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Judgment Search Results Home > Cases Phrase: criminal law amendment act 2005 section 1 short title and commencement Page 1 of about 17,951 results (0.531 seconds)

Apr 08 1953 (HC)

The State Vs. Pyarey Mohan Lal Srivastava

Court : Allahabad

Reported in : AIR1953All694

..... judge under section 7 which, immediately before the commencement of this act, were pending before any magistrate shall, on such commencement, be forwarded for trial to the special judge -having jurisdiction over such cases.' if the intention of the legislature was that sessions trials involving offences mentioned in section 6 of the criminal law amendment act were also ..... shall be triableby special judges only. ' 2. every offence specified in sub-section (1) of section ..... learned sessions judge is the word 'only' after the words 'special judges' in section 7 (1) of the criminal law amendment act of 1952. in our judgment the use of the word 'only' in that sequence does not make the section retrospective in its application. it only emphasizes the fact that special judges were to have ..... virtue of section 7 of the criminal law amendment act (act 46 of 1952), he had no jurisdiction to continue the trial of the case. section 7 of the criminal law amendment act of 1952 is in these words : '7(1) notwithstanding anything contained inthe code of criminal procedure 1898 (act 5of 1898) or in any other law the offencesspecified in sub-section (1) of section 6 .....

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Feb 15 1951 (HC)

Damodar Ganesh and ors. Vs. State

Court : Mumbai

Reported in : AIR1951Bom459; (1951)53BOMLR739; 1953CriLJ37

..... so far as the first contention is concerned, the argument is this. when the criminal law amendment act (xxiii [23] of 1932) was passed in the year 1932, it contained sub-section (3) to section 1 to the effect that the act would remain in force for three years from its commencement. the act received the assent of the governor-general on 19th december 1932, and would therefore ..... of the constitution--whether by way of repeal or amendment--as he may deem it necessary or expedient for the purpose of bringing the provisions of that law into accord with the provisions of this constitution. no such adaptation has been made so far as we are aware, and section 7 of the criminal law amendment act stands unadapted. under ..... section 7 of the criminal law amendment act draws no distinction between picketing in connection with a lawful strike and that in connection with an illegal strike. in that sense, the section is not severable. under article 372 of the constitution, the president has been given power to make such adaptations and modifications in the law in force in the territory of india immediately before the commencement ..... for us to make any such declaration. 17. the last argument of mr. vyas in this connection was that the petitioners were charged under clause (b) of section 7(1) of the criminal law amendment act and that sub-clause (b) has no application to this case. his contention was that clause (b) is intended to apply not to the employers and .....

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Jul 14 1955 (HC)

Vimal Kishore Mehrotra Vs. State of Uttar Pradesh and anr.

Court : Allahabad

Reported in : AIR1956All56; 1956CriLJ13

..... not press this point.4. the second point urged on behalf of the petitioner is that section 7, criminal law amendment act, 1932 is ultra vires the constitution. the learned counsel argued that section 7 of the act prohibits peaceful picketing, and such prohibition is unconstitutional.5. sub-section (1) of section 7, criminal law amendment act (23 of 1932) runs thus;'whoever-- (a) with intent to cause any person to ..... to separate the valid part from the invalid parts. so assuming (without deciding) that certain parts of sub-section (1) of section 7 of the act are ultra vires the constitution, the entire section 7 cannot be condemned on that ground.i hold that section 7, criminal law amendment act (23 of 1932) is intra vires the constitution at least so far as it relates to the charge against ..... of article 22(1), but that would be no ground for our not releasing him from ..... to have been done by him and whether it amounts to an offence punishable under section 7, criminal law amendment act are questions which will be decided during the trial and cannot be decided in advance of it.it may be that the applicant's freedom will be short-lived because he can be arrested again and detained after full compliance with the provisions .....

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Jan 18 1980 (HC)

Vinod Rao Vs. the State of Gujarat and anr.

