Court : Chennai
Reported in : 1968CriLJ256
..... fides of the investigation as against apprehensions of frivolous and vexatious prosecution. i see no warrant whatsoever for imposing any such limitation as to the area of jurisdiction, whether it is for the period of 1947-52 till the criminal law (amendment) act of 1952 or thereafter. the position after the criminal law (amendment) act of 1952 is a fortiori and it is impossible to fit into ..... or an assistant sessions judge. a magistrate of the first class has no place in sections 7 and 8 of the criminal law amendment act. the special judge may take cognisance of cases himself under circumstances as provided under the criminal law amendment act. but under the scheme of section 5-a in the matter of investigation he is nowhere in the picture.the magistrate ..... 5-a was put in these terms by the supreme court in : 1959crilj920 :the act was passed, as the preamble indicates, to make more effective provisions for the prevention of bribery and corruption among public servants. it introduced a defintion of the offence of criminal misconduct in discharging an official duty and new rules of presumption against accused in the case ..... of the said offence. but in the year 1952, by act 59 of 1952, presumably on .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1930Cal759,129Ind.Cas.366
..... l.j. 553, which however only decided actually that where a magistrate had committed an accused for trial to the high court under the provisions of the criminal law amendment act 1908, barristers would have the exclusive right of audience before the special tribunal at the trial of such cases in the high court. the reasons for the ..... may be expedient to exercise it in or in relation to any one of those jurisdictions. as regards the nature of such proceedings taken in contempt, i do not consider it necessary or desirable to lay down any general rule that such proceedings must necessarily and exclusively fall under any particular one of the ..... jalpaiguri' and 'bichar' and why he should not pay the costs.2. the articles related to the trial of certain accused persons under section 124-a, i.p.c., which started in november 1929, and went on until february 1930. on 28th february they were found guilty and sentenced, and on 7th march they ..... the matter is now governed by the provisions of the contempt of courts act 1926, enacted, as the preamble states, because doubts had arisen as to the powers of a high court to punish contempts of subordinate courts. section 2(1) of the act, so far as material, provides that:the high courts of judicature established ..... : see per jankins, c.j. in legal remembrancer v. motiial ghose (1914) 41 cal. 173 at p. 215. on the other hand i am not satisfied that that must be the exclusive way of dealing with such a matter as an application in contempt. upon the whole .....Tag this Judgment!
Court : US Supreme Court
..... had been passed by the time of the enactment of the general competency statute. see 56 hansard, parliamentary debates, 4th series, pp. 977-978. the most important was the criminal law amendment act of 1885, 48 & 49 vict., c. 69, which made defendants competent in certain felony prosecutions. most of the other statutes involved offenses created by regulatory legislation, which ..... of the australian development, see 6 res judicatae 60. the statute in northern ireland is the criminal evidence act (northern ireland); the irish statute is the criminal justice (evidence) act. for the indian statute, see code of criminal procedure (amendment) act, 1955, 61, in 42 a.i.rep. (1955), indian acts section p. 91. [ footnote 9 ] opposition on this score was marked in great britain. ..... said one member of parliament in the 1898 debates: "[w]hy is this change to be made in the law? the english revolution ..... discard the incapacity of both witnesses and parties in civil cases. for an account of the development in the united states, see 2 wigmore, pp. 686-695. the preamble to the 1866 georgia legislation expressed the legislative aim in extending competency: "whereas, the inquiry after truth in courts of justice is often obstructed by incapacities created by the .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1959All149; 1959CriLJ268
..... , the argument was that the trial should have been before a special judge appointed under the criminal law amendment act (xlvi of 1952) and not, as it actually was, by a jury before a sessions judge. 14. this act seeks, as its preamble says, to amend the indian penal code and the code of criminal procedure and to provide for a more speedy trial of certain offences. it ..... any magistrate shall be transferred to the appropriate special judge. 15. order of commitment under section 212, code of criminal procedure, was in this case passed on 1-3-1952. the criminal law amendment act came into force on 28-7-52. the state government first appointed the district and sessions judge of kanpur as special judge for that district by notification no. 1953/vi ..... decisions. 