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Judgment Search Results Home > Cases Phrase: criminal law amendment act 2005 preamble 1 criminal law amendment act 2005 Court: karnataka Page 1 of about 2,300 results (0.127 seconds)

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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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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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 10 1991 (HC)

Chikka Kullegowda Vs. State

Court : Karnataka

Reported in : ILR1991KAR4557; 1991(3)KarLJ142

..... conformity with the doctrine of 'actus curiae neminem gravabit'. it is a case where the supreme court transferred a case triable by the special judge under section 6(1) of the criminal law amendment act, 1952 to the high court which had no jurisdiction to try the offences alleged for a speedier trial by an order which was clearly per incuriam. in the circumstances, the ..... sri kumaraswamy, some of these cases also, lands came to be granted by the competent authority under the mysore cultivation of fallow lands act, 1951 (mysore act no. xvii of 1951). by a perusal of the preamble of the act, it is seen that it is with a view to bring fallow lands under cultivation in the state of mysore except bellary district, the ..... than the grantees belonging to scheduled castes and scheduled tribes. but we should not lose sight of the object sought to be achieved under the act. the preamble of the act provides for that. it says:'an act to provide for the prohibition of transfer of certain lands granted by government to persons belonging to the scheduled castes and scheduled tribes in the state ..... classification has a clear nexus to the object sought to be achieved.....'thus the supreme court also has noticed having regard to the preamble of the act that a special benefit is sought to be conferred upon these sections of the people to prevent their exploitation. therefore, the interpretation of rule 43j should be to give effect .....

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Oct 12 2007 (HC)

Central Bureau of Investigation Represented by Its Superintendent of P ...

Court : Karnataka

Reported in : 2008(2)KarLJ656; ILR2008(1)Kar1144; 2008(2)KLJ666; 2008(1)KCCR248; 2008(3)KCCRSN235; 2008(1)AIRKarR144; 2008CriLJNOC332; 2008(2)AICLR612

..... dspe act is required, i think it would be proper to consider the preamble and the provisions of the p.c. act.7. the preamble of the pc act, 1988, reads:an act to consolidate and amend the law relating to the prevention of corruption and for matters connected therewith.the act came into force on 9th september 1988, by repealing the provisions of the pc act, 1947 and the criminal law amendment act, 1952 ..... and by the provisions of section 31 of the pc act, 1988, the provisions to ..... the repeal of pc act, 1947, was with a purpose to ..... sections 161 to 165-a of the ipc were omitted in view of the inclusion of the said provisions under this act. the enactment and .....

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Dec 20 2019 (HC)

Sri Vishwanath H M Vs. Government of Karnataka

Court : Karnataka

..... or scheduled castes or scheduled tribes. article 15 as originally enacted did not contain article 15(4). it was inserted by the constitution first amendment act, 1951 as a result of the decision in the case of state of madras v. champakam dorairajan [air1951sc226:1951. scr525 setting aside reservation ..... or scheduled castes or scheduled tribes. article 15 as originally enacted did not contain article 15(4). it was inserted by the constitution first amendment act, 1951. 34 39. he also draws the attention of the court to the special report-2000 submitted by the karnataka state commission for backward ..... arguments were also addressed with respect to the validity of the forty-second amendment act.54. the court in i.r. coelho case [(2007) 2 scc1 affirmed the view taken in waman rao [(1981) 2 scc362 that the acts inserted in the ninth schedule after 24-4-1973 would not receive full ..... [1995 supp (2) scc549 the question arose whether the alienation of the lands assigned to the scheduled tribes was valid in law?. in that context, considering the preamble, the directive principles and the fundamental rights including the right to life assured by article 21 of the constitution, this court had ..... enactment of fema (fema did not regard its violation of criminal offence) an act where no punitive detention (arrest and prosecution) is even contemplated or provided under law, such an act cannot be made the basis for preventive detention and any law declaring it to be prejudicial to the interest of state .....

