Court : Kolkata
Reported in : 6Ind.Cas.10
..... were arrested in february last on a charge of having committed an offence under section 400 of the indian penal code by belonging to a gang of dacoits. part i of the criminal law amendment act, 1908, has been applied to proceedings in respect of this offence by the local government, at what time is not stated, but no doubt before the 5th february. on ..... placed on the very wide power conferred on the sessions judge by this section is, for present purposes, that contained in section 14(1) of the criminal law amendment act of 1908; which is as follows:the provisions of the code of criminal procedure, 1898, shall not apply to proceedings taken under this part in so far as they are inconsistent with the special procedure prescribed ..... purpose, it is eliminated for another. the taking away of the normal power of the sessions judge to grant bail is also consistent with the speedy trial recited in the preamble. we have already held, in (revision case no. 2 of 1910), sourindru mohan chuckerbutty v. emperor 6 ind. cas. 8, that the power of this court to admit to bail ..... i of the act is prescribed in sections 3 to 12, and in essential feature of it is that there shall be a commitment by the magistrate directly to the high court, and the power of the sessions judge to try the case, which he would have were it not for the act, is taken away. this is consistent with the preamble of the act .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1983SC624; 1983CriLJ1052; 1983(1)Crimes1170(SC); 1983(1)SCALE487; (1983)3SCC307; 2SCR982
..... by the introduction of the directive principle of state policy embodied in article 39a by the constitution (forty-second) amendment act, 1976, and the enactment of sub-section (1) of section 304 of the crpc. it was in this case that the court observed that the american rule enunciated in the case of powell, ..... in aiming at the same goal of bringing about a social revolution and the establishment of a welfare state, which is envisaged in the preamble. the courts therefore have a responsibility in so interpreting the constitution as to ensure implementation of the directives and to harmonize the social objective ..... unable to get counsel, even though opportunity were offered, then the 'due process' clause in the fourteenth amendment required the trial court 'to make effective appointment of counsel'. this was new law, and so it was natural that the court would set careful limits for the new principle:whether this would ..... not comprehend the right to be heard by counsel. even the intelligent and educated layman has small and sometimes no skill in the science of law. if charged with crime, he is incapable, generally, of determining for himself whether the indictment is good or bad. he is unfamiliar with ..... the mandate in article 39a is addressed to the legislature and the executive but insofar as the courts of justice can indulge in some judicial law-making within the interstices of the constitution or any statute before them for construction, the courts too are bound by this mandate.9. read .....Tag this Judgment!
Court : Kerala
Reported in : (2005)194CTR(Ker)475; 278ITR165(Ker)
..... or meant for general public. the services of the society are limited to its members and it is meant to defend actions initiated under or in relation to consumer protection laws or criminal laws, such actions arising as a result of medical practice. it is meant to defend actions initiated by government or judicial forums also. therefore, the objects of the society cannot ..... is ext. p8 and that a revised application for registration under section 12a of the act was filed. i find that the cit with reference to the contentions of the petitioner, has noted that although subsequently preamble has been modified when it made amendment to the memorandum and bye-laws, in substance, the object of the society practically remains the same, that is, defend its ..... . the counsel also submits that the cit took the stand that the only object of the trust is to protect the erring members from the proceedings under the consumer protection act as also from prosecution for professional negligence, etc. the counsel also took me to the decision of the supreme court in addl. cit v. surat art silk cloth manufacturers ..... be held to be charitable. it is against public policy. in view of foregoing, i hold that medical accident prevention society is not entitled to registration under section 12aa (12a previously) of .....Tag this Judgment!
Court : Delhi
Reported in : (1986)IILLJ480Del
..... woven into the preamble. 7. article 19(1)(c) guarantees the fundamental right 'to form associations or unions'. article 21 provides that no person shall be deprived of his 'life' or personal liberty except according to procedure established by law. article 30, as it stands after its amendment by the constitution (forty-fourth amendment) act, 1978 is as under :- '30. (1) all minorities, ..... whether based on religion or language, shall have the right to establish and administer educational institutions of their choice. (1a) in making any law providing for the compulsory acquisition of any ..... and be incompatible with the fundamental right of the minority institution to administer its affairs is there a difference in the quality of intervention by the ordinary civil or criminal process, on the one hand, and by the process of industrial adjudication, through the intervention of the administration, on the other some of these questions have apparently ..... institutions concerned are neither recognised nor aided by the state what would be the comparative position of the regulatory power of the state in relation to the civil and criminal justice system operating in the country to which all citizens have access in their relations with each other, whether arising out of contract, tort or otherwise. whether .....Tag this Judgment!
Court : Gujarat
Reported in : (2004)3GLR502
..... 1) or (2) was to turn minority into majority, does not help the petitioners. the observations of the madras high court in v.g. row v. the state of madras, (air 1951 mad. 147) and of the supreme court in appeal there from [ air 1952 sc 196], in the context of the criminal law amendment act ..... issued by the government from time to time are not under challenge.7. this court has, while upholding the validity of the amendments enacted by the gujarat co-operative societies (amendment) act, 1981, in amreli dist. co-op. sale & purchase union (supra), considered and dealt with in detail the judgment of ..... bifurcation of the erstwhile state of bombay, the need was felt by the government of the new state of gujarat to consolidate and amend the law relating to co-operative societies in the state of gujarat and a purposeful attempt was made to systematically develop co-operative societies at different ..... supervise the co-operative movement for imparting the advantages of organized thrift, self-help and mutual aid. the bombay co-operative societies act, 1925, in its preamble, recited that it was enacted with a view to facilitate the formation and working of co-operative societies for promotion of thrift, ..... sections and women should be to effectuate socio-economic and political justice assured by the preamble, articles 38 and 46 of the constitution.'it is also held in the above judgment that:'.....the bye-laws prescribe the eligibility of the members who would be eligible to be nominated as members .....Tag this Judgment!
