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Judgment Search Results Home > Cases Phrase: criminal law amendment act 2005 section 1 short title and commencement Court: guwahati Page 1 of about 135 results (0.074 seconds)

Jun 17 1953 (HC)

Maidhan Das Agarwalla Vs. R.B. Medhi and anr.

Court : Guwahati

..... , was appointed by the state government as the special judge for the lower assam districts to try offences punishable under section 161, i. p. c. and section 5 of the prevention of corruption act, 1947, and other offences specified in sub-section (1) of section 6 of the criminal law amendment act, 1952. after the said notification was published, the trying magistrate mr. m. n. barua forwarded the case to the ..... addition totheir duties within their respective' jurisdictionsto try the offences specified in clauses (a) and (b)of section 6(1) of the act. a further gazette notification appeared on 19-1-4953 whereby the stategovernment in exercise of its powers conferredby sub-section (1) of section 6 of the criminal law amendment act, 1952, in partial modification of the earliergazette notification,--appointed the followingsubordinate and assistant sessions judges in thestate as ..... made it clear that mr. hazarika by virtue of his office as special judge was authorised to try offences specified in clauses (a) and (b) of section 6(1) of the criminal law amendment act, 1952, arising within the goalpara district which would, normally cover the pending cases as well from, that district as there was nothing to suggest otherwise. it further appears that the .....

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Nov 15 2011 (HC)

Abani Mohan Das and Others Vs. the State of Tripura

Court : Guwahati

..... at to contain the extremists related offences, particularly, the offences specified in clause (a) of section 439 (a) of the said amendment act. the present eighth amendment act has been made to contain the notorious criminals and hardened criminals. the departure from the application of general law as prescribed in sections 167 and 439 of cr.p.c. has been made only to contain the extremist related ..... the context of statement of objects and reasons. 12. in view of the aforesaid discussion and reasons, i am of the opinion that the amendment of section 439 and section 167 as amended by the code of criminal procedure (tripura 4th amendment act, 1998) is confined to the extremist related offence or an offence committed by the extremists. so fare the other general case of ..... to go on bail under sub-section (2) (a) (1) of section 167 of the code. the provision of sub-section (2)(a)(1) of section 167 is mandatory. ? 13. section 167 of cr.p.c. is to be applied generally in all cases regarding the period of detention during investigation. the provision of the amendment act is departure from the law applicable in general. when the case ..... in the sixtieth year of republic of india as follows:- 1. (1) this act may be called the code of criminal procedure (tripura eighth amendment) act, 2009. (2) in extends to the whole of tripura. (3) it shall come into force at once and shall remain in force for three years from the date of commencement. provided that the state government may, from time to .....

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Mar 09 2006 (HC)

Pradesh Rai Vs. State of Assam

Court : Guwahati

..... to depend on the facts and circumstances of each case having regard to the object behind introduction of section 498-a, ipc by the criminal law (second amendment) act 46 of 1983. care and caution must be exercised while determining the liability of an accused under the section to eschew all subjective notions of what is cruel and to base the eventual conclusion on an objective ..... of pw 1 to pw 4 are to the effect that some time after the marriage of juni das and the accused petitioner, juni das suffered from tuberculosis which required her hospitalization, first ..... , ipc, the court may now proceed to examine the prosecution case against the accused petitioner as unfolded by the witnesses examined by the prosecution.of the five witnesses examined, pw 1 and pw 2 are the parents of juni das, whereas pw 3 and pw 4 are the brothers of juni das and pw 5 is the investigating officer. the evidences ..... the totality of the facts of the present case, would fall short of the requirements to bring home the offence under section 498-a, ipc.8. for the foregoing reasons, i am of the view that the judgment and order dated 18.6.2001 passed by learned sessions judge, morigaon in criminal appeal no. 32/2000 affirming the judgment dated 20.9.2000 passed .....

