Court : Orissa
Decided on : Jul-22-1993
Reported in : AIR1993Ori259; 76(1993)CLT720
..... appear from the long title of the criminal law amendment act, 1952, whose section 6(l)(a) includes trial of offences under the prevention of corruption act, 1988, has failed to deliver the goods, as would appear from what has been stated in paragraph 5 of the preamble, the act was enacted to try a special class ..... if a charge-sheet has been submitted alleging the commission of the offence dealt by the act, the same being offence of criminal misconduct within the meaning of section 13(1)(c) of the prevention of corruption act, 1980, and that too by persons holding high public or political office which terms have ..... in rule 3 of the rules. in the counter affidavit filed by the opposite parties to this petition for amendment, it has, however, been stated that the requirements of both sub-rule (1) and sub-rule (2) of rule 3 were duly complied with before the nomination of the hon'ble ..... states that as the person affected is called upon to indicate in reply to the notice served on him as required by section 14(1) of the act, 'the evidence on which he relies and other relevant informations and particulars', the same would show that the person affected is being compelled ..... on 'writ jurisdiction under the constitution'. the learned counsel has advanced this submission because before the authorised officer is approached, the state government must have (1) 'reason to believe' about the commission of the offence; (2) it is the public prosecutor who is authorised to make the application, which itself .....Tag this Judgment!
Court : Patna
Decided on : Mar-02-1993
..... contained in sub-clause (ii) shall apply to the state of jammu and kashmir;(a) substituted for clause (g) by criminal law (amendment) act, 1972 (31 of 1972) section 4 (14-6-1972).chapter iiunlawful associationsection 3. declaration of an association as unlawful.-(i) if the central government is of opinion that any association is, or has become, an unlawful association, it may, by ..... is vested with the discretion, should be laid down in express terms in the statutory provision itself.such guidance may thus be obtained from or afforded by (a) the preamble read in the light of the surrounding circumstances which necessitated the legislation, taken in conjunction with well-known facts of which the court might take judicial notice or of which ..... authority, should be laid down in express terms in the statutory provision itself. in the present case the objects and reasons of the bill, the preamble read in the light of the bill, the preamble read in the light of the surrounding circumstances which necessitated the legislation in conjunction with the well, known facts of which the courts may take judicial ..... ) to (c) of the constitution. this amendment was introduced in the year 1963 pursuant to the acceptance by the government of an unanimous recommendation of the committee on national integration and regionalism appointed by the national integration council. the act impugned herein was enacted thereafter in the year 1967. the preamble of the act states that this was enacted to provide for .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jun-11-1993
Reported in : 1993(1)ALT(Cri)211; 1993CriLJ2930; II(1993)DMC110SC; JT1993(4)SC22; 1994(0)MPLJ1; 1993(3)SCALE1; (1993)3SCC406; 3SCR954
..... . now with effect from december 21, 1956, the hindu adoptions and maintenance act is in force and that too in a codified form. its preamble too suggests that it is an act to amend and codify the law relating to adoptions and maintenance among hindus. section 18(1) of thei hindu adoptions and maintenance act, 1956 entitles a hindu wife to claim maintenance from her husband during ..... and maintenance act, 1956 and when that right of the wife was not being disputed, the court, in order to avoid multiplicity ' of proceedings could give effect to ..... .26. relief to the wife may also be due under section 125 of the crpc where under an order of maintenance can be granted after contest, and an order of interim maintenance can be made at the outset, without much contest. this provision however has two peculiar features:(i) the provision applies to all and not only to hindus; and(ii) maintenance ..... maintenance or permanent alimony under section 25 of the act. not only was on such interpretation of sections 25 and 28 the view taken but liberality of interpretation was injected to justify the view. it was expressed that when the right of the wife to maintenance was assured under section 125 of the crpc, 1973 and section 18 of the hindu adoptions .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Feb-12-1993
Reported in : AIR1993AP229; 1993(1)ALT458