Court : Kerala
..... section 13 b: 13b. divorce by mutual consent.(1) subject to the provisions of this act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnised before or after the commencement of the marriage laws (amendment) act, 1976 (68 of 1976), on the ground ..... of the family court otherwise available to it to pass appropriate orders in accordance with the powers available to it under the family courts act. he would refer to the preamble of the said act, which reads as follows: an act to provide for the establishment of family courts with a view to promote conciliation in, and secure speedy settlement of disputes relating to ..... (2 of 1974); (c) every suit or proceeding of the nature referred to in the explanation to sub-section (1) of section 7 and every proceeding under chapter ix of the code of criminal procedure, 1973 (2 of 1974). (i) which is pending immediately before the establishment of such family court before any district court or subordinate court referred to in that ..... sub-section (1) of section 7 shall, in relation to such area, have or exercise any jurisdiction in respect of any suit or proceeding of the nature referred to in the explanation to that sub-section; (b) no magistrate shall, in relation to such area, have or exercise any jurisdiction or powers under chapter ix of the code of criminal procedure, 1973 .....Tag this Judgment!
Court : Mumbai
Reported in : (1889)ILR13Bom681
..... and betting in the severe terms used in the preamble to the english statutes. if this court were to hold that a bet is converted into a game, and a betting-house into a gaming-house, and the bettors there into offenders against the criminal law, because a rain-gauge, or hour glass, or ..... made in favour of certain horse-racing transactions: and the rule and the exception are substantially reproduced in section 30 of the indian contract act ix of 1872. the indian laws go no further than make wagering contracts void; they are not unlawful. the distinction is discussed fully in an unreported case, parakh govardhanbhai ..... committee of her majesty's privy council that the statute 8 and 9 vic., cap. 109 (to amend the law concerning games and wagers), did not extend to india ramloll thackoorseydass v. soojumnull dhondmull 4 moore's i.a. 339, and that, in the absence of statute, an action might be maintained on a wager ..... and that the gauge is itself an instrument of gaming within the meaning of bombay act iv of 1887, section 3,--an enactment which strikes at gaming, but not, in the preamble or elsewhere, at wagering or betting. he relies on tollett v. thomas l.r. 6 q.b. ..... 514 was held to be an instrument of wagering, and to constitute the transaction, among the parties betting, a game of chance within the meaning of the act 31 and 32 vic, cap. 52, section 3. the advocate-general has argued that the appliance for measuring the rainfall constitutes the betting a game, .....Tag this Judgment!
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 .....Tag this Judgment!
Court : Delhi
Reported in : 35(1988)DLT34; 1988(15)DRJ19
..... falling within the provisions of section 32, clause (1) of the indian evidence act, 1872.'(12) sub-section (1) was substituted for original sub-section (1) by the code of criminal procedure (amendment) act 18 of 1923. some words were added at the end of sub-para (2) by the criminal procedure code (second amendment) act 15 of 1941. section162 read thus :- '162(1) no statement made by any person to a police ..... functioning of government had been emphasised particularly in those cases where the policies impinged on the rights and lives of the citizens. those cases, however, did not lay down the law that all files of the government, public corporations or public agencies or authorities are open to inspection by individual citizens irrespective of the fact whether they relate to the matters ..... nor articles 14, 19, 21, 39 and 51-a impose any such constitutional obligation on the appellant to do so. (10) chapter xii of the code of 1973 contains provisions empowering the police officer to act on the information received and to investigate in the classes o!' cases ..... empress i.l.r. 28 cal 345 and 'natab jana v. state', : air1955cal138 (9) lastly it is submitted that the learned single judge has not dealt with the question as to how the duty is cast upon the appellant to give inspection or supply copies of documents to the respondent under which provisions of the constitution of india. neither the preamble .....Tag this Judgment!
Court : Kerala
Reported in : 1995CriLJ963
..... is in the light of these provisions that sub-section (3) has to be understood. that only provides that the provisions of the criminal procedure code 1898 so far as they are not inconsistent with the criminal law amendment act 1952 shall apply to the proceedings before a special judge and for the purposes of the said provision the court of the special shall be ..... code is applicable counsel has drawn attention to section 8 of the criminal law amendment act 1952. sub-section (3) of that section reads:save as provided in sub-section (1) or subsection (2), the provisions of the code of criminal procedure, 1898 shall, so far as they are not inconsistent with this act, apply to the proceedings before a special judge; and for the ..... provisions of which will override the provisions of the code of criminal procedure. the provisions contained in section 5 of the prevention of corruption act indicate that the special legislation was required for the prevention of corruption and bribery of the public servants. the preamble to the act mentions that, the act was intended since it was found expedient to make more effective ..... provision for the prevention of bribery and corruption. the law existing then was proved to be inadequate for dealing with the problem. immediate and drastic action .....Tag this Judgment!