Court : Mumbai
..... the previous conviction and punishment of different kind is prescribed in section 413 ipc which the accused is required to undergo." 4. in view of the provision of bombay habitual offenders act, 1959 and in view of judgment of rajasthan high court, it is abundantly clear that the proceedings pending against the applicant cannot be sustained. the discharge application of the ..... should not have been chargesheeted for the offence punishable under section 413 of the ipc, for allegedly habitually receiving stolen property unless he is convicted for the offence under section 411 of ipc. habitual offender under the bombay habitual offenders act, 1959 is defined as under : "2(e) "habitual offender" means any person who, since his attaining the age of eighteen years; (i) during any ..... consecutive period (whether before or after the commencement of this act, or partly before and partly after such commencement) of five years ..... of rajasthan high court while dealing with the same issue has observed in paragraph no.49 as under :- "49. something more is required to establish that the offender is in a habit of dealing with or receiving stolen property. since the offence under section 413 ipc is interrelated with and is an aggravated form of section .....Tag this Judgment!
Court : Mumbai
Reported in : 1990(2)BomCR431
..... shall form index to the history sheets. paragraph 68(2) reads as under:----'(2) the means of all persons required to notify residence under section 565, criminal procedure code and bombay habitual offender's act, 1959 of convicts released conditionally or granted furlough under section 401, criminal procedure code, and of other persons whose surveillance the district superintendent of police considers necessary for the prevention or ..... 28, 1989.2. the office of the inspector general of police in pursuance of the orders issued by the state government has prepared a compilation known as the bombay police manual 1959. chapter iii of volume iii of this manual deals with the subject of preventive action. paragraph 63 of this chapter prescribes maintenance of registers including history sheets ..... also ended in acquittal on march 30, 1989. on june 7,1986 the petitioner was arrested for having committed an offence under section 4 and 5 of bombay prevention of gambling act but the prosecution ended in acquittal on march 18, 1989. one more prosecution for having committed an offence under section 326 read with section 34 of indian ..... to the submission of the learned counsel.in the first instance, it must be clearly understood that the provisions of paragraph 67 and 68 in chapter iii of the bombay police manual has no statutory sanction but are merely guidelines issued to the police officers for efficient and proper administration and maintenance of public order. the action contemplated .....Tag this Judgment!
Court : Delhi
..... earlier. in avtar singh (supra) the provisions of haryana good conduct prisoners (temporarily release) act, 1988 were the subject matter of discussion. section 4 thereof provides for temporary release of prisoners on furlough and excludes the categories of the habitual offenders as defined in punjab habitual offenders (control and reform) act, 1952 as well as those convicted of dacoity or such other offences as the state ..... them away from the habit for sufficient time to enable them loosen the hold of the habit would not be served. 30. rule 4 (5) of the prisons (bombay furlough and parole) rules, 1959, rendered such convicts ineligible for grant of furlough who show a tendency towards crime. this inclusion was also found justified in the following manner: similarly clause (5) of ..... of the nature of offence for which he was sentenced, he should be granted furlough. the court, while taking this view, relied upon the judgment of a division bench of bombay high court in sharad keshav mehta vs. state of mahrasthra 1989 crl. lj 681 which was to the effect that right to be released on furlough is a substantial and ..... idea appears to run through most of the clauses of rule 4. for instance, rule 4(3) concerns persons convicted of offences under the bombay prohibition act, 1949. apparently persons who indulge in offences under the prohibition act either by consuming liquor or by trading in liquor become slaves of the habit or way of life and find it difficult to free themselves .....Tag this Judgment!