..... 125 of the criminal procedure code. the civil and criminal law went to the extent of laying down that a wife, even if divorced, would be entitled to the maintenance as long as she does not remarry. further, under the hindu succession act, wife is one of the successors as a class-1 heir to the ..... order to over-ride the effect of this decision, dr. ambedkar as the minister of law introduced the 1st amendment bill to the constitution, which was passed and added clause (4) to art. 15 by the constitution (first amendment) act. the object of the newly introduced clause (4) to art. 15(4) was to ..... classes of citizens or for the scheduled castes and the scheduled tribes.'this article 15(4) is in consonance with the object envisaged by the preamble, viz., securing to all the citizens equality of status and of opportunity, in providing reservations for the advancement of backward classes of citizens, ..... the outset, it is necessary to have a view of the relevant provisions in the constitution having a bearing on the present question. the preamble to the constitution envisages securing to all the citizens 'equality of status and of opportunity'. article 14, dealing with right to equality, postulates ..... that the circulars, etc., are intended to promote inter-caste marriages in order to establish equality of a status -and opportunity comprehended by the preamble to our constitution.14. sri j. v. suryanarayana rao, amicus curiae, prefaced his submissions by saying that in india there are only castes .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-02-1993
Reported in : (1993)1CALLT217(HC)
..... iii, no. 548-l dated 14th of march, 1989. it is notorious from the short title and the commencement that 'this act may be called the code of criminal procedure (west bengal amendment act) 1988 which shall come into force on such date as the state govt. may, by notification by the official gazette, appoint ..... '.22. the word 'appoint' (underscored by me) here printed in italics, has got a special significance. it is needless to say that the amendment became ..... since conspicuously absent, the framing of charge is unwarranted demanding a clear discharge or acquittal of the accused in; the perspective of amended section 245 of the code of criminal procedure, 1973.9. the revisionist has vindicated her grievance about the absence of element aforementioned liabling her to no penal action. ..... apply to all warrant cases instituted otherwise than on police report on the date when the above provision came into force i.e. on 2.5.89. the adjective law, therefore, cannot displace the appointed date fixed by the legislation. thus, after considering the case of the rival parties ..... the law maker, expressed in the law itself, taken as a whole. hence to arrive at the true meaning of a particular phrase in a statute, that particular phrase is not to be viewed detached from the context meaning by this as well as the title and the preamble as the .....Tag this Judgment!
Court : Mumbai
Decided on : Jan-21-1993
Reported in : 1993(2)BomCR242
..... only supports the view that it is only an amending act and that section 7 prescribes the manner in which the law is to apply after the promulgation of this statute. all that it provides for is that applications pending before a magistrate under section 125 or section 127 of the code of criminal procedure shall be disposed of in accordance with the provisions ..... were intended to be brought into the net of section 7. under the circumstances, to make exception about sub-section (3) and to restrict the operation only to sub-section (1) of section 125 would be doing violence to the plain language of section 7. the legislative intention seems to be quite clear. it is of extreme relevance to notice that ..... directly to the intention to declare something. it is unambiguous that the act envisages the protection of certain rights of a certain category of women and provides for connected and incidental ..... declaratory. a scrutiny of all the 7 sections of this act which starts with the wording. 'an act to protect the rights of muslim women who have been divorced by or have obtained divorce from their husbands and to provide for matters connected therewith or incidental thereto which is the preamble, or in any of its provisions do we find any reference even .....Tag this Judgment!
Court : Mumbai
Decided on : Jun-11-1993
Reported in : (1993)95BOMLR984
..... . now with effect from december 21, 1956, the hindu adoptions and maintenance act is in force and that too in a codified form. its preamble too suggests that it is an act to amend and codify the law relating to adoptions and maintenance among hindus. section 18(1) of the hindu adoptions and maintenance act, 1956 entitles a hindu wife to claim maintenance from her husband during ..... hindu adoptions and maintenance act, 1956 and when that right of the wife was not being disputed, the court, in order to avoid multiplicity of proceedings could give effect ..... to the wife may also be due under section 125 of the code of criminal procedure whereunder an order of maintenance can be granted after contest, and an order of interim maintenance can be made at the outset, without much contest. this provision however has- two peculiar features :-(i) the provision applies to all and not only to hindus; and(ii) maintenance ..... or permanent alimony under section 25 of the act. not only was on such interpretation of sections 25 and 28 the view taken but liberality of interpretation was injected to justify the view. it was expressed that when the right of the wife to maintenance was assured under section 125 of the code of criminal procedure, 1973 and section 18 of the .....Tag this Judgment!
