Court : Kerala
Decided on : Jan-30-2006
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 .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-12-2006
Reported in : 2006(3)BomCR705
..... respondent no. 4. the prayer, therefore, as sought for by the petitioner in criminal writ petition no. 1971 of 2005 cannot be granted.93. conclusions : i therefore, hold :(1) maharashtra act no. 305 of 2005 is within the competence of the state legislature. the amending act is also not repugnant to the law made by parliament.(2) the proviso to section 33a(2) does not interfere with ..... that the act is meant for maintenance of public order. the rules made, are for licensing and regulating ..... has power to make a law on trafficking to give effect to international covenants and as such the amendment is unconstitutional.on behalf of the state, the learned advocate general submits that the amending act falls under entry 1, list ii of the viith schedule which deals with public order. a bare perusal of the preamble to the bombay police act, 1951 makes it manifest ..... c. the three reports of prayas, sndt and subhada chaukar; d. the two affidavits of shri waghmare respectively dated 1st october,, 2005 and 1st december, 2005; e. the preamble and the statement of objects and reasons (sor) of the amending act of 2005 and the directive principles and fundamental duties; f. admissions made by ms. varsha kale as relied upon by shri r.r. patil .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Oct-11-2006
Reported in : 2007(2)MPLJ74
..... other relevant provisions are contained in the sections 166a and 166b of the code which were inserted by criminal procedure code (amendment act) 10 of 1990. these provisions read as under:166-a. letter of request of competent authority for investigation in a country or place outside india.- (1) notwithstanding anything contained in this code, if, in the course of an investigation into an offence, an ..... be intended to be settled.28. it is equally true that the preamble in itself is not an enacting provision and is not of the same weight as an aid to construction of a section of the act as are other relevant enacting words to be found elsewhere in the act, but the same can still be looked into to arrive at the ..... full effect to the aforesaid sections.27. heading is generally regarded as a preamble to the sections, which follow under it, and is considered a part of the act itself: bhinka v. charan singh : 35itr55(sc) . the preamble of a statute like the long title is a part of the act and is an admissible aid to construction. although, not an enacting part ..... orderdeepak verma, j.1. this order shall also govern disposal of m.cr.c. no. 10497/2005 (shankar mihani and ors. v. state of m.p.) and m.cr.c. no. 10538/2005 (jitendra bhawsar and ors. v. state of m.p.) as common question of law as to applicability of the provisions of chapter vii-a of the code of criminal procedure (hereinafter referred to .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-11-2006
Reported in : 2007CriLJ122
..... and the circumstances against which the provisions contained in section 143 came to be inserted in the act. the banking, public financial institutions and the negotiable instruments laws (amendment) act, 1988 (66 of 1988) had inserted chapter xvii comprising of sections 138 to 142 with effect from 1.4.1989. it was inserted with a view to enhance the acceptability of cheques in settlement of ..... which was intended to be remedied by the enactment of the statute. 14. before i proceed further it would be relevant to make short reference, to the provisions to which specific reference was made in ..... justice had an occasion to deal with the reference made by the learned single judge in criminal writ petition no. 1228 of 2004 in ksl and industries ltd. v. mannalal khandelwal and anr. the reference was decided by the judgment and order dated 1.2.2005, reported in 2005 all mr (cri.) 1105. while disposing of the said writ petition the division bench gave ..... reference to those amendments is avoided. all this background and circumstances will have to be taken into consideration while appreciating the arguments advanced by the learned counsel for the parties. it is well settled that when one has to look at the intention of the legislature, one has to look at the circumstances under which law was enacted, the preamble of law, the mischief .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-14-2006
Reported in : IV(2006)BC302; 2006(5)MhLj162
..... code of criminal procedure and the evidence act are general laws and the rights created thereunder cannot be termed as substantive rights or vested rights of substantive nature causing any prejudice whatsoever to the accused by the amending act of 2002 and in particular section 145. a bare perusal of section 145 show that both the sub-sections (1) and (2) as introduced by the amending act of ..... into force. the amending act was brought into force on 6.2.2003 whereas the complaint was filed on 3.4.1999. in this case the respondent-complainant, under section 145(1) of the act was allowed to give his evidence on affidavit after 6.2.2003 and when the accused was asked to cross examine the witness on 1.4.2005, the aforesaid objection was ..... braj kishore case (supra) has settled that when one has to look at the intention of the legislature, one has to look at the circumstances under which the law was enacted, the preamble of the law, the mischief which was intended to be remedied by the enactment of the statute. in that case while upsetting the allhabad high court's judgment, the supreme ..... . bhoodan yagna samiti u.p. v. braj kishor and ors : air1988sc2239 , (ii) a.r. antulay v. r.s. nayak and anr. : 1988crilj1661 and standard chartered bank v. directorate of enforcement : 275itr81(sc) . lastly, he placed reliance upon the judgments of this court in ksl and industries ltd case and m/s indo international ltd case and submitted that this court .....Tag this Judgment!
