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Judgment Search Results Home > Cases Phrase: criminal law amendment act 2005 preamble 1 criminal law amendment act 2005 Page 1 of about 81,084 results (1.000 seconds)

Feb 13 2009 (HC)

Priyank Chansoria Vs. High Court of Madhya Pradesh

Court : Madhya Pradesh

Reported in : 2009(4)MPHT44

..... 226 of the constitution.9. in lachmandas (supra), moreover, the majority speaking through s.r. das, j., found that the avowed object of the bombay act recited in its preamble was the expediency of consolidating and amending the law relating to public safety, maintenance of public order and maintenance of supplies and services essential to the community in the state of bombay. das, j ..... ledger paper is not available.(ii) in chapter x of the rules of 2008, rule 3 provides that three extra copies of every application, interlocutory or otherwise, relating to a criminal matter should be filed in a matter to be heard by a division bench and two extra copies in every other case, thus putting an unnecessary burden on the litigants ..... witnesses recorded as in the ordinary trial which is available to other persons accused of similar offences and prosecuted according to the ordinary procedure laid down in the code of criminal procedure and, therefore, there was breach of fundamental right to equality guaranteed by article 14 of the constitution. but as we have seen, under clause 10 of the letters patent ..... of appeal before the division bench.11. this argument of mr. jain overlooks experience of the high court in dealing appeals under the adhiniyam of 2005. sub-section (1) of section 2 of the adhiniyam of 2005 provides for an appeal from a judgment or order passed by a learned single judge in exercise of his jurisdiction under article 226 of the constitution .....

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Sep 08 2016 (HC)

N.C. Shivakumar and Others Vs. State by Lokayuktha Police Hassan Distr ...

Court : Karnataka

..... another (2005) 12 scc 709. dealing with section 19 of p.c. act and section 190 of the code, this court held in paragraph 8 at page 713 of the report as follows: the prevention of corruption act is a special statute and as the preamble shows, this act has been enacted to consolidate and amend the law relating ..... the previous sanction of the central government or of the state government or of the district magistrate, there will be no violation of section 196 (1-a) crpc and no illegality of any kind would be committed. the court then referred to some of the precedents including the judgment in mohd. khalid s ..... of any offence under section 190(1)(a), criminal procedure code, he must not only have applied his mind to the contents of the petition but he must have done so for the purpose of proceeding ..... high court in superintendent and remembrancer of legal affairs, west bengal v. abni kumar banerjee: what is taking cognizance has not been defined in the criminal procedure code and i have no desire to attempt to define it. it seems to me clear however that before it can be said that any magistrate has taken cognizance ..... of orissa (1998) 6 scc 411 and quoted with approval in lalu prasad v. state of bihar, (2007) 1 scc 49, that section 197 of the crpc and section 19 of the pc act operate in conceptually different fields, it would not make any difference in so far as how a complaint, that is .....

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Sep 08 2016 (HC)

Sri n.c. Shivakumar Vs. State by Lokayuktha Police

Court : Karnataka

..... another (2005) 12 scc709 dealing with section 19 of p.c. act and section 190 of the code, this court held in paragraph 8 at page 713 of the report as follows:"......the prevention of corruption act is a special statute and as the preamble shows, this act has been enacted to consolidate and amend the law relating ..... the previous sanction of the central government or of the state government or of the district magistrate, there will be no violation of section 196 (1-a) crpc and no illegality of any kind would be committed." the court then referred to some of the precedents including the judgment in mohd. khalid's ..... cognizance of any offence under section 45 190(1)(a), criminal procedure code, he must not only have applied his mind to the contents of the petition but he must have done so for the purpose of proceeding ..... high court in superintendent and remembrancer of legal affairs, west bengal v. abni kumar banerjee:"what is taking cognizance has not been defined in the criminal procedure code and i have no desire to attempt to define it. it seems to me clear however that before it can be said that any magistrate has taken ..... v. state of orissa (1998) 6 scc411and quoted with approval in lalu prasad v. state of bihar , (2007) 1 scc49 that section 197 of the crpc and section 19 of the pc act operate in conceptually different fields, it would not make any difference in so far as how a complaint, that is .....

