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  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 .....Tag this Judgment!
Court : Mumbai
Reported in : 1998CriLJ4496
..... considering the correctness of the judgment of punjab and haryana high court acquitting the husband of the offence punishable under section 306 of i.p.c. in para 24 of the judgment, the apex court referred to the amendment inserted by the criminal law (amendment) act, 1983 and observed as under:.the degradation of society due to the pernicious system of dowry and the unconscionable demands ..... . it is then contended that there is no vagueness or obscurity in the definition of the word 'cruelty' contained in section 498-a of i.p.c. lastly, it is submitted that looking to the reasons and objects of the criminal law (amendment) act 46 of 1983 which received the assent of the president on 25th december, 1983, (here is a rational nexus between ..... an enactment. it is assumed that the legislature understands and correctly appreciates the needs of its own people. its laws are directed to problems made manifest by experience and its classification ..... the court is to examine the purpose and policy of the act and then to discover whether the classification made by the law was reasonable in relation to the object that the legislature seeks to achieve. the purpose and object of the act is to be ascertained from the examination of its title, preamble and provisions. there is a presumption of constitutionality of .....Tag this Judgment!
Court : Mumbai
Reported in : 2004CriLJ2177
..... and anr. : 1984crilj647 the constitution bench while interpreting the provisions of the prevention of corruption act, 1947, as well as implications of section 8(1) as introduced by the criminal law amendment act, 1952 once again clarified the procedural law to be followed by the special court. section 8(1) as introduced by 1952 act reads thus:'a special judge may take cognizance of offences without the accused being committed to ..... recording reasons. chapter xvi is titled as 'commencement of proceedings before magistrate'. the scheme of the code as amended in 1973 and 1978 indicates that chapter xiv deals with the conditions requisite for initiation of the proceedings, chapter xv deals with the complaint to the magistrate and the procedure to be followed by the magistrate and the commencement of proceedings on such complaint moved ..... . 4 of 2003 under mcoca. on the next day, the verification of the complainant was recorded under section 200 of the code of criminal procedure (the code for short). the learned judge did not think it appropriate to proceed further by invoking the power under section 204 of the code and by postponing the same he proceeded to record evidence of some witnesses, a .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1954Bom327; (1954)56BOMLR199; ILR1954Bom763
..... nos. 4 and 5 have contended that the special judge appointed under the criminal law amendment act no. 46 of 1s52 had no competence to try an offence under section 161 read with section 116, penal code and that, therefore, the court of the learned trial magistrate, where the case was commenced, was alone competent to continue to try it and decide it.14. in ..... continue the trial of the accused for an offence under section 161 read with section 116, penal code from the date of the coming into force of the criminal law amendment act, 1952 which i shall hereinafter refer to as the 'act', the learned government pleader has relied on sections 6, 7 and 10 of the act. by section 6(1), the legislature empowered the state government to appoint special ..... act. by section 5, sub-section (1), of the act, certain amendments were made in section 337, criminal p. c. and by sub-section (2) it was provided that those amendments would remain in force for a period of two years from the commencement of the act. section 7, sub-section cd, provided that notwithstanding anything contained in the code of criminal procedure, 1898, or in any other law, the offences specified in sub-section (1) of section ..... and the acquittal of accused nos. 3, 4 and 5 complained of by the state government must be set aside.vyas, j.12. a short but important point of law has arisen in this case and i wish to add my observations to what has been stated by my learned brother. there were five accused persons in this case and the charge .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1959Bom437; (1959)61BOMLR591; 1959CriLJ1153; ILR1959Bom1088
..... of the special judge appointed under the criminal law amendment act, 1952 (xlvi of 1952).'now, this sub-section which is newly added cannot have reference to pending cases only for which provision had been made under section 10 of the criminal law amendment act, which provided that all cases triable by a special judge under section 7 which immediately before the commencement of the act, were pending before any magistrate shall on ..... court of session, the magistrate has to send the accused for trial to the court of special judge without making any further inquiry. this provision is perfectly consistent with section 8(1) of the criminal law amendment act which as already stated, enables the court of a special judge to take cognizance of an offence without any committal proceedings. but the important thing to be noted ..... to an accomplice with regard to offences under sections 161, 165 and 165a i.p.c. by section 5 of the criminal law amendment act, 1952, in the first instance and subsequently by section 59(a)(ii) of the code of criminal procedure (amendment) act 26