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May 25 2005 (HC)

State of Mizoram Vs. Rualhleithanga

Court : Guwahati

..... that chapter, there is a separate heading for 'sexual offences' which encompasses sections 375, 376, 376-a, 376-b, 376-c and 376-d. 'rape' is defined in section 375. sections 375 and 376 have been substantially changed by the criminal law (amendment) act, 1983, and several new sections were introduced by the new act i.e. sections 376a, 376b, 376c and 376d. the fact that sweeping changes were introduced ..... -2001 upon having been notified in the gazette of india pursuant to the provision contained in sub-section 3 of section 1 on the said act. according to the learned amicus curiae it is evident from the records of the criminal proceedings against the respondents that the accused was below 18 years of age and therefore, he is entitled to the protection under the ..... corroboration, as understood in the context of an accomplice, would suffice.17. in state of h. p. v. shree kant shekari : 2004 cri lj 4232 (supra), the apex court has observed as under :--'3. sexual violence apart from being a dehumanizing act is an unlawful intrusion on the right of privacy ..... cannot be acted without corroboration in material particulars. she stands on a higher pedestal than an injured witness. it has further been held that if the court on facts finds it difficult to accept the version of the prosecutrix on its face value, it may search for evidence, direct or circumstantial, which would lend assurance to her testimony. assurance, short of .....

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Jul 31 2007 (HC)

Dandiyamyrah Vs. State of Assam

Court : Guwahati

..... ) as so numbered, the following sub-section shall be inserted, namely:(2) nothing in this section shall disentitle the person so permitted under sub-section (1) to rely on any part ..... ) thereof and after sub-section (1 ..... act under the newly inserted sub-section (2) of section 154 of the evidence act, the portion of the statement or/evidence of witnesses, who had been declared hostile, can be relied upon. it would be appropriate to quote the section 9 of the criminal law (amendment) act, 2005, which reads as follows-9. amendment of section 154 of act of 1872-in the indian evidence act, 1872, section 154 shall be numbered as sub-section (1 .....

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Jun 25 1998 (HC)

Dhananjoy Bhowmik Vs. State of Tripura

Court : Guwahati

..... substantial questions of law of public importance involved in this petition is that whether the tripura amendment act is applicable only to the offences committed in connection with the insurgency related offence or it is applicable to the general offence of grave nature. to decide this issue we may refer to the provision of section 167 (2)(a)(1) and the amendment of the criminal procedure code amending sections 167 and ..... 439-a of the code of criminal procedure as amended by the code of criminal procedure (tripura fourth amendment) act, 1998 (hereinafter referred to as amendment).4. section 167(2)(a) mandated that magistrate shall not authorise detention of the accused persons in ..... the context of statement of objects and reasons.12. in view of the aforesaid discussion and reasons i am of the opinion that the amendment of section 439 and section 167 as amended by the code of criminal procedure (tripura 4th amendment act, 1998) is confined to the extremist related offence or an offence committed by the extremists. so far the other general cases of heinous crime committed .....

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Nov 06 2013 (HC)

Navendra Kumar Vs. Union of India and Another

Court : Guwahati

..... shall prevail. 93. for instance, let us take section 354 ipc. even before the enactment of criminal law (amendment) act, 2013, which introduced amendments in indian penal code, crpc, evidence act, etc., there were some states, which had already amended some of the features of section 354 ipc. 94. thus, in the state of andhra pradesh, sec. 354 ipc andhra pradesh act 6 of 1991 read as follows: ??354. assault or ..... force and for the extension to other areas [***] of the powers and jurisdiction of the members of the said force in regard to the investigation of the said offences; section 1 - short title and extent (1) this act may be called the delhi special police establishment act, 1946. (2) it extends to [the whole of india], [***]. ? 72. a careful reading of the preamble to the dspe ..... established agency, learned asg also took recourse to entry 1 and entry 2 of list iii (concurrent list), which provide as follows: ??1. criminal law, including all matters included in the indian penal code at the commencement of this constitution but excluding offences against laws with respect to any of the matters specified in list i or list ii and excluding the use of naval, ..... assam, kamrup, and, as a sequel to the conclusions, which we have so reached, the impugned judgment and order, dated 30.11.2007, passed, in wp(c) no.6877/2005, need to be set aside. 179. in the result and for the reasons discussed above, this appeal partly succeeds. we hereby set aside the impugned judgment and order, dated 30 .....

