Court : Mumbai
Reported in : AIR1947Bom361; (1947)49BOMLR352
..... section 5 of the criminal-law amendment ordinance xxix of 1943, allotting the trial of the offence to the second special tribunal at lahore, has not ceased to be operative by reason of the provisions of sub-section (3) of section 1 of the india and burma (emergency provisions) act, 1940, as that ordinance and the notification under it were issued 'during the period specified ..... is to say the war, was declared to be april 1, 1946. hence the defence of india act and the rules and orders made thereunder ceased to be in force after september 30, 1946. moreover, the act deals with many matters enumerated in the provincial legislative list, and hence in the preamble to the act it is expressly recited that it was being passed in ..... of 1946. this is undoubtedly so and that part of the schedule to that act which purports to allot to the tribunal the trial of the offence committed outside this province is ultra vires. but in fact that was superfluous. the preamble to the bombay act shows that it was thought necessary by reason of the mistaken assumption that ordinance xxix of 1943 ..... would wholly expire on september 30, 1946, and the act was intended to clear the doubts on the point. but as already pointed out the ordinance .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1992SC522; JT1991(4)SC361; 1991(2)SCALE1049; Supp2SCR497
..... filed by a private individual pending in the court of special judge, greater bombay and transferring the same to the high court of bombay in breach of section 7(1) of the criminal law amendment act, 1952 (which mandates that the offences as in the said case shall be tried by a special judge only) thereby denying at least one right of appeal to the ..... , agree with the contention that it is not necessary to answer the first part of question 3. the context in which all the questions are referred to us and the preamble of the reference amply bear out that the questions have been raised against the background a particular set of facts. these facts have no bearing on the first part of ..... in respect of any dispute or complaint for the adjudication of which the provision is made in such law. we have also noted that section 11 of the inter-state water disputes act makes such a provision.13. the said act, as its preamble shows, is an act to provide for the 'adjudication of disputes relating to waters of inter-state rivers and river valleys ..... government to make it effective. the first question refers to the constitutional validity of the karnataka ordinance (now the act). although this question does not specifically refer to the cauvery water dispute or the interim order passed by the tribunal, the preamble of the said statute leaves no doubt that it is concerned with 'the protection and preservation of irrigation in irrigable .....Tag this Judgment!
Court : Kerala
Reported in : 1996CriLJ757
..... preamble of the new act (act 49/1988) makes it clear that the intention was to consolidate and amend the law relating to the prevention of corruption and for matters connected therewith. this clearly shows that the legislature was alive to the fact that the provisions under chapter ix of the penal code, 1860, prevention of corruption act, 1947 (act 2 of 1947) and the criminal law amendment act, ..... in article 20 of the constitution of india and incorporated a repeal and saving provision in section 30 of the new act which reads as follows :'30. repeal and saving.- (1) the prevention of corruption act, 1947 (2 of 1947) and the criminal law (amendment) act, 1952 (46 of 1952), are hereby repealed.(2) notwithstanding such repeal, but without prejudice to the application of section ..... 6 of the general clauses act, 1897 (10 of 1897), anything done or any action taken or purported to have been done ..... would be noticed that the scheme of this section is different from that of section 197 of the code of criminal procedure. the requirement of the first part of section 197(1) which constitutes a sort of preamble to the provisions of section 197(1) (a) and (b) respectively, has been introduced by section 6 severally in clauses (a) and (b). .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1953Cal263,56CWN875
..... the governor-general of india, under powers conferred upon him by section 72, government of india act, promulgated an ordinance known as 'the criminal law amendment ordinance 1943 (ordinance xxix of 1943).' this ordinance came into operation on 11-9-1943. the preamble of the ordinance recites 'whereas an emergency has arisen which makes it necessary to provide for the ..... . section 4 -- 'composition of special tribunals'. -- 'a special tribunal constituted under this ordinance shall consist of three members.........' section 5 -- 'cases triable by special tribunals'.-(1) the special tribunals shall have jurisdiction to try the cases respectively allotted to them in the first schedule in respect of such of the charges for offences specified in the ..... longer. 73. 'the west bengal criminal law amendment act, 1947--(west bengal act 7 of 1947)'--came into operation on 1st january 1948. this act continued the provisions of ordinance 9 cf 1947 and contained provisions similar to the original ordinance. 74. section 4 of the act runs as follows: 'cases triable by special tribunals-(1) the provincial government may from time ..... /- b. k. guha, secretary.' coming now to ordinance i of 1950, and act 9 of 1950 which continues its operation, we find that they define 'the principal ordinance' as the criminal law amendment ordinance, 1943 as modified by the special tribunal (continuance) act, 1946 (i.e. act 12 of 1946), and amend sub-section (1) of section 4 of the 'principal ordinance' by reducing the .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1961Cal560,1961CriLJ617,65CWN977
..... cases nos. 1545 to 1548 of 1959 (cal). 42. a point was raised before us in course of argument to the effect that the amendment which was made in section 5(1) of the west bengal criminal law amendment act on 1st february 1961 by inserting after the words 'cognizance of offences' the words 'in the manner laid down in clauses (a) and (b) ..... questions raised in this reference should be answered in the way my lord mr. justice p.b. mukharji has answered them. i wish, however, to add a few words of my own.51. the preamble of the west bengal criminal law amendment (special courts) act, 1949 recites the expediency of speedy trial in the public interest of certain offences specified in the schedule to the ..... by magistrates instituted otherwise than on a police report. (section 5(1)). the expression 'instituted otherwise than on a police report' was inserted by the west bengal criminal law amendment act, 1956, (west bengal act xxvi of 1956) which came into force on the 24th august, 1956.66. section 5(1) of west bengal act xxi of 1949 provides 'a special court may take cognizance of ..... 2) of the act, before its amendment by the west bengal criminal law amendment (special courts) (amending) act, 1960 prescribing the methods of taking cognizance under section 190 (1) (a) and (b) of the criminal procedure code.4. the determination of this question involves a survey and analysis of the scheme of the main provisions of this statute. this statute in its preamble states that it is 'an act to provide for .....Tag this Judgment!
