Court : Rajasthan
Reported in : 1957CriLJ96
..... in article 14 of the constitution and therefore the entire trial by the special judge was void and without jurisdiction. 6. section 6, criminal law amendment act runs as follows: --'6(1), the state government may, by notification in the official gazette appoint as many special judges as may be necessary for such area or areas as may be specified in the ..... he is, or has been, a sessions judge or an additional sessions judge or an assistant sessions judge under the code of criminal procedure, 1898 (act 5 of 1898)'. 7. it may be pointed out in this connection that the preamble of this act says that it was being enacted to provide for a more speedy trial of certain offences. section 2 of the ..... act provides for a higher punishment for an offence under section 165 than was originally prescribed in the penal code. section 3 enacted a new section ..... the court of the special judge where they may be pending in the court of any magistrate at the time of the commencement of the act. this is a brief resume of the provisions of the criminal law amendment act. 8. the net result of these provisions, to my mind, clearly is that offences under sections 161, 165 or 165a, penal code, or the offence .....Tag this Judgment!
Court : Rajasthan
Reported in : 1961CriLJ406
..... section 178a is available in criminal prosecutions under the act. he also contended that the aforesaid observations made in pukhraj's case 61 bom: lr 1230, are obiter. the reasoning of their lordships was as follows:mr. parpia has drawn our attention to the preamble of the act, which states that the object of the act was to consolidate and amend the law relating to the levy ..... 187-a which was added in 1955 by the sea customs (amendment) act no. 21 of 1955 provides that no court shall take cognizance of any offence relating to smuggling of good is punishable under item 8.1 of section 167 except upon complaint in writing made by the chief customs officer or some other officer not lower in rank than an assistant ..... bench decision of this court in chauthmal v. state of rajasthan . in that case the government had superseded a municipal in exercise of powers under section 203(1) of the rajasthan town municipalities act.the pre-requisite for the exercise of such powers was the subjective satisfaction of the government that the municipal board is not competent to perform, or persistently makes ..... section is only applicable to articles which can be easily smuggled.10. the contention on behalf of the applicant is that section 178a violates the rights guaranteed under article 19(1)(f) and (g) of the constitution namely, the right to acquire, hold and dispose of property and to practise any profession or to carry on any occupation, trade or business .....Tag this Judgment!
Court : Rajasthan
Reported in : 1987WLN(UC)599
..... evidence available on record their bail may have to be refused in bailable offence. this obviously would not only be against the code of criminal procedure but would also frustate the law. i am, therefore, firmly of the opinion that special courts created under the act, while dealing with the scheduled offences as given in the schedule, will only consider those offences under the ..... 2(c) in hindi and english obviously carries a different meaning and the one given in hindi is nearer to the intention of the legislature as given in preamble of the special courts act have been created to effectively deal with all the situations created in the dacoity affected areas in relation to commission of dacoities and the offences connected therewith. the ..... carries a different meaning than the one given in english version, he has further submitted that the state government is aware of the ambiguity created and a suitable amendment in the statute has been suggested so that the underlying object in bringing the act may be effectively brought forward and he stated that the state government has in principle agreed to bring ..... amendment which is likely he brought in the next session of the assembly.4. mr. biri singh, learned counsel for the complainant concedes to the legal position.5. i have heard learned counsel for the parties and perused the provisions of law before dealing with the provisions it would be worth while .....Tag this Judgment!
Court : Rajasthan
Reported in : RLW2004(2)Raj1297; 2004(2)WLC395
..... juvenile in conflict with law in view of section 2(1) means a juvenile, who is alleged to have committed an offence. from the preamble of the jj act it appears that the said act was enacted to consolidate and amend the law relating to juveniles in conflict with law i.e. juvenile who are ..... alleged to have committed the offence. although the definition of 'juvenile' does not indicate that this age is to be seen on the date of occurrence but from the intention of legislature as appeared from the preamble ..... 28 years of age, there is no question of the appellant now being sent to an approved school under the u.p. children act for being detained there'.12. for the reasons aforementioned, we partly allow the appeal. while maintaining the conviction of the appellant under ..... revision no. 407/96, was february 26, 1980 and the incident occurred on july 16, 1995, therefore it can safely be held that the appellant was juvenile on the date of the incident and could not have been sentenced according to section 20 of jj act. ..... 1), propounded that crucial date to determine whether the accused is a juvenile or not, is the date on which the offence was committed.9. instant appeal comes within the definition of pending eases in view of rule 62 (2) of the jj rules. the date of birth of the appellant as observed by the high court in criminal .....Tag this Judgment!