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Jan 30 2006 (HC)

Sudhakaran Vs. State of Kerala

Court : Kerala

Reported in : 2006(1)KLT955

..... indian penal code are different and distinct. in dilawar singh v. parvinder singh 2005 (4) klt 1029 (sc) : 2005 air scw 6021 it was held as follows:.the prevention of corruption act is a special statute and as the preamble shows this act has been enacted to consolidate and amend the law relating to the prevention of corruption and for matters connected therewith. here, the principle ..... kannur district were appointed illegally in violation of the prescribed rules and norms issued by the government of kerala. the further prosecution case was that accused 1 to 3 who are public servants committed criminal misconduct by abetting each other to create 151 vacancies of excise guards at kannur district while no such vacancies actually existed. the further case was that ..... the government of kerala for making illegal gains to them. those 151 persons including a4 to a8 also stated to have gained undue pecuniary advantages. the accused 1 to 3 who were public servants committed criminal misconduct by abetting each other to create 151 vacancies of excise guards in kannur district, though, in fact, no such vacancies existed. the persons so ..... a very important authority, viz, the competent authority does not advisable to proceed with the case of conspiracy alone against a2, mr. sudhakaran i.a.s.in the petition filed under section 321 of the code of criminal procedure, the additional legal advisor narrated the entire history of the case. he had also referred the opinion to the advocate general. the .....

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Feb 09 2012 (HC)

K.G.Bopaiah. Vs. S.N.Raja Rao and ors.

Court : Karnataka

..... parvinder singh alias iqbal singh (2005) 12 scc 709. dealing with section 19 of p.c.act and section 190 of the code, this court held in paragraph 8 at page 713 of the report as follows: "....the prevention of corruption act is a special statute and as the preamble shows, this act has been enacted to consolidate and amend the law relating to the prevention of ..... complainant accepted at their face value would constitute cognizable offences alleged against them, warranting reference and investigation under section 156(3) cr.p.c. 37. in the result, i pass the following:- order i. criminal petition no.7055/2011 is accepted. the impugned reference is modified. ii. the impugned reference under section 156(3) cr.p.c. for investigation of allegations of ..... the calcutta high court in superintendent and remembrancer of legal affairs. west bengal v. abni kumar banerjee (supra): "what is taking cognizance has not been defined in the criminal procedure code and i have no desire to attempt to define it. it seems to me clear however that before it can be said that any magistrate has taken cognizance of any offence under ..... kodagu zilla panchayat and chairman of social justice committee of kodagu zilla panchayat. v. from the allegations of complaint, it is not possible to attribute direct or vicarious criminal liability to accused no.1. vi. the cc - complaint is motivated to malign accused no. 1 5. sri murthy dayanand naik. learned counsel appearing for accused 2 to 4 has made following submissions .....

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Dec 21 1984 (HC)

Mohan Mallu Rathod and ors. Vs. State of Maharashtra

Court : Mumbai

Reported in : 1985(2)BomCR633

..... the ground that as no sanction to prosecute them or any of the offences mentioned in section 6 of the criminal law amendment act nor any sanction for conspiracy under section 120b, i.p.c. to commit the offences mentioned in section 6 of the criminal law amendment act, 1932 was granted by the sanctioning authority, they cannot be tried by the special judge for any of the offences ..... the government of maharashtra in exercise of the powers conferred by clause (b) of sub-section (1) and sub-section (3) of section 197 of the code of criminal procedure, 1973, and section 6(1)(b) of the prevention of corruption act. the first paragraph of the preamble of the sanction reads as follows :---'whereas it has been reported to the government of maharashtra that ..... body of the sanction. charge is to be framed on the basis of police papers and not on the basis of sanction.' 31. no doubt in para 2 of the preamble of the sanction it is specifically mentioned that the petitioners committed offences punishable under sections 120b, 201, 218, 221, 409, 161, 165a, 34 and 109 of ..... schedule as is done by the learned trial judge according to whom it is just illustrative of the acts attributed to various accused. this submission, however, must be rejected because in the first paragraph of the preamble the government of maharashtra while according sanction acted on the report that the petitioner committed offences as specified in column 4 of the schedule. it cannot .....

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Sep 21 1998 (HC)

Harshad S. Mehta Vs. Central Bureau of Investigation

Court : Mumbai

Reported in : 1998(5)BomCR783; (1998)2BOMLR114

..... specified in subsection (2-b), the prosecution can file the charge-sheet either in the court of a competent magistrate or before the special judge who under section 8(1) of the criminal law amendment act, 1952 has power to take cognizance of the offence without the accused being committed to him for trial. it follows that if the magistrate takes cognizance of the offence ..... of the special court in the context of tender of pardon as provided in sections 306 and 308 of cr.rc. the act as its title and its preamble and the various provisions referred to hereinabove clearly indicate that the act has been enacted empowering the special court to follow the procedure as will be necessary.22. the procedure which this court is ..... which is for 'trial of offences relating to transactions in securities' and matters connected therewith or incidental thereto. then in section 2 subsection (1) which contains definitions it lays down 'code' which means the code of criminal procedure, 1973. section 5 provides for the ..... it is suggestive of the fact that the said act was enacted with the object of ensuring trial of offences relating to the transactions in securities during the statutory period. the expression 'offences' appearing in its name would speak a volume. this is also demonstrated from the fact that its preamble also spells out the purpose for the establishment of special court .....