Court : Delhi
Decided on : Jun-02-2006
Reported in : 2006CriLJ4759; 132(2006)DLT42; 2006(90)DRJ31
..... ends of justice in the context of section 12 of the said act have also to be located in the context of the purpose of the act. in the said decision, the preamble was quoted which clearly states that the act is one to consolidate and amend the law relating to juveniles in conflict with law and children in need of care and protection, by providing for ..... as a wireman in the pwd department of the government of nct of delhi, states that he shall ensure that his son, i.e., the petitioner, shall not stray into bad company or be associated with any known criminals. he shall also ensure that proper education is imparted to his son and that due care and attention is given to him, both ..... that the release of the petitioner would defeat the ends of justice. he referred to the following decisions in support of his contentions:- i) mohd. feroz @ bhola v. state 2005  jcc 1313; ii) shashi kumar saini v. the state 2005 vi ad delhi 200; iii) master niku chaubey v. state 2006  jcc 720; iv) arvind v. state 1999 (2) jcc311; and ..... v) master abhishek (minor) v. state 2005 vi ad delhi 18. 4. mr sharma, who appeared for the state, referred to the provisions of section 2(q) and 2(o) of the juvenile justice (care and protection of children) act, 2000 (hereinafter referred to as 'the said act') to indicate that the petitioner, instead of being released on bail .....Tag this Judgment!
Court : Delhi
Decided on : Jan-03-2006
Reported in : 126(2006)DLT324; 2006(86)DRJ741
..... and the matters were being dragged on for months and years on flimsy grounds. i may reproduce hereunder some portions of the preamble in the amended negotiable instruments act:amendment act 55 of 2002 statement of objects and reasons the negotiable instruments act, 1881 was amended by the banking, public financial institutions and negotiable instruments laws (amendment) act, 1988 wherein a new chapter xvii was incorporated for penalties in case of ..... prevent abuse of the process of any court of otherwise to secure the ends of justice.15. recently, the supreme court of india after examining the entire case law under section 482 code of criminal procedure in the judgment titled zandu pharmaceutical works ltd. v. mohd. sharaful haque reported in : 2005crilj92 has inter alias opined as under:the inherent power should not ..... the judgment titled shri ishar alloy steels ltd. v. jayaswals neco ltd. reported in air 2001 sc 1161 the supreme court of crl.m.c. nos. 2405-07/2005 2405-07/2005 and 5970/2005 page 9 of 13 india discussed several judgments inter alias on the point of date of presentation of cheque and the concerned bank and held as under:-.the ..... main object of the negotiable instruments act is to legalize the system of which instruments contemplated by it could pass from hand to hand by negotiation like any other .....Tag this Judgment!