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Nov 05 1986 (HC)

S.M. Pattanaik Vs. Secretary to Government of India

Court : Karnataka

Reported in : ILR1986KAR3954; (1987)IILLJ113Kant

..... and 323b of the constitution, which were introduced into the constitution by section 46 of the constitution 42nd amendment act, 1976 as also to set out the salient aspects of the act. the two articles read : administrative tribunals : '323a (1) parliament may, by law, provide for the adjudication or trial by the administrative tribunals of disputes and complaints with respect to recruitment ..... no corresponding clause in article 323a or 323b. any other view would result in affecting the basic structure of the constitution and consequently section 46 of the constitution 42nd amendment act, which introduced articles 323a and 323b into the constitution, itself would be liable to be struck down as affecting the basic structure of the constitution, for, judicial ..... 227 is of wider ambit : it does not limit the jurisdiction of the high court to the hierarchy of courts functioning directly under it under the civil procedure code and criminal procedure code but it gives the high court power to correct errors of various kinds of all courts and tribunals in appropriate cases. needless to add that errors as to the ..... the establishment of administrative tribunals for the purpose of adjudication of disputes and complaints relating to recruitment and conditions of service of civil servants as clearly indicated in the preamble. therefore, the jurisdiction, power and authority conferred on the tribunal must necessarily fall within the scope and ambit of article 323a of the constitution. in other words, .....

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Jan 20 2012 (HC)

Sri S.M. Krishna Son of Sri S.C. Mallaiah. Vs. the State of Karnataka ...

Court : Karnataka

..... of corruption act. 1988 states that no court shall take cognizance of an offence punishable under sections 7, 10, 11 ..... may pass upon any person convicted by him any sentence authorised by law for the punishment of the offence of which such person is convicted. (6) a special judge, while trying an offence punishable under this act. shall exercise all the powers and i unctions exercisable by a district judge under the criminal law amendment ordinance, 1944 (ordinance 38 of 1944)." section 19 of the prevention ..... " received the assent of the president on 16.01.1985 and brought into force with effect from 15.01.1986. 30. the prevention of corruption act, 1988. preamble of which reads fhus:- "an act to consolidate and amend the law relating to the prevention of corruption and for matters connected therewith" was brought into force with effect from 09.09.1988. 31. we could see ..... are held by one person the powers get delegated to a single person. it is stated that during 2000-2006. except the period from 26/9/2001 to 12/9/2005. the managing director was holding delegated by the board. instead of giving scope for exercise of such vast financial powers under items 35 and 37 by a single person, the .....

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Jul 22 2014 (HC)

Sudhakar Hegde and Others Vs. State of Karnataka and Others

Court : Karnataka

..... -(l)") expressed certain doubts on the correctness of the law stated in sant joginder singh (supra) and referred the matter to a larger bench. the bench in girnar traders-i (supra) felt that there were go(.d reasons for reading the provisions introduced by the land acquisition (amendment) act, j984 (hereinafter referred to as the "central act 68 of 1984") into chapter vii of the ..... road' (prr), the respondents are said to have prepared a draft publication, which is said to have been provisionally approved by the state government, on 10.6.2005, under section 12 of the ktcp act. the same is said to have been kept on public display, inviting suggestions and objections, if any. ?? according to the petitioners, the bda is said to have ..... the land belonging to the petitioner and etc; this writ petition filed under article 226 of the constitution of india praying to declare that first preliminary notification dated 23.9.2005 for acquiring the schedule land at serial no.499 for the formation of peripheral ring road (prr) between tumkur road - old madras road - hosur road in the outskirts of bangalore ..... ", could be read into the prevention of corruption act, 1947. though it was held that the 1947 act dealt with a specific offence of "criminal misconduct", while the penal code dealt with 'bribery' and were not in pari materia still, it was held that having regard to the preamble and object of the prevention of corruption act, 1947 and the penal code, there could be .....

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Jul 22 2014 (HC)

Sri Sudhakar Hegde Vs. State of Karnataka

Court : Karnataka

..... referred to as girnar traders-(1) ) expressed certain doubts on the correctness of the law stated in sant joginder singh (supra) and referred the matter to a larger bench. the bench in girnar traders-i (supra) felt that there were good reasons for reading the provisions introduced by the land acquisition (amendment) act, 1984 (hereinafter referred to as the central act 68 of 1984 ) into chapter ..... road (prr), the respondents are said to have prepared a draft publication, which is said to have been provisionally approved by the state government, on 10.6.2005, under section 12 of the ktcp act. the same is said to have been kept on public display, inviting suggestions and objections, if any. 105 according to the petitioners, the bda is said to ..... of peripheral ring road (prr) between tumkur road old madras road hosur road in the outskirts of bangalore city which has been published in the karnataka gazette dated 27.9.2005 at annexure-e and final the state of karnataka, represented by chief secretary, government of karnataka, vidhana soudha, bangalore 560 001. 52 sri. narasimha murthy, aged about 43 years, son ..... , could be read into the prevention of corruption act, 1947. though it was held that the 1947 act dealt with a specific offence of criminal misconduct , while the penal code dealt with bribery and were not in pari materia still, it was held that having regard to the preamble and object of the prevention of corruption act, 1947 and the penal code, there could be .....

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