Court : Gujarat

Reported in : 1981CriLJ232; (1980)2GLR926

..... , therefore, the second mentioned notification applies to the instant case.14. the last contention which mr. pandit has raised is that the notification issued under sub-sections (1) and (2) of section 10 of the criminal law amendment act, 1932, with reference to cr. p.c., 1898 cannot be regarded as a notification issued with reference to cr. p.c. 1973. the argument which ..... has produced before us another notification issued by the government of gujarat on 31st july, 1970 under sub-sections (1) and (2) of section 10 of the criminal law amendment act, 1932. it renders cognizable and non-bailable an offence punishable under section 506 of the i.p.c. if committed inter alia in the villages under the jurisdiction of navrangpura police station. one of ..... founded submission. in our opinion, the correct approach is to construe section 10 in light of the rule of construction laid down in section 8 of the general clauses act, 1897. section 8 provides as follows:8. (1) where this act, or any central act or regulation made after the commencement of this act, repeals and re-enacts, with or without modification, any provision of ..... a former enactment, then reference in any other enactment or in any instrument to the provision so repealed shall, unless a different intention appears, be construed as references to the provision so re-enacted,(2) where before the fifteenth day of august, 1947, any act .....

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Apr 17 1912 (PC)

Muthukumarsawmi Pillai and ors. Vs. Emperor

Court : Chennai

Reported in : 14Ind.Cas.896

..... ralph benson, j.1. in this case fourteen persons were tried by a special bench of this court, constituted under section 6(b) of the indian criminal law amendment act, 108, for an offence punishable under section 121a, indian penal code (conspiring to commit certain offences against the state), and also with abetting the murder of mr. ashe. the special bench acquitted all the accused on the ..... them, having regard to their position in the code of criminal procedure. in short, they have nothing to do with the statements of witnesses. i am not at all pressed by the difference in language between section 148 and section 149 of the code of criminal procedure of 1861, because i think a careful examination of the two sections will show that, in order to express clearly, and ..... to each of them.16. the objection referred to in the fifth point depends on the construction of section 162 of the criminal procedure code and may be very shortly dealt with. all the judges of the special bench are agreed as to the proper construction of that section. the same construction was placed upon it in the recent, case of fanindra nath baneriee v emperor ..... rex v. coll 24 l.r. 522. previous statements are also admissible in charges of rape and similar offences against females. the fact that the prosecutrix made a complaint very shortly after the outrage, together with the particulars of the statement, is admissible to confirm her testimony and disprove consent. in rex v. lillymen (1896) 2 q.b. 167 the court .....

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Feb 15 1912 (PC)

The King-emperor Vs. Nilakanta Alias Brahmachari and ors.

Court : Chennai

Reported in : (1912)22MLJ490

..... in equal force to all persons coming technically within the category. in a recent important trial under the criminal law amendment act, 1908, for an offence under section 121 a of the indian penal code in the calcutta high court (king-emperor v. lalit mohan chuckerbutty and ors. i.l.r. (1910) c. 559 it was conceded before the special bench as a proposition which was ..... them having regard to their position in the code of criminal procedure. in short they have nothing to do with the statements of witnesses. i am not at all pressed by the difference in language between section 148 and section 149 of the code of criminal procedure of 1861, because i think a careful examination of the two sections will shew that, in order to express clearly and ..... to each of them.18. the objection referred to in the fifth point depends on the construction of section 162 of the criminal procedure code and may be very shortly dealt with. all the judges of the special bench are agreed as to the proper construction of that section. the same construction was placed upon it in the recent case of fanindra nath banerjee v. emperor ..... queen v. coll 24 l.r. ir. 322 previous statements are also admissible on charges of rape and similar offences against females. the fact that prosecutrix made a complaint very shortly after the outrage, together with the particulars of the statement, is admissible to confirm her testimony and disprove consent. in the queen v. lillymen (1896) 2 q. b. 167 the .....

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Apr 17 1912 (PC)

Muthukumaraswami Pillai and Seven ors. Vs. King-emperor

Court : Chennai

Reported in : (1912)ILR35Mad397

..... apply in equal force to all persons corning technically within the category. in a recent important trial under the criminal law amendment act, 1908, for an offence under section 121-a of the indian penal code in the calcutta high court, emperor v. lalit mohan chukerbutty i.l.r. (1911) calc. 559, it was conceded before the special bench as a proposition which was not ..... evidence short of telling them that the law does not permit of their acting on such evidence, would that be inconsistent with anything contained in section 1337 clearly not then if the judge failed to give such directions, the provisions of this section would not prevent the question of the propriety of a verdict given under these circumstances being treated as a point of law. now section 1 ..... having regard to their position in the code of criminal procedure. in short they have nothing to do with the statements of witnesses. i am not at all pressed by the difference in language between section 348 and section 149 of the code of criminal procedure of 1861, because i think a careful examination of the two sections will show that, in order to express clearly and ..... coll (1883) 24 l.r. ir. 522. previous statements are also admissible on charges of rape and similar offences against females. the fact that the prosecutrix made a complaint very shortly after the outrage, together with the particulars of the statement, is admissible to confirm her testimony and disprove consent. in the queen v. lillymen (1896) 2 q.b. 167 the .....