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Jun 10 1959 (HC)

Promode Ranjan Saha and anr. Vs. the State

Court : Guwahati

..... am unable to see how this has in any way prejudiced the defence.20. it is seen from ext. 6 that p.w. 13 applied to the district magistrate on 2-10-1957 and got an order authorising him to investigate the case on 6-10-1957 and he commenced the investigation the very same ..... under section 161.it is in the interests of public officers that such procedure should be adopted. it was only on being satisfied with the report of p.w. 12 that the superintendent of police directed p.w. 13 the circle inspector of police to start the investigation after getting the necessary authorisation from the district magistrate as required under the criminal law amendment act. i ..... osman all and that since then biswambar has not been on good terms with osman ali. though this was the story set up by biswambar datta in his statement under section 342, the suggestion put to osman ali in evidence was something quite different. it was that biswambar datta got the reward and that this enraged jan mahammed who was related ..... , even though biswambar datta had been arrested and released on bail in october, 1957 and promode saha in december, 1957. the holding of a t.i. parade in march 1958 under such circumstances is nothing short of a farce. another reason for the delay was in obtaining the required sanction to prosecute biswam' bar datta who was a public servant.it is .....

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Jul 26 1951 (HC)

Prabhat Malla Barooah Vs. D.C. and ors.

Court : Guwahati

..... of the first remand, but not on any subsequent occasion. (3) that sections 15 and 16, criminal law amendment act offend the fundamental right guaranteed by article 19(1)(c), constitution of india, and are, therefore, void; that in any case, the provisions of sections 15 and 16, criminal law amendment act, are not reasonable restrictions on the exercise of the right conferred by clause ( ..... person prosecuted under section 17(1), criminal law amendment act to prove that the, association does not interfere or has for its object interference with the administration of the law or with the maintenance of law and order, and that it does not constitute a danger to the public peace. section 15(2)(b) must be read with section 16, criminal law amendment act. section 16 does not ..... . state of madras : air1951mad147 which has taken the view that sections 15 and 16, criminal law amendment act, offend the fundamental right given by article 19(1)(c), constitution of india. the case before the learned judges of the madras high court was a case under the criminal law amendment act, 1908, as amended by the madras legislature. with all respect, any observations made by ..... not a member of such an association. it seems to me that the declaration contemplated by section 16, criminal law amendment act is, on the contrary, a safeguard provided for the benefit of persons who are sought to be prosecuted under section 17(1) of the act.8. it was not suggested by mr. barua for the petitioner that at the trial .....

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Mar 15 1955 (HC)

Ukakhasia Uchai Khasia Vs. Manipur State and ors.

Court : Guwahati

Reported in : 1956CriLJ249

..... code, was alleged to have been committed by the present petitioner.the learned government advocate has urged before me that as section 116, i.p.c. has not been amended by the criminal law amendment act, 1952 the prosecution of the present petitioner under section 161/116, i.p.c. could proceed in the court of extra assistant commissioner (opposite party no. 2) in accordance with the provisions of ..... a special judge under any section of the code of criminal procedure (act v of 1898)it clearly lays down qualifications for persons who can be appointed special judges for the purpose of criminal law amendment act 1952 and these qualifications are that ..... be tried by a special judge appointed under section 7 of the criminal law amendment act, 1952.11. it was also argued by the learned government advocate that as the code of criminal procedure is not enforced in manipur state, no special judge could be appointed under the criminal procedure code, as laid down by sub-section 2 of section 6, criminal law amendment act 1952. i think sub-section 2 does not provide for appointment of .....

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