juvenile Courts if the latter are not established. Procedure under the Criminal Procedure Code, 1898 is followed. Section 51 prohibits the award ... 12.2012.2. Five persons were apprehended in connection with the crime. One of them, identified for the purpose of the present case as Raju, was below 18 years of age on the date of commission of the crime. Accordingly, in compliance with the provisions of the Juvenile Justice Act, 2000 ( as amended and hereinafter referred to as the Act ) ... of the Child, 61st Session, 05 October 2012, CRC/C/CAN/CO/3-4, paras 85-86, p.20. [8]. 543 US551(2005) [9]. 560 US48(2010) [10]. (2005) 3 SCC551[11]. 1991 Supp. (1) SCC600[12]. (1974) 4 SCC428[13]. 1989 Supp (1) SCC116[14]. (1994) 3 SCC569[15]. (2004) 3 SCC609[16]. (2010) 3 SCC314[17]. (2011) ... of age. The Act provides for the establishment of Juvenile Courts with exclusive jurisdiction to try youthful offenders (Section 13, Children Act). Ordinary criminal courts may act as Juvenile Courts if the latter are not established. Procedure under the Criminal Procedure Code, 1898 is followed. Section 51 prohibits the award of death sentence, imprisonment and transportation to a youthful offender. The proviso to this section provides for ...

May 27 2014

In The Case Of Baka Vs. Hungary

  • Decided on : 27-May-2014

Court : European Court of Human Rights

... amendments to the Code of Criminal Procedure; and the new Organisation and Administration of the Courts Bill. 12. Firstly, the Nullification Bill (subsequently Act XVI of 2011) sought to redress convictions relating to the crowd dispersion in autumn 2006. The applicant criticised the manner in which that goal would be achieved, namely by reopening final judgments and annulling through legislation certain judicial decisions. On 12 ... of Justice shall be terminated when the Fundamental Law comes into force.? (The Fourth Amendment to the Fundamental Law of 25 March 2013 transferred the text of section 11 of the Transitional Provisions into point 14 of the Final Provisions of the Fundamental Law.) Section 12 (1) If a judge has reached the general retirement age defined by Article 26 ... future income cannot be considered to constitute possessions? unless it has already been earned or is definitely payable (see Erkan v. Turkey (dec.), no. 29840/03, 24 March 2005 and Anheuser-Busch Inc. v. Portugal [GC], no. 73049/01, 64, ECHR 2007-I). There is no right under the Convention to continue to be paid a ... amendment of certain legislation concerning judicial procedure and the judicial system (including the Code of Criminal Procedure) was submitted to Parliament. At the applicants request, the Criminal Law Division of the Supreme Court prepared an analysis of the Bill, which was communicated to Members of Parliament. As no substantive changes were made to the Bill (enacted on 4 July 2011 as Act ...

Jan 16 2014

Km. Hema Mishra Vs. State of Up & Ors.

  • Decided on : 16-Jan-2014

Court : Supreme Court of India

... FIR discloses a cognizable offence. Shri Luthra submitted that since there is a conscious withdrawal/deletion of Section 438 CrPC by the Legislature from the Code of Criminal Procedure, by Section 9 of the Criminal Procedure (Uttar Pradesh) Amendment Act, 1976, the relief which otherwise the appellant could not have obtained under the Code, is sought to be obtained indirectly by invoking the writ jurisdiction of the High Court, ... Bench of the Allahabad High Court in Smt. Amarawati and Ors. V. State of U.P. (2005) Cri.L.J.755, wherein the Court, while interpreting the provisions of Sections 41, 2(c) and 157(1) CrPC as well as the scope of Sections 437 and 439, held as follows: 47. In view of the above we answer the questions referred ... entertaining writ petitions for granting interim protection from arrest, the Court would not go on to the extent of including the provision of anticipatory bail as a blanket provision.12. Thus, such a power has to be exercised very cautiously keeping in view, at the same time, that the provisions of Article 226 are a devise to advance justice ... filed under Article 226 of the Constitution of India seeking pre-arrest bail. Section 438 was added to the Code of Criminal Procedure in the year 1973, in pursuance to the recommendation made by the 41st Law Commission, but in the State of Uttar Pradesh by Section 9 Criminal Procedure (Uttar Pradesh) Amendment Act, 1976, Section 438 was specifically omitted, the legality of which came up for consideration ...

Feb 05 2014

S.A.Miyajan Vs. Union of India

  • Decided on : 05-Feb-2014

Court : Chennai

... to the Provincial Governors in terms of Section 295(1) of the Government of India Act, 1935 as well as Section 402-A of the old Criminal Procedure Code, prior to independence.16. After independence, Constituent Assembly was constituted to frame the constitution and in the Draft Constitution, the present Article 72 was numbered as Article 59 and only amendment was proposed to the said Article by ... .P. [(1998) 4 SCC75 6.Satpal & Another v. State of Haryana & others [(2000) 5 SCC170 7.Delhi Administration v. Manoharlal [(2002) 7 SCC222 8.Kamalanantha v. State of Tamil Nadu [(2005) 5 SCC194 9.Epuru Sudhakar & Another v. Govt. of A.P & Others [(2006) 8 SCC161: AIR2006SC3385 and 10.Devender Pal Singh Bhullar v. State of N.C.T. of Delhi ... 'ble Supreme Court of India, in the above cited judgment, has considered its earlier decisions including Devender Pal Singh Bhullar case and found on the facts of the case that 12 years delay in disposal of mercy petition for commutation of sentence of death and allowed the appeal.29. The learned Additional Solicitor General also referred to the judgment of the ... Governors have also similar powers under Section 402-A of the old Criminal Procedure Code. The learned Additional Solicitor General has also invited the attention of this Court to the Constituent Assembly Debates and would submit that Article 72 was numbered as Article 59 in the Draft Constitution and an amendment was proposed and moved by Mr.Tajamul Husain as Amendment No.1286 wherein he has ...