Court : Mumbai
Reported in : 2003CriLJ5062
..... of the late hour at when the incidents are alleged tohave taken place. the statements of witnesses a, b and c seeking to make out the detenue as a habitual offender indulging in extortion activities were recorded after a considerable delay. there is no reason why the said witnesses did not approach the police earlier to lodge their complainants but did ..... registered cannot sustain the order of detention as the alleged acts of the detenue set out in the said c.r. cannot be said to be prejudicial to public order. in the absence of any criminal antecedents being registered against the detenue showing the detenue having indulged in extortion as a habitual offender, the three incomers statements recorded after a considerable delay and ..... in the facts stated therein, cast doubts as to their genuineness. therefore these three incomers statements also cannot sustain the order of detention. the submission of learned a.p.p. that section 5-a of the mpd act comes to the rescue of the ..... 2002 passed by the respondent no. 1 commissioner of police, greater bombay in exercise of powers conferred on him under sub-section (1) of section 3 of the maharashtra prevention of dangerous activities of slumlords, bootleggers, drug offenders and dangerous persons act, 1981 (amendment-1996) (hereinafter referred to as, 'm.p.d.a. act').2. the detention order and the grounds of detention, both .....Tag this Judgment!
Court : Mumbai
Reported in : 2001BomCR(Cri)537; (2001)2BOMLR307; 2001(2)MhLj437
..... himself or as a member or leader of a gang, habitually commits, or attempts to commit or abets the commission of any of the offences punishable under chapter xvi or chapter xvii of the indian penal code or any of the offences punishable under chapter v of the arms act, 1959. (e) 'drug-offender' means a person, who manufacture, stocks, imports, exports ..... ' means a person, who distllls, manufacturers, stores, transports, imports, exports, sells or distributes any liquor, intoxicating drug or other intoxicant in contravention of any provisions of the bombay prohibition act, 1949 and the rules and orders made thereunder or of any other law for the time being in force or who knowingly expends or applies any money or supplies any ..... from indulging in any activities that would prejudicially affect the maintenance of public order. the learned counsel placed emphasis on the provisions of section 56(bb) of the bombay police act to contend that the said provisions would cover the specified persons particularly the category of 'dangerous persons'. this argument in the first blush seemed to be attractive, but ..... detaining authority has filed affidavit and specifically placed on record that he had considered the fact that invocation of the provisions of the criminal procedure code or section 56 of the bombay police act would be wholly inadequate and ineffective qua the detenus. there is no reason to doubt the correctness of this assertion. the court cannot sit over the subjective satisfaction .....Tag this Judgment!
Court : Chennai
Reported in : (2008)5MLJ822
..... 1-a: persons who are involved in the case of murder, robbery, decoity, narcotic crime, smuggling, terrorist activities, bomb blast offences under the arms act, 1959 (central act 54 of 1959) and also known notorious rowdies, escapees, dangerous habitual offenders and other persons who, in the opinion of the superintendent of the subsidiary jail, are dangerous from security point of view, shall not be confined ..... law are for the people and expected to respond to their aspirations. a court of law cannot close its consciousness and aliveness to stark realities. mere punishment of the offender cannot give much solace to the family of the victim civil action for damages is a long drawn and a cumbersome judicial process. monetary compensation for redressal by the court ..... of which is guaranteed under the constitution, is a claim based on strict liability and is in addition to the claim available in private law for damages for tortious acts of the public servants. public law proceedings serve a different purpose than the private law proceedings. award of compensation for established infringement of the indefeasible rights guaranteed under article ..... the offender is prosecuted, which the state, in law, is duty bound to do. the award of compensation in the public law jurisdiction is also without prejudice to any other action like civil suit for damages which is lawfully available to the victim or the heirs of the deceased victim with respect to the same matter for the tortious act committed .....Tag this Judgment!
Court : Gujarat
Reported in : 2005CriLJ2371; (2004)3GLR2226
..... employing the modus operandi of filing false and bogus criminal cases, in the name of fictitious persons, on trumped up charges. the applicant is a habitual offender indulging in the subversion of the process of law and securing non-bailable warrants against the innocent persons on the strength of bogus and frivolous complaints, ..... no. i - 196/2003 under sections 364a, 395, 397, 384, 467, 468, 471, 477a of i.p.c. and 33, 3 and 7 of bombay money lenders act, 1946. the applicant is also involved in the case bearing no. c.r. no. i - 66/2003 registered at sayajiganj police station, baroda city under section ..... 04.03.1994 issued by the applicant for execution of the warrant as well as the letter dated 09.03.1994 seeking permission to go to bombay for execution of the warrant. though he has not disclosed the source from where the applicant has got all these documents, according to him, it ..... the allegations are also levelled against the applicant for an offence under section 7, 13(1)(d) and 13(2) of the prevention of corruption act. he has further submitted that the investigation has revealed that the warrants were issued in five false and bogus criminal cases against the complainant and his ..... name to show that the applicant has ever accepted any bribe, commission or percentage and therefore, there is no offence under the prevention of corruption act as far as the applicant is concerned.13. mr. thakkar has lastly submitted that the applicant has not played any role and whatever was done .....Tag this Judgment!