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Mar 08 2002 (HC)

The State of Maharashtra and anr. Vs. Ishwar Piraji Kalpatri

Court : Mumbai

Reported in : 2002(6)BomCR239

..... were on the assumption that the proceedings under the aid ordinance are relating to the scheduled offences. as already observed above. the preamble of the ordinance itself abundantly makes it clear that though the ordinance is called as 'criminal law amendment act 1944' in fact it relates to attachment and disposal of the property of a person who has procured such property by means of ..... bombay and an order of interim attachment came to be passed on the very day i.e. 28th april, 1989 in terms of prayer clause under section 4(1) of the said ordinance ..... government by an order dated 28th august, 1998 authorised the appellant no. 2 herein to move for an attachment of the property of the respondent in terms of section 3(1} of criminal law amendment ordinance, 1944 hereinafter called as 'the said ordinance'. pursuant thereto, an application dated 24-4-1989 came to be filed before the learned chief judge, small causes court at ..... present appeal.3. upon hearing the learned advocate for the appellant and the respondent in person and on perusal of records, the following questions arise for determination in the matter:(1) whether the proceedings relating to the attachment of the property and the disposal thereof under the said ordinance are of civil nature or not? (2) whether the order of .....

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Dec 08 1953 (HC)

Ratilal M. Nanavati and ors. Vs. State of Delhi

Court : Punjab and Haryana

Reported in : AIR1954P& H178

..... scheme of the criminal law amendment act, 1952, makes it quite clear that the court of a special judge is a court subordinate to the high court. the preamble shows that this act was placed on the statute book with the object of amending the indian penal code and the code of criminal procedure and to provide ..... court might give an authoritative decision on two points namely:(1) whether it is within the competence of a high court to transfer a case which lias been allotted to a particular special judge under the provisions of section 7(2), criminal law amendment act, 1952? and(2) whether it is within the power ..... section 5(2), prevention of corruption act, 1947.3. on 24-1-1953 the delhi police establishment presented two challans against the petitioners in the court of s. gurdev singh, one of the special judges appointed by the delhi state government under section 7(2) of the criminal law amendment act, 1952. s. gurdev singh ..... mr. jain, to whom these cases were transferred, has proceeded on leave and is likely to be posted to a station in the punjab. i am accordingly of the opinion that these cases should be re-transferred to the court of s. gurdev singh who has' examined a considerable number ..... government to transfer a corruption, case from one special judge to another special judge.2. the petitioners in this case are mr. s. y. krishnaswamy, i. c. s., former joint secretary in the ministry of agriculture, mr. c. s. d. swamy. former director of fertilizers in the said ministry, and .....

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Sep 11 1958 (SC)

Bhajahari Mondal Vs. the State of West Bengal

Court : Supreme Court of India

Reported in : AIR1959SC8; 1959CriLJ98; [1959]1SCR1276

..... 11, 1947, prevention of corruption act (act ii of 1947) was enacted by the central legislature. the west bengal legislature enacted the west bengal criminal law amendment act of 1949 (w.b. xxi of 1949) which received the assent of the governor general on june 23, 1949. its preamble shows the objects of the act to be more speedy trial and more ..... the west bengal act xxi of 1949 was further amended by the west bengal criminal law amendment (special courts) amending act, 1953 (act xv of 1953). it received the assent of the president and came into force on may, 9, 1953. this act added section 165a, indian penal code in item no. 1 of the schedule of the 1949 west bengal act. 12. the result ..... west bengal. by section 5, the following was substituted in place of section 4 of the west bengal act xxi of 1949 : '(1) notwithstanding anything contained in the code of criminal procedure, 1898 (act v of 1898) or in any other law, the offences specified in the schedule shall be triable by special courts only : provided that when trying ..... .......................................................................................................................................... (8) any conspiracy to commit or any attempt to commit or any abetment of any of the offences specified in items 1 to 7.' 6. on july 28, 1952, the central legislative enacted the criminal law amendment act (act xlvi of 1952) by section 3 of which an offence of abetment, section 165-a with an enhanced punishment was inserted. 7 .....

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