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Judgment Search Results Home > Cases Phrase: criminal law amendment act 2005 preamble 1 criminal law amendment act 2005 Sorted by: recent Page 1 of about 81,100 results (1.015 seconds)

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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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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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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Feb 13 2009 (HC)

Priyank Chansoria Vs. High Court of Madhya Pradesh

Court : Madhya Pradesh

Reported in : 2009(4)MPHT44

..... 226 of the constitution.9. in lachmandas (supra), moreover, the majority speaking through s.r. das, j., found that the avowed object of the bombay act recited in its preamble was the expediency of consolidating and amending the law relating to public safety, maintenance of public order and maintenance of supplies and services essential to the community in the state of bombay. das, j ..... ledger paper is not available.(ii) in chapter x of the rules of 2008, rule 3 provides that three extra copies of every application, interlocutory or otherwise, relating to a criminal matter should be filed in a matter to be heard by a division bench and two extra copies in every other case, thus putting an unnecessary burden on the litigants ..... witnesses recorded as in the ordinary trial which is available to other persons accused of similar offences and prosecuted according to the ordinary procedure laid down in the code of criminal procedure and, therefore, there was breach of fundamental right to equality guaranteed by article 14 of the constitution. but as we have seen, under clause 10 of the letters patent ..... of appeal before the division bench.11. this argument of mr. jain overlooks experience of the high court in dealing appeals under the adhiniyam of 2005. sub-section (1) of section 2 of the adhiniyam of 2005 provides for an appeal from a judgment or order passed by a learned single judge in exercise of his jurisdiction under article 226 of the constitution .....

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Jan 30 2006 (HC)

Sudhakaran Vs. State of Kerala

Court : Kerala

Reported in : 2006(1)KLT955

..... indian penal code are different and distinct. in dilawar singh v. parvinder singh 2005 (4) klt 1029 (sc) : 2005 air scw 6021 it was held 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 corruption and for matters connected therewith. here, the principle ..... kannur district were appointed illegally in violation of the prescribed rules and norms issued by the government of kerala. the further prosecution case was that accused 1 to 3 who are public servants committed criminal misconduct by abetting each other to create 151 vacancies of excise guards at kannur district while no such vacancies actually existed. the further case was that ..... the government of kerala for making illegal gains to them. those 151 persons including a4 to a8 also stated to have gained undue pecuniary advantages. the accused 1 to 3 who were public servants committed criminal misconduct by abetting each other to create 151 vacancies of excise guards in kannur district, though, in fact, no such vacancies existed. the persons so ..... a very important authority, viz, the competent authority does not advisable to proceed with the case of conspiracy alone against a2, mr. sudhakaran i.a.s.in the petition filed under section 321 of the code of criminal procedure, the additional legal advisor narrated the entire history of the case. he had also referred the opinion to the advocate general. the .....

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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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Jan 17 2019 (SC)

Indian Hotel and Restaurant Association (Ahar) General Secretary Vs. T ...

Court : Supreme Court of India

..... identical nature made by the respondents failed to pass the constitutional muster. the provisions of sections 33a and 33b inserted vide amendment act, 2005 to the bombay police act, 1951 had been struck down as unconstitutional being in contravention of articles 14 and 19(1)(g) of the constitution. in spite thereof, the state did not grant licences to any person including the petitioners. this ..... no material placed on record by the state to show that it was not possible to deal with the situation within the framework of the existing laws, except for the unfounded conclusions recorded in the preamble as well as the statement of objects and reasons. (f) argument of the state that impugned enactment is a form of additional regulation, as it was ..... aforesaid submission. a perusal of the objects and reasons would show that the impugned legislation proceed on a hypothesis that different dance bars are being used as meeting points of criminals and pick-up points of the girls. but the objects and reasons say nothing about any evidence having been presented to the government that these dance bars are actively involved ..... in general including ruining of families. the members of the state legislature, from ruling and opposition sides, pointed out 15 that such dance bars are used as meeting points by criminals and pick-up joints of girls for indulging in immoral activities and demanded that such dance bars should, therefore, be closed down. these dance bars are attracting young girls desirous .....

