Court : Jammu and Kashmir
Decided on : Oct-08-2003
Reported in : 2004(1)JKJ418
..... exception to the said limit and includes an unmarried major daughter in situations mentioned therein. it would be advantageous to quote herein below section 488 of the code, as amended by the amending act of 1998 :'488. order for maintenance of wives, children and parents:--if any person having sufficient means neglects or refuses to maintain: (a) his wife unable to ..... right of maintenance during the period of iddat then such a legal right can be enforced under section 488 of the code of criminal procedure during that period. section 4(1)(d) of the sri pratap jammu and kashmir laws consolidation act, 1977 runs as under: '(d) in questions regarding succession, inheritance, special property of females, betrothals, marriage divorce, dower, adoption, guardianship, minority ..... for giving due attention to them. this chapter constitutes a code in itself under the caption 'of the maintenance of wives, children and parents'. the caption serves as a preamble thereof and depicts the object of the enacting provisions of the code contained thereunder. the recitals of the caption, as aforesaid, are indicative of the intention of the legislature in ..... ,000 which the respondent had to pay towards arrears of maintenance earlier ordered by the learned magistrate. in any case, this liability of the respondent would last only till september, 2005. rs. 625/ - are deducted from his pay towards income-tax each month. besides, he is contributing an amount of rs. 2000 towards his g. p. fund account each month .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-06-2003
Reported in : AIR2003SC1191; JT2003(1)SC594; 2003(2)MPHT377; 2003MPLJ37(SC); 2003(1)SCALE689; (2003)3SCC1; 1SCR906; 2003(2)LC828(SC)
..... respect of serious offences like section 396 ipc etc., the prisoners should not be released it is better if they bring about some suitable amendments in the act, then frame necessary rules'.18. learned senior counsel appearing for the state of madhya pradesh contends that rule 3(a) cannot be read and ..... high court that specification of offenders under certain sections of penal provisions in rule 3(a) frustrates the object of the act contained in section 2. the preamble of the act has been quoted by us. it indicates the intention of the legislature that the benefit of release on probation for good ..... legislation for consideration before us gives effect to this penal philosophy recommending rehabilitation of the criminals so that they come out of the prison to return to society as law abiding citizens. under the scheme of the two acts -- certain classes of prisoners which appear to the government from their antecedents and their ..... which is relevant for our purpose is also required to be reproduced for its proper interpretation.'9. the government may make rules consistent with this act:-(1) for the form and conditions of licence on which prisoners may be released;(2) for the appointment of government officer, the recognition of ..... allahabad high court dated 11.9.1980 in writ petition no. 2070 of 1978 from which crl. appeal no. 163 of 1983 decided on 12.1.1994 in the case of sadhu saran (supra) had arisen. the lucknow bench of allahabad high court in taking the view as it did that .....Tag this Judgment!
Court : Patna
Decided on : Dec-03-2003
..... penal provisions of chapter ix of the penal code. this becomes further clear from the statement of objects and reasons as well as the preamble of bill no. 31 of 1968 which led to insurance (amendment) act, 1968 (act 62 of 1968). it states that the bill is intended to provide for the extension of social control over insurers carrying on general ..... company can be prosequted being public servants is section 107a of the insurance act, 1938 read with section 38 of the general insurance business (nationalisation) act, 1972 (hereinafter referred to as general insurance business act, for brevity). section 107a which came by amendment, by insurance (amendment) act, 1968 (act 62 of 1968), with effect from 1-6-69 reads as under :-- 'every whole-time chairman, whole- ..... insurance business and more effective supervision and control over the insurers. it is in this back ground that the provisions of section 107a of the insurance act have to be understood. ..... decision does not appear to have laid down acorrect law.15. though the decision in gaur sarkar's refers to section 197, criminal procedure code alone and the submissions of the counsel for the complainant revolved around section 197, i consider it proper to also refer to section 19 of the prevention of corruption act, 1988 which too provides for similar sanction in the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-10-2003
Reported in : AIR2003SC3309; 106(2003)DLT487(SC); JT2003(Suppl1)SC76; 2003(7)SCALE345; (2003)8SCC398