Court : Delhi
Decided on : Jan-24-2006
Reported in : 2006(1)ALD(Cri)55; (2006)143PLR7
..... curb the delays in disposal of the cases under the negotiable instruments act. i may reproduce hereunder some portions of the preamble:amendment act 55 of 2002. statement of objects and reasons-the negotiable instruments act, 1881 was amended by the banking, public financial institutions and negotiable instruments laws (amendment) act, 1988 wherein a new chapter xvii was incorporated for penalties in case of dishonour ..... of the high court is set aside.16. after examining the amendments in the negotiable instruments act, according to which summary trial procedure is to be followed (sections 138 and 143, negotiable instruments act and sections 254, 260 to 264, code of criminal procedure); relying upon the established law regarding the dishonour of cheques (supra) and powers of the high ..... abuse of the process of any court or otherwise to secure the ends of justice.recently, the supreme court of india after examining the entire case law under section 482, code of criminal procedure in the judgment titled zandu pharmaceutical works ltd. v. mohd. sharaful haque : 2005crilj92 , has inter alias opined as under-.the inherent power ..... filed under section 482 of the code of criminal procedure for quashing the summoning order dated 27.7.1999 under section 138 of the negotiable instruments act passed by metropolitan magistrate delhi, and order dated 10.2.2005 also passed by metropolitan magistrate, delhi, declining to recall the summoning order.2. i have heard ms. cm. chopra, learned counsel .....Tag this Judgment!
Court : Jammu and Kashmir
Decided on : Dec-22-2006
Reported in : 2008(1)JKJ382
..... code idrees were taken into custody on 21-1-2005 and 22-2-2005 respectively for your involvement in militant/subversive activities in case fir no: 21/2005 under section 212/216/120b/121/121a/122 rpc, 13/18/19/20 prevention of unlawful activities act, 1967 read with unlawful activities (prevention) ordinance, 2004 and 10/11 criminal law amendment act, 1983 police station udhampur and a live hand ..... let militant mohd assadullah tahir code idrees from whose possession your mobile has been recovered by jammu police in case hr no. 70/2004 u/s10/12 criminal law amendment act, 1983, 13 prevention of unlawful activities act at police station peer mitha, jammu alongwith the hawala money amounting to rs. 2,39,500/- and the case is under investigation;whereas, you and your associate ..... grenade was recovered at the instance of your let associate mohd assadullah tahir code idrees from darsoo, udhampur. the investigation of the case is in progress. your said associate has been detained under public safety act, vide order no. 7/psa of 2005 dated 14/3/2005.whereas your activities relating .....Tag this Judgment!
Court : Appellate Tribunal for Electricity APTEL
Decided on : May-26-2006
Reported in : (2006)LCAPTEL931
..... . r.s. nayak , the appellant, who was an ex-chief minister of the state of maharashtra, was charged with criminal offences triable under criminal law amendment act, 1952 (for short 1952 act). the appellant could not be tried in accordance with the 1952 act because of the earlier order of the supreme court directing the transfer of his case pending before the court of special ..... enabled the regulatory commission to continue with the cross subsidies for the present. this is borne out by an analysis of the following provisions of the act and the aforesaid policies and their analysis: (i) preamble to the act of 2003, inter alia, speaks of rationalization of subsidies. rationalisation of subsidies presupposes existence of subsidies in the system and their continuance; (ii) ..... tariff and the annual revenue requirement of the pserb for the period 1^st april, 2005 to 31^st march, 2006, therefore, logically tariff should be applicable from 1^st april, 2005.83. according to sub-section (6) of section 64 of the act of 2003, a tariff order unless amended or revoked continues to be in force for such period as may ..... of the aforesaid discussion, we direct that the commission shall determine the tariff separately for generation, transmission, distribution, wheeling and retail sale of electricity. but for the period 2005-06, it may not be necessary to re-determine the tariff for generation, transmission and distribution of electricity etc. as the industrial consumers have not shown any adverse impact .....Tag this Judgment!