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Jan 08 2019 (HC)

Lennox James Ellis vs.union of India

Court : Delhi

..... lay down the penalty or sentence for an offence. it merely prescribes the procedural law relating to, inter-alia, extradition of fugitive criminals from india to a foreign state. he refers to the preamble to the act which reads: an act to consolidate and amend the law relating to the extradition of fugitive criminals and to provide for matters connected therewith or incidental thereto . he submits that so ..... fortified in this view by a catena of decisions, both english and indian . (emphasis supplied) 76. in itc bhadrachalam paperboards (supra) as well, the supreme court considered the similar issue i.e., whether the requirement of laying before legislature is mandatory, and relied upon atlas cycle industries ltd. (supra).77. to the same effect are the discussions of the supreme court ..... criminal procedure is a penal statute, because it provides for the trial of criminal offences. the court explained as to what is the meaning of a penal statute, and held that ..... .56. the supreme court has gone so far as to say that a statute which does not provide for punishment, but merely lays down the procedure for trying criminal offences may not be construed strictly. see iqbal singh marwah v. meenakshi marwah, (2005) 4 scc370 in this case, the supreme court rejected the contention of the appellant that the code of .....

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Nov 22 2018 (HC)

Asim Shariff Vs. National Investigation Agency

Court : Karnataka

..... invoked against the petitioner object of which statute is an act further to amend the : unlawful activities (prevention) act, 1967 and preamble of the said act is as under: in the unlawful activities (prevention) act, 1967 (37 of 1967) (hereinafter referred to as the principal act), after long title, and before the enacting formula, the following preamble shall be inserted, namely:-"whereas the security council of the ..... all the states to take measures to combat international terrorism; and whereas resolutions 1267(1999), 1333(2000), 1363(2001), 1390 (2002), 1455(2003), 1526(2004), 1566(2004), 1617(2005), 1735 (2006) and 1822(2008) of the security council of the united nations require the states to take action against certain terrorists and terrorist organizations, to freeze the assets and ..... c. no.: 181/2017 and then got delinked between accused no.5 and the accused nos.1 to 4 after the dismissal of the criminal appeal, when the accused nos.1 to 4 filed criminal appeal and the order for framing charge was confirmed. thereafter, accused nos.1 to 4 preferred w.p. nos.7267-7270/2017 and the accused no.5 preferred w ..... bengaluru.10. sri p.prasanna kumar learned counsel appearing for the respondent-nia would submit that the case registered against the petitioner satisfies all the requirements of the provisions of law stated therein. he would further submit that the petitioner has also exhausted the remedy open to him, by filing application for his discharge, however, it was rejected. the .....

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Sep 27 2018 (SC)

Joseph Shine Vs. Union of India

Court : Supreme Court of India

..... deals with husband or relative of husband of a woman subjecting her to cruelty. the parliament has also brought in the protection of women from domestic violence act, 2005. this enactment protects women. it also enters into the matrimonial sphere. the offences under the provisions of the said enactment are different from the provision ..... seducer and not the woman. this position may have undergone some change over the years but it is for the legislature to consider whether section 497 should be amended appropriately so as to take note of the ?transformation? which the society has undergone .? constitutionality, unless, infringed. it 17 proceeding further, the three-judge ..... 1) ( change in public s legal awareness under the head of appropriateness of means and least restrictiveness ) 29 part d next, the court analysed the appropriateness and effectiveness of criminal punishment in curbing the offence of adultery. addressing the question of whether adultery should be regulated, the court stated that modern criminal law dictated that the state should not seek to interfere in an act ..... . over the last four decades, our constitutional jurisprudence has inseparable relationship between protection of life and liberty with dignity. dignity as a constitutional value finds expression in the preamble. the constitutional vision seeks justice (social, economic and political); thought, expression, belief, faith and worship); equality (as a guarantee against arbitrary treatment of individuals) and .....

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