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Dec 03 1934 (PC)

Emperor Vs. Bhawani Prosad Bhattacharjee and ors.

Court : Kolkata

Reported in : AIR1935Cal561,157Ind.Cas.1070

..... with the punishment provided for that offence. but the section which confers very rigorous powers upon the tribunal is section 6, bengal criminal law amendment act of 1925 as amended and that section reads as follows:provided that where the commissioners convict any person of any offence punishable under para. 1, section 307, i.p.c., committed after the commencement of the bengal criminal law second amendment act, 1932, they may pass on such person a ..... any offence punishable under para. 1, section 307, i.p.c., committed after the commencement of the bengal criminal law second amendment act, 1932, they may pass on such person a sentence of death or of transportation for life.20. as i have said, bhawani's offence of attempted murder clearly comes within section 307, i.p.c., and by the bengal criminal law amendment act of 1925 as amended by the subsequent enactments the commissioners ..... were told that tickets were not being issued then. they then wandered in a park nearby where they found ujjala and monoranjan sitting some distance from them. monoranjan and ujjala shortly after left the place without giving them any signal or sign of recognition. seeing that they could not get in bhawani and monoranjan went home. the other two went to .....

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Apr 09 2019 (SC)

Rupali Devi Vs. State of Uttar Pradesh

Court : Supreme Court of India

..... is located.11. to answer the above question, one will have to look into the statement of objects and reasons of the criminal law [2nd amendment act, 1983 (act 46 of 1983)]. by which section 498a was inserted in the indian penal code. the section itself may be noticed in the first instance: 498a.husband or relative of husband of a woman subjecting her to cruelty. whoever ..... indicate, is to provide a civil remedy to victims of domestic violence as against the remedy in criminal law which is what is provided under section 498a of the indian penal code. the definition of the domestic violence in the protection of women from domestic violence act, 2005 contemplates harm or injuries that endanger the health, safety, life, limb or well- being, whether mental or ..... 2 question indicated hereinabove.3. in y. abraham ajith and others v. inspector of police, (i) chennai and another (2004) 8 scc100 (ii) ramesh and others v. state of tamil nadu (2005) 3 scc507 (iii) manish ratan and others v. state of madhya pradesh and another (2007) 1 scc262 (iv) amarendu jyoti and others v. state of chhattisgarh and others (2014) 12 scc362 ..... a view has been taken that if on account of cruelty committed to a wife in a matrimonial home she takes shelter in the parental home and if no specific act .....

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Apr 09 2019 (SC)

Mahendra Prasad Mehta Vs. The State of Bihar

Court : Supreme Court of India

..... is located.11. to answer the above question, one will have to look into the statement of objects and reasons of the criminal law [2nd amendment act, 1983 (act 46 of 1983)]. by which section 498a was inserted in the indian penal code. the section itself may be noticed in the first instance: 498a.husband or relative of husband of a woman subjecting her to cruelty. whoever ..... indicate, is to provide a civil remedy to victims of domestic violence as against the remedy in criminal law which is what is provided under section 498a of the indian penal code. the definition of the domestic violence in the protection of women from domestic violence act, 2005 contemplates harm or injuries that endanger the health, safety, life, limb or well- being, whether mental or ..... 2 question indicated hereinabove.3. in y. abraham ajith and others v. inspector of police, (i) chennai and another (2004) 8 scc100 (ii) ramesh and others v. state of tamil nadu (2005) 3 scc507 (iii) manish ratan and others v. state of madhya pradesh and another (2007) 1 scc262 (iv) amarendu jyoti and others v. state of chhattisgarh and others (2014) 12 scc362 ..... a view has been taken that if on account of cruelty committed to a wife in a matrimonial home she takes shelter in the parental home and if no specific act .....

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