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 .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1963SC765; Supp(1)SCR953
..... ayyangar, j. 1. this appeal raises for consideration the proper construction of sections 4 and 5 of the west bengal criminal law amendment (special courts) act, 1949 (w.b. xxi of 1949) to which we shall refer as the act. the preamble to the act recites that it was enacted to provide for the speedy trial of the offences specified in the schedule. section 2 empowers the state government ..... full bench and before the hearing of the reference, the west bengal legislature enacted act xxiv of 1960 - the west bengal criminal law amendment (special courts) (amending) act, 1960. section 2 of this enactment effected changes in s. 5 of the act as extracted earlier, so that after the amendment it read : 's. 5(1). a special court may take cognizance of offences in the manner laid down in ..... accordingly the matter was referred for the consideration of a full bench. the questions referred were : (1) does the special judge appointed under the west bengal criminal law amendment (special courts) act, 1949, to whom a case has been allotted by notification u/s 4(2) of the act need a petition of complaint for taking cognizance of the case or does he take cognizance when .....Tag this Judgment!
Court : Madhya Pradesh
Reported in : 1996(0)MPLJ141
..... governed by section 193 of the code. it is not a court of the type contemplated in criminal law amendment act, 1952 or other statutes. the act does not contain any provision of the nature contained in analogous act laying down either that a special court can take cognizance on a police report or a complaint ..... has no significance in view of the legislative scheme and the amplitude of the expressions 'trial' and 'try'.7. the preamble of the act states that this is an act to prevent commission of offences of atrocities against the members of the scheduled castes and scheduled tribes, to provide for special courts ..... code and thereafter a complaint should be forwarded to the competent magistrate. in that connection, the court observed that 'enquiry' as defined in section 4(1)(k) of the old code does not include trial. in tuneshwar prasad singh and anr. v. state of bihar, air 1978 patna 225, committal proceeding ..... becomes a magistrate, the court observed :'this is the fallacy of the whole approach. in fact, in order to give full effect to section 8(1), the only thing to do is to read special judge in sections 238 to 250 wherever the expression 'magistrate' occurs. this is what is called ..... of session because it can take cognizance of offences without commitment as contemplated by section 193, criminal procedure code. undoubtedly, in section 8(3), it was clearly laid down that subject to the provisions of sub-sections (1) and (2) of section 8, the court of special judge shall be deemed to be .....Tag this Judgment!
Court : Orissa
Reported in : AIR1958Ori168; 1958CriLJ1055
..... v. attorney-general of new south wales, 1891 ac 455 (r), lord halsbury gave a restrictive interpretation to the wide words 'whosoever' and 'wheresoever' occurring in section 54 of the criminal law amendment act, 1883 of new south wales (australia) by adding some qualifying words on the principle of comity which confines the operations of a statute within the territorial jurisdiction of the enacting ..... the other sub-sections of that section and also the preamble and the long title of the act. pu parcq, l. j.'s observations are worth quoting :'it is of course impossible to construe particular words in an act of parliament without reference to their context and to the whole tenor of the act. i should be prepared to agree with the counsel for the ..... intended to remedy.'again, at page 462 of the report he says :'now i do not deny that it is impossible that words of this ..... duty to examine every word of a statute in its context, and i use 'context' in its widest sense, which i have' already indicated as including not', only other enacting provisions of the same statute, but its preamble, the existing state of the law, other statutes in pari materia, and the mischief which i can, by those and other legitimate means, discern the statute was .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1978SC188; 1978CriLJ138; (1978)1SCC173; 2SCR382; 1978(10)LC30(SC)
..... sections 120b/420/379/ 466/468/471. i.p.c. against several accused including the respondents who happened to be public servants at the material time. the state government issued a notification no. 3165-j on 8-4-1970 under section 4 of the west bengal criminal law amendment (special courts) act (hereinafter referred to as the act) allotting the said case for trial to the ..... third additional special court, calcutta constituted under the provisions of the said act for trial, of the offences mentioned in the schedule to that act. there is no dispute about the particular order of allotment of ..... canvassed before it in ajit kumar palit v. state of west bengal  supp. (1) s.c.r. 953. this court held on the terms of the provisions of the un-amended section 5(1) of the act as follows :-the word 'cognizance' has no esoteric or mystic significance in criminal law or procedure. it merely means- become aware of and when used with reference to ..... these appeals to the cognizance of the offences by the special judge under the act. as the preamble shows, the act provides for the more 'speedy trial 'and more effective punishment of certain offences specified in the schedule thereto. section 4(1) of the act provides that notwithstanding anything contained in the crpc 1898 or in any other, the offences specified in the schedule shall be .....Tag this Judgment!