Court : Orissa
Decided on : Dec-24-1993
Reported in : 78(1994)CLT187; 1994(I)OLR285
..... be noticed that no . such presumption is attached to the owner, even though section 5 (1) of the act requires that every copy of every newspaper shall contain the name of the owner besides that of the editor. hence while law creates a statutory liability even in a criminal proceeding against the editor, printer and the publisher, yet no such liability is attached to ..... apex court observed in paragraph 13 in air 1979 sc 154 (haji c. h. mohammed koya v. t. k. s. m. a. nuthukoya) in relation to the preamble of the act, that in order to avoid multiplicity of suits and uncertainties of liabilities, it was considered necessary to choose one of the persons from the staff and make him liable for ..... the following effect :'whereas it is expedient to repeal the indian press act, 1910 and the newspapersvincitements to offences)act,1908,and to make further provision in the press and registration of books act, 1867, for the liability of editors of newspapers in civil and criminal proceedings and to make certain amendments in that act in order to facilitate the registration of printers and publishers, and ..... to provide in the sea customs act, 1878, the code of criminal procedure, 1898, and the indian post office act, 1898, for the seizure and disposal of certain documents ; it is hereby enacted as follows .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Mar-18-1993
Reported in : 1993(2)ALT661; 1993(2)ALT661; [1995(70)FLR680]; (1994)IILLJ716AP; (1994)IILLJ716SC
..... and 482 of the code of criminal procedure, 1898 (central act v of 1898)'. 8. another act, the provisions of which fall the consideration in this case, is the limitation act no. 36 of 1963. the short preamble to the limitation act reads thus:'an act to consolidate and amend the law for the limitation of suits and ..... that schedule which could apply to such an application is article 181; but a series of authorities commencing with bal manekbai v. manekji kavasji, 1 bom. 213, has taken the view that article 181 only relates to applications under the code of civil procedure, in which case no period ..... determining the real issues included in the order of reference. (2) within two weeks of the receipt of the statement referred to in sub-rule (1), the opposite party shall file its rejoinder with the labour court or tribunal, as the case may be, and simultaneously forward a copy thereof to ..... of an award made by a labour court, which have a bearing are extracted:'11. procedure and powers of conciliation officers, boards, courts and tribunals:- (1) subject to any rules that may be made in this behalf, an arbitrator, a board, court, labour court, tribunal or national tribunal shall follow ..... opposite party. :(d) the parties shall not be entitled to produce additional evidence whether oral or docu mentary before the appellate authority. but if- :(i) the employer from whose order the appeal is preferred has refused to admit evidence which ought to have been admitted; or (ii) the appellate authority .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-28-1993
Reported in : 1994(4)BomCR237
..... submissions have to be considered in the light of the object for which these sections were incorporated. these sections were incorporated by the banking public financial institutions and negotiable instruments laws (amendment) act, 1988 (66 of 1988) for meeting a situation which was prevailing in the society. it was found by the legislature that a large number of cheques were being ..... prosecution witnesses. the prosecution then examined two production witnesses, viz., mr. arjun goswami and mr. bipin bijoy sunadhar.46. the statement of the accused under section 313 of the criminal procedure code was recorded on 5th and 6th january, 1993. accused filed his written statement. in the written statement the accused has denied that the cheques exs. b, c & e ..... , therefore, is of non-payment of money and such an offence has no relation to transaction in security. mr. ovalekar refers to the preamble of the special court act which reads as follows:'an act to provide for the establishment of a special court for the trial of offences relating to transactions in securities and for matters connected therewith or ..... , endorsed, negotiated or transferred for consideration. this until the contrary is proved. i am unable to accept mr. ovalekar's submission that presumptions under section 118 of the negotiable instruments act do not apply to criminal trials. chapter xvii which has been incorporated in the negotiable instruments act does not provide that presumption under section 118 will not apply to a .....Tag this Judgment!