Court : Rajasthan
Reported in : AIR1952Raj7
..... been constituted under the rajasthan high court ordinance (ordinance no. xv of 1949), promulgated by the rajpramukh of rajasthan after the integration of the various covenanting states, and in the preamble of the ordinance, the high court of rajasthan has been declared to be a 'court of record'. the chief court of jodhpur was constituted in 1912 by the maharaja regent ..... to the raj pramukh or, as the case may be, to the government of rajasthan.'sub-section (2) of this section makes it clear that the word 'law' referred to in sub-section. (1) means'any act, ordinance, regulation, rule, order or bye-law which, having been made by a competent legislature or other competent authority in a covenanting state, has the force of ..... barred by time.8. it was argued that the plaintiff should be given an opportunity in this case to amend his plaint so as to bring forth the original cause of action.9. it is possible that in the view of law taken by the jodhpur chief court the plaintiff and his lawyer may have been misled into drafting the plaint in ..... was also pointed out that under the constitution of the high court of the united state, it was laid down that'the high court shall apply the laws and usages prevailing in any state forming part of the united state to civil, criminal and other proceedings in that state till such time as the duly constituted authority modifies them',and the term .....Tag this Judgment!
Court : Rajasthan
Reported in : AIR1965Raj98
..... in consequence of such amendment.the courts will lean against any presumption that a consolidation act was intended to alter the common law. in nolan v. clifford, (1904) 1 clr 429 speaking of the crimes act, 1900 (no. 40), of the new south wales, griffith c. j. said: 'this is described to be an act to consolidate the statutes relating to criminal law. there is nothing to ..... is nothing to suggest that they intended to make an important alteration in the common law on a matter materially affecting the liberty ..... indicate that the legislature intended to make any substantial alteration in the law. it is intituled an act to consolidate the statutes. there ..... really intended to achieve was that the aggrieved party shall have no right lo go further. the preamble of the 1959 act shows that it is a law to consolidate and amend the law relating to municipalities in the state of rajasthan and in construing the act which is in the nature of a consolidating measure we should not presume that the legislature intended to .....Tag this Judgment!
Court : Rajasthan
Reported in : 1996CriLJ2015; 1996(1)WLC413
..... chief justice.3. we have heard the learned counsel for the parties.4. the code, as can be seen from the preamble thereof, was enacted by parliament to consolidate and amend the law relating to criminal procedure. according to section 4 of the code, not only all offences under the indian penal code have to be investigated, ..... summoned to produce any records on which the report is based.(3) without prejudice to the provisions of sections 123 and 124 of the indian evidence act, 1872 (i of 1872), no such officer shall, except with the permission of the master of the mint or the india security press or the controller of ..... and to facilitate the removal of obstruction in the speedy trial and is based on the rule of evidence contained in section 58 of the evidence act that the facts admitted need not be proved. if it is held that such a document can be used in evidence only for the purposes mentioned ..... been admitted in evidence, can be read by the court for the purpose of deciding the issue before it. sections 67 to 71 of the evidence act prescribe the mode of proof of the documents and sections 292 to 294 of the code permit the admission of certain documents into evidence without following the ..... 10, could not be read as substantial evidence and could be used only for the purposes mentioned in sections 145, 157 and 159 of the evidence act and that once the post mortem report went out of the consideration, the conviction could not be sustained. reliance was placed on a division bench judgment .....Tag this Judgment!