18. that objection in the present case appears to be devoid of merit. i have already enunciated the relevant legal propositions as i understand them. the above cited procedural provision regarding the case being triable by the special judge only, contained in section 7(1) of the criminal law amendment act, would be applicable provided its retrospective application had not already become barred. it would only ..... 24-11-1945 to 31-3-1946. 8. control on scrap iron lasted till 31-12-1945, the date on which talwar handed over charge to chari. with effect from 1-1-1946, scrap iron was decontrolled, vide the general authorisation order, ex. p301 dated 12-12-1945, issued by the controller along with the letter ex. 302 of even date to .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1959SC1124; 1SCR39
..... this contention, he relied upon the decision of this court in state of madras v. v. g. row (1). that decision was concerned with the question whether s. 15(2)(b) of the indian criminal law amendment act, 1908 (14 of 1908), as amended by the indian criminal law amendment (madras) act, 1950, was unconstitutional and void. it was contended in that case that the said provision fell within the ..... not restate them except to notice a few relevant and material facts. the essential commodities act, 1955 (act 10 of 1955), was enacted for the purpose mentioned in the preamble to that act. in exercise of the powers conferred by s. 3 of the said act, the central government issued an order dated august 27, 1955, called the sugar (control) order, 1955. under r. 5 ..... reenacting its provisions and also providing that anything done under the ordinance would be deemed to have been done under the act as if it had come into force when the ordinance had been promulgated. as appears from its preamble, the act was intended to provide for the export of sugar in public interest and it set up a machinery for that purpose ..... . i will summarise here the main provisions of the act. section 3 empowers the central government to specify a company or other body corporate as .....Tag this Judgment!
Court : Kerala
Reported in : 2008(I)KLJ203
..... incorporated only as a means for speedy recovery of a civil dispute. sections 138 - 142 was inserted by the banking public financial institutions and negotiable instruments laws (amendment) act, 1988. the objects, reasons and preamble of the above act show that apart from providing a speedy remedy, the object of bringing section 138 on the statute appears to be to inculcate faith in the efficacy ..... rs. 25,000/- under section 357(3) of cr.p.c. thereafter this petition was filed in may 2007 under section 482 of the code of criminal procedure by the accused petitioner for the following reliefs: 1) to accept the compounding application jointly filed by the parties and (2) to return the fine amount of rs. 5,000/- already deposited before the ..... of the n.i. act when first application was filed in the appeal and conviction and sentence passed by the revisional court was set aside. this order ..... . in k. kandasamy and anr. v. k.p.m.v.p. chandrasekharan 2005 air scw 2460 honourable supreme court in a pending matter accepted compounding of the offence after confirmation of the same by revisional court. in sailesh shyam parsekar v. baban alias vishwanath s. godge and anr. 2005 air scw 3358. apex court allowed the compounding of offence under section 138138 .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1952Cal644,56CWN701
..... after the records have been received. this course has been taken to avoid undue delay.6. the west bengal criminal law amendment (special courts) act, 1949 is entitled 'an act to provide for the more speedy trial and more effective punishment of certain offences.' the preamble reads. 'whereas it is expedient to provide for the more speedy trial and more effective punishment of certain offences ..... no. 2072j., dated april 21, 1950 the case was allotted to the special court of the special judge of alipore for trial under the provisions of section 4(1), west bengal criminal law amendment (special courts) act, 1949.3. on 25-7-1950 a petition of complaint was filed before the special judge charging the petitioners with offences under the sections which ..... , any offence punishable under any order made or deemed to be made under the essential supplies act is included in the schedule and these cases are constantly being prosecuted in the ordinary courts of the land. if section 4(1), west bengal criminal law amendment (special courts) act, 1949 was mandatory then the government would be bound to allot each and every one of ..... under article 228 of the constitution of india in order that this court should decide a constitutional point involved in the case, namely, whether section 4(1) of the west bengal criminal law amendment (special courts) act, 1949 was ultra vires the constitution and whether in consequence the special judge had any jurisdiction to hear and decide the case.2. at the instance .....Tag this Judgment!