..... machine should provide information to the appropriate state authority in furtherance of section 3-b of the amended act;d) direct that state supervisory boards be constituted in accordance with the amended section 16a in order to carry out the functions enumerated therein;e) direct appropriate authorities to ..... in its wisdom enacted the pre-natal diagnostic techniques (regulation and prevention of misuse) act, 1994 (hereinafter referred to as 'the pndt act'). the preamble, inter alia, provides that the object of the act is to prevent the misuse of such techniques for the purpose of pre-natal sex ..... age group in states like haryana, punjab, maharashtra and gujarat, which are economically better off.2. despite this, it is unfortunate that law which aims at preventing such practice is not implemented and, therefore, non-governmental organisations are required to approach this court for implementation of ..... soli j. sorabjee following directions are issued on the basis of various provisions for the proper implementation of the pndt act:- i. directions to the central government 1. the central government is directed to create public awareness against the practice of pre-natal determination of sex and female ..... statutory provisions including the rules. appropriate authorities are not only empowered to take criminal action, but to search and seize documents, records, objects etc. of unregistered bodies under section 30 of the act.2. it has been pointed out that the states/union territories have not .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-31-2003
Reported in : 2003BomCR(Cri)1606; 2003(3)MhLj866
..... enforcement of amendment act, 40 of 1964 by virtue of which the said provision of law, namely, clause (e) in sub-section (1) of section 5 was inserted. in those circumstances, it was held by the apex court that the legislature thought it proper to insert a new clause (e) in sub-section (1) of section 5 as one more category of offence of criminal misconduct ..... but it cannot be gainsaid that the new offence under newly inserted clause (e) became an offence on or before 18-12-1964 by virtue of section 6 of the amendment act, 40 of 1964 and, therefore, applying the mandate of article 20(1) of the constitution, it was held that :-- 'so when there was no law in force at ..... uncanny. it is also to be noted that the decision of the division bench in criminal writ petition no. 27/03 is totally on a different point and is of no help to either of the parties in the present petition. 6. the preamble of the said act states that it was expected to make special provisions for prevention and control of and ..... for coping with, criminal activity by organized crime syndicate or gang and for the matters connected therewith and incidental thereto. the statement of objects .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jan-17-2003
Reported in : AIR2003SC1043; 2003(2)ALLMR(SC)1091; 2003(2)ALT22(SC); 95(2003)CLT445(SC); 113CompCas536(SC); (2004)1CompLJ321(SC); 2003(1)CTC409; [2003(96)FLR743]; JT2003(1)SC344; R
..... .(4) notwithstanding anything contained in sub-section (3), a personappointed as a president or as a member before the commencement of theconsumer protection (amendment) act, 1993, shall continue to hold suchoffice as president or member, as the case may be, till the completion of histerm.the members of ..... effective provision for the establishment of a strong, independent and impartial judicial administration in the country, with the necessary complement of civil and criminal courts. it is not permissible for parliament or a state legislature to ignore or bypass that scheme of the constitution by providing for the ..... establishment of a civil or criminal court parallel to a high court in a state, or by way of an additional or extra or a second high court, ..... defining the meaning of words relevant for this case are as under:(b) 'complainant' means,- (i) a consumer; or(ii) any voluntary consumer association registered under the companies act, 1956 or under any other law for the time being in force; or(iii) the central government or any state government, who ..... relevant provisions of theconstitution required amendments must be neglected.37. the scope and object of the said legislation came up for consideration beforethis court in common cause, a registered society v. union of india : 1997crilj195 . it was held:'the object of the legislation, as the preamble of the actproclaims, is .....Tag this Judgment!
Court : Chennai
Decided on : Dec-18-2003
Reported in : 2004(1)CTC721
..... the six cases, one is registered in the year 1992 vide crimeno.481 of 1992 under secs. 143, 506 ipc read with 41 of the city police act and sec.7(1)(a) of the criminal law (amendment) act. learned public prosecutor is not in a position to state as to what has happened to this case, which is pending for the last ten years. the ..... one paranthaman, who is being tried for the offences under sec. 21(1)(a) and sec. 21(3) of pota read with sec. 13(1)(b) of unlawful activities (prevention) act, 1967 as also sec. 4(b)(1) and sec. 5(a) of the explosives substances act 1908 and sec.17(1) of the criminal law amendment act 1908. 2. learned counsel for the appellant in this appeal, does not ..... press the appeal and seeks to withdraw the appeal. learned public prosecutor has no objection to this withdrawal. the appeal is allowed to be withdrawn.34. in the result, criminal appeal nos.749 to 752 and 766 ..... of 2003 are allowed. criminal appeal no.764 .....Tag this Judgment!