Court : Mumbai
Reported in : 1996(1)BomCR559
..... bombay sales tax act within my cognizance.'the accused persons admitted this and the learned trial court seems to have passed the impugned order. in its order, the trial court has mentioned that the accused confessed the guilt in the open court and submitted that the firm had stopped the business since 1987. finding that they were not habitual offenders ..... , first class, mehkar, against the original accused nos. 1, 2 and 3, for offence under section 63(2) of the bombay sales tax act, 1959. by this order, the trial court has sentenced each of the accused to pay fine of rs. 500/- and in default to ..... an order in the said charge-sheet recommending a prosecution. this order seems to have been passed under section 67(1) of the bombay sales tax act, 1959, whereby the deputy commissioner of sales tax, nagpur division, nagpur, had recommended the prosecution of the four accused persons. this order ..... show that the firm had submitted 'incorrect sales tax return' and thereby committed an offence punishable under section 63(2) of the bombay sales tax act. shri daga is undoubtedly right. the language of the particulars is not only incorrect but misleading also. the essential ingredient of the ..... suffer simple imprisonment for one month each.2. short spectrum of the facts is as under :a charge-sheet came to be filed for the offence under section 63(2) of the bombay sales tax act .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1926Bom46; (1925)27BOMLR1388
..... the character referred to in ranga reddi v. king-emperor (1919) i. l. r. 43 mad. 450 a case under section 110 of the code of criminal procedure. the present act applies only to the city of bombay and the present offence can only be committed between sun set ..... ) of the bombay city police act iv of 1902. i am unable to agree with the learned magistrate and the pleader for the accused that these words must be taken to mean a thief who has achieved, not merely one or two convictions, but in addition, a reputation and a distinction amongst his neighbours and his community, as a habitual offender, on evidence of ..... the acquittal of the accused chand mahoboobsab by the fourth presidency magistrate. he was put before that magistrate on a charge under section 112, cl (d), of tin; bombay city police act iv of 1902, namely that being a, reputed thief he was found loitering in the street and without being able to give a satisfactory account of himself. evidence was given ..... a person who even though he might not be convicted is so reputed in the circles to which his reputation is a matter of interest. in a city such as bombay where a person does not usually know the occupation or reputation of his neighbour, the circles where the reputation of a thief would be known are practically two, the police .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2009SC3009; 2009CriLJ4130; JT2009(13)SC679; RLW2010(1)SC164; 2009(8)SCALE816:2009AIRSCW4840
..... , allow his measurements or photographs to be taken in the prescribed manner.4a. taking of measurements, etc. of habitual offenders against whom restriction order is made. - any person against whom an order of restriction has been made under the provisions of the karnataka habitual offenders act, 1961, shall if so required by a police officer, allow his measurements of photograph to the taken in be ..... taken by a police officer in the prescribed manner.state amendmentsgujarat- in clause (b) of section 3, add the following at the end:or under section 93 of the bombay prohibition act, 1949.[bombay act 58 of 1953].maharasthra- for section 3, substitute the following namely,3. taking of measurements, etc., of convicted persons. -- every person who has been --(a) convicted of any ..... upwards, or(b) in respect of whom a direction or order under section 55 or 56 of the bombay police act, 1951, or under sub-section (1) or (2) of section 23 of the bombay beggars act, 1945, or under section 2 of the bombay public security measures act, 1947, has been made,shall, if so required by a police officer, allow his measurements or photograph ..... --(i) under section 55 of the code of criminal procedure, 1898, or under section 4 of the bombay beggars act, 1945;(ii) in connection with an offence punishable under section 122 of the bombay police act, 1951, or under section 6 or 9 of the bombay beggars act, 1945, or in connection with an offence punishable with rigorous imprisonment for a term of one year or .....Tag this Judgment!