Jun 18 2014

Mariyados Vs. State by:

  • Decided on : 18-Jun-2014

Court : Chennai

... still have Section 25 of the Evidence Act and 162 Cr.P.C.in the Statute Book and only very recently by a Parliamentary amendment to the Criminal Procedure Code, the police have been directed to paginate the Case Diary and keep it as a volume. This amendment to Section 172 Cr.P.C.was introduced by the Parliament with effect from 31.12.2009 by Central Act 5 of ... : Criminal Revision Petition filed under Section 397 r/w. 401 of Criminal Procedure Code, praying to call for the records of the learned Additional Sessions Judge-cum-Fast Track Court-I, Thanjavur in C.A.No.56 of 2007, dated 21.09.2007, set aside the conviction and sentence imposed by the learned Principal Assistant Sessions Judge, Kumbakonam in S.C.No.104 of 2005, dated ... : 18.06.2014 Coram THE HONOURABLE MR.JUSTICE P.N.PRAKASH Criminal Revision Case (Md.No.718 of 2007 Mariyadoss : Petitioner/Sole Accused versus State by: Inspector of Police, All Women Police Station, Kumbakonam, Crime No.3 of 2003 : Respondent/Complainant PRAYER: Criminal Revision Petition filed under Section 397 r/w. 401 of Criminal Procedure Code, praying to call for the records of the learned Additional ... not undergone any training in Special Schools, the questions can be put to them only through signs and gestures and they would also answer by signs and gestures. 12.Section 119 of the Evidence Act as amended by the Parliament with effect from 15.03.2013 reads as under: ".119.A witness who is unable to speak may give his evidence in any other ...

Feb 25 2014

Ripusudan Dayal & Ors. Vs. State of M.P. & Ors.

  • Decided on : 25-Feb-2014

Court : Supreme Court of India

... relating to construction works carried out in MLA Rest House and Vidhan Sabha premises in the year 2005-06 on 24.08.2007. Summons were issued as per the provisions of Section 11(1) of the Lokayukt Act, read with Sections 61 and 244 of the Code of Criminal Procedure, 1973. Summons were received by the Deputy Secretary, Vidhan Sabha, Shri G.K. Rajpal and the Controller ... by law), they shall be those which the House or its members and committees enjoyed immediately before the coming into force of Section 26 of the Constitution Forty-fourth Amendment Act, 1978.35) As per Chapter XI of the Practice and Procedure of Parliament (Fifth edition), by M.N. Kaul and S.L. Shakdher in interpreting parliamentary privileges at Page 211 observed: regard must ... shall be charged with simultaneously in one trial under the provisions of Criminal Procedure Code, 1973 (No.2 of 1974).12) As per the provision of Section 4 of the SPE Act, the superintendence of investigation by the M.P. Special Police Establishment was vested in the Lokayukt appointed under the Lokayukt Act.13) On 22.12.2006, a complaint was received from one Shri P.N. ... action for which the petitioners are legally empowered, cannot constitute breach of any privilege.68) Under the provisions of Section 39(1)(iii) of the Code of Criminal Procedure, 1973, every person who is aware of the commission of an offence under the Prevention of Corruption Act is duty bound to give an information available with him to the police. In other words, every ...

Mar 25 2014

Nishant. S. Diwan Vs. High Court of Delhi Through Registrar General A ...

  • Decided on : 25-Mar-2014

Court : Delhi

... was not meant to limit the benefit of reservation under the Act to only the Civil Judges/ W.P.(C) 983/2014 Page 18 Magistrates cadre or posts. Both categories of holders of posts workload is fairly described as Deal with Civil and Criminal cases by adopting established procedure both under Civil and Criminal Codes. Records evidence and pass necessary orders/judgments. Likewise, the notification ... Memorandum dated 29.12.2005, 10.12.2008 etc. which were analysed. The Court rejected the submission on behalf of the Union of India (UOI) that the obligation to reserve the posts would arise only after their identification. It was held that, to accept such a submission would amount to accepting the situation where the provisions of Section 33 of the aforesaid Act would ... review the posts persons with disabilities in the Ministries/Departments, Public Sector Undertakings. The Government of NCT of Delhi shall forward the recommendations of the Expert Committee as they stand amended by the corrigendum dated 25th July, 2006 to the Delhi High Court. As and when such a communication is sent by the Government of NCT of Delhi to the ... Nature of preferred 466 . Judges/Magistrat es Subordinate in Lower Judiciaries S.SCT.C.R.W OA.OL.BL.B.B V Deal with Civil and Criminal cases by adopting established procedure both under Civil and Criminal Codes. Records evidence and pass necessary orders/judgments 8. work Working conditions/re marks The work is mostly performed inside. The work place is well lighted. ...

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