Court : Allahabad
Decided on : Mar-31-2003
Reported in : 2003CriLJ4090
..... recorded his above satisfaction in following words :--'police adikshak azamgarh ki sanlagna akhya se spashta hai ki ap mukadama a.s. 104/02 dhara 147/148/ 149/302, ipc, 7 criminal law amendment act ke aparadh men janpad karagar azamgarh men niruddha hain tatha apni jamanat ke liye prayatana sheel hai. jamanat par chhutane ke paschat ap punah aparadhik kritya karenge jisme lok vyavastha ..... he died in the way. report of the occurrence was lodged by rajendra kahar at 1.25 p.m. at p.s. kotwali and on the basis of it a case at crime no. 104 of 2002 under section 147, 148, 149, 302, ipc and section 7 criminal law amendment act was registered. the complainant also told that on account of the incident a chaos ..... behalf of union of india, respondent no. 6 and have perused the record.5. learned counsel for the petitioner raised the following points :--(1) the incident on the basis of which the detention order was passed related to law and order problem and it had no effect on the public order;(2) there was no cogent material and compelling necessity before the ..... and it affects the even tempo of life and public order is jeopardized because the repercussions of the act embrace large sections of the community and incite them to make further breaches of the law and order and to subvert the public order. an act by itself is not determinant of its own gravity. in its quality it may not different from another .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jul-04-2003
Reported in : 2003(2)ALD(Cri)219; 119CompCas18(AP)
..... will not be a ground for invalidating the cheque and preventing the party from taking steps under section 138 inserted by the negotiable instruments laws (amendment) act, 1988, on the ground of insufficiency of funds. this court has held that endorsement will not be a ground for throwing away the ..... copy of consignment note. the learned metropolitan magistrate recorded a finding of not guilty and acquitted the accused. thereupon, the appellant preferred this criminal appeal.3. this appeal is presented against the acquittal order. this court can interfere only when it is shown that the judgment is perverse ..... cheques are filled up and presented, a presumption can be drawn under section 139 of the act. it is a rebuttable presumption. the question is whether the accused is able to rebut the presumption. i am of the considered ..... liability as envisaged under section 138. i, therefore, find that the facts and circumstances of the case are not attracted by the provisions of section 138 of the act and that the learned magistrate was justified in acquitting the accused. hence, the criminal appeal is dismissed.'9. whenever blank ..... , j.1. this criminal appeal is directed against the judgment in c. c. no. 858 of 1997 rendered by the 15th metropolitan magistrate, hyderabad, in acquitting the accused for the offence under section 138 read with sections 141 and 142 of the negotiable instruments act, 1881 (for short the 'act').2. .....Tag this Judgment!
Court : Chennai
Decided on : Mar-04-2003
Reported in : 2003CriLJ2779
..... to the prevention of corruption and matters connected therewith were being dealt with by the prevention of corruption act, 1947, which was amended in the year 1964 based on the recommendations of the santhanam committee. in the criminal law amendment ordinance, 1944, there are provisions to enable attachment of ill-gotten wealth obtained through corrupt means, ..... what he is authorised to do by his superior under section 18 of the prevention of corruption act, 1988 and the same is illegal; that in spite of section 102(1) of the code of criminal procedure being mandatory, admittedly, no notice has been given to the petitioner as warranted under the said ..... , the requisition made by him to the banks to freeze the accounts of the petitioner and others mentioned in his letter dated 3.1.2003 is an act done in excess than what he was empowered or not authorised to and the same is illegal.21. yet another legal aspect pointed ..... is arrayed as an accused in the above crime number for the alleged offence punishable under section 13(2) r/w. 13(1)(e) of the prevention of corruption act, 1988 which is pending investigation with the first respondent; that the petitioner is a member of the tamil nadu legislative assembly elected ..... to the investigating officer is dated 16.8.2002 and the letter addressed to the banks by the investigating officer is dated 3.2.2003 i.e. after a long delay of six months thereby freezing the bank accounts as a result of afterthought. the learned senior counsel would then .....Tag this Judgment!