Court : Rajasthan
Reported in : 2007CriLJ4638; RLW2007(4)Raj2999
..... apparently in the present case about applicability of the amending act' in case where sentence has been passed prior to amendment and no appeal has been filed after the amendment, then the court should give that interpretation which is in furtherance of the intention of the legislature given under its preamble or statement of objects & reasbns, i am fortified with the observations made by the hon ..... 1985. he was charged by the learned special judge accordingly to which he pleaded not guilty. the prosecution examined 16 witnesses. the statement of accused was recorded under section 313 crpc. he led no defence. after hearing the arguments, the learned special judge convicted & sentenced the accused in the manner as aforesaid.3. learned amicus curiae has not questioned the legality ..... post facto legislation. likewise, the spirit of article 21 of the constitution is that no person shall be deprived of life & liberty save by the procedure established by the law. when the law is silent or it gives such interpretation, which touches the liberty of a citizen, the courts should give such meaning to the statute which is beneficial to the accused ..... the protection given to an accused by virtue of clause (1) of articles 20 & 21 of the constitution. article 20(1) of the constitution opens with the words that no person shall be convicted of any offence except for violation of a law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty .....Tag this Judgment!
Court : Rajasthan Jaipur
..... embodies in the agreement, or by any effectual means. thus the gist of offence of criminal conspiracy is an agreement to break the law.25. sections 120a and 120b were brought on the statute book by way of criminal law amendment act, 1913. earlier to the introduction of sections 120a and 120b, conspiracy per se was ..... on the body of the deceased/injured is a trifle matter and is not a significant aspect to exculpate the accused from the criminality.45. all the eye witnesses i.e. pw-2 sanwar mal, pw-5 banwari, pw-6 omprakash and pw-9 mohan singh have categorically stated that bhebharam sustained ..... said statement was not signed by the injured (deceased) delhi high court discussing the provisions of section 162 cr.p.c alongwith section 32(1) of indian evidence act held as under: the plain reading of provisions of s.162 cr.p.c. makes it abundantly clear that a statement made by ..... 3 months, castes a serious doubt and can be stated to be an after thought concoction. therefore, i am in agreement with the learned counsel for the appellants that the fact of criminal conspiracy by accused kishan and madan cannot be said to have been proved beyond reasonable doubt.33. the second ..... was absconding and for whom the investigation had been kept pending, was arrested later. hence his trial was conducted separately and vide judgment dated 15.1.2002 he was also convicted and sentenced in the manner mentioned hereinabove.15. the impugned judgments were assailed on various grounds:a. the first submission .....Tag this Judgment!
Court : Rajasthan
Reported in : 1987WLN(UC)751
..... upto life imprisonment.16. the is no doubt, that inspite of the above two decisions of the hon'ble supreme court the parliament of this country by criminal law amendment act 43 of 1983 has prescribed minimum sentence of 7 years maximum of which may be even life imprisonment.17. this court in balmukund v. state (1952 ..... the above mentioned sentence was given.18. mr. soral, learned counsel for the appellant submits that the whipping act, has been abolished and the present tendency is to give minimum sentence.19. i find that the amendment of section 376 in 1983 shows that the legislature of this country, has not accepted the so called reformative ..... in many states 'rape' is treated as a very henious offence and the sentence extends upto death sentence. according to the encyclopedia of crime and justice (vol. i) macmillan, a black rapist was hanged in kantucky in 1936 in public. from 1930 to 1980, 455 convicts were given death sentence for rape in u.s ..... court and, he was treated by the court as of age of 17 to 18 years.12. the medical report mentions that he is not below 15-1/2 years and not above 17 years. the opinion of mr. modi so far as x-rays examination of joints of fusion of bones is concerned, ..... 8. mr. soral, learned counsel for the accused appellant pointed out that according to medical report of a accused the boy was reported to be above 15-1/2 years and below 17 years. the x-ray report shows the epiphysis lower end of redius and ulna not united. mr. soral, submits that according .....Tag this Judgment!