Court : Kolkata
Reported in : 54CWN394
..... in the same manner when it deprives a citizen of his fundamental right of freedom.10. next, let us consider in further detail the provisions of section 2, bengal criminal law amendment act. section 2 (1) (i) renders a person liable to committal to custody in jail if he was at any time a member of an association of the kind described in the section or ..... the operations of an association of which the objects and methods include--the commission of offences included in schedule 1 to the bengal criminal law amendment act, 1930 (bengal act vi  of 1930).the governor, in exercise of the powers conferred by section 2, bengal criminal law amendment act, 1930 (bengal act vi  of 1930), is pleased to make the following order :'it is quite clear from this order ..... law is a preventive measure. section 2 of the act, which is the most important section in the act and which gives powers of detention to the provincial government does not say that ..... preventing a person from doing something which the legislature thinks should not be done. nowhere in the act do we find any expression which indicates that the law is designed for the purpose of preventing a person from doing any thing. we have set out the preamble in the earlier part of the judgment and it contains nothing which would indicate that the .....Tag this Judgment!
Court : Jammu and Kashmir
..... : (a) accomplice (b) hostile witness (c) approve (d) hostile accomplice insofar as question no. 4 is concerned, same has been set to see whether the candidate is aware of criminal law (amendment) act, 2013 wherein the detention period for newly included offences can be 90 days. since the question itself uses words 90 days , it excludes all those offences for which detention can ..... to be out of syllabus by the appellants, were from the constitution of india and civil procedure code. these questions and their answer options read thus:- question no. 10 as per the preamble of the constitution, india is a:- (a) sovereign, communist republic, (b) socialist, communist republic, (c) sovereign, socialist, secular, democratic republic, (d) communist and constituent state. question no. 11 federalism ..... there may not be candidates available to fill up the reserved category vacancies. 19. the learned advocate general has argued that rule 7 of the jammu and kashmir reservation rules, 2005 has been strictly adhered to and it is not compulsory to call candidates from each category at the threshold and the reservation rules can be complied with at the time ..... purpose of short listing the candidates for interview the following criteria will be followed:- the number of candidates to be called for vivavoce shall be in the ratio of 1:3 i.e. three candidates for each category plus those additional candidates who have secured marks equal to the last candidate in the respective categories. 22. it is also the .....Tag this Judgment!
Court : Jammu and Kashmir
..... correct but same is repelled by learned counsel for respondents by stating that answer (a) i.e. sexual intercourse committed by a person in authority was the right answer. in this connection, learned counsel referred to section 12 of the jammu and kashmir criminal laws (amendment) act, 2013. section 376-c begins with the heading sexual intercourse by a person in ..... and enforcement of security interest act, 2002.23.disaster management act, 2005ii) local and special laws:s. no.act1.cinematograph act, 1989.2.contempt of courts, 1997.3.egress and internal movement control ordinance, 2005 (eimco).4.enemy agents ordinance, 2005.5.excise act, 1958.6.forest act, 1987.7.identification of prisoners act, 1994.8.official secrets act, 1977.9.police act, 1983 (1927 a. d ..... of questions is such which even otherwise fall within the ambit of current affairs pertaining to laws and their implementation. 12) next learned counsel for ..... under: the relevant issues(especially current affairs) pertaining to laws, their implementation....reaction from society, judiciary, media and other pressure groups, and critical analyses thereof. in addition thereto, it is also highlighted that the preamble of the constitution of india is also referred to in various minors act as are included in the syllabus notified. then the nature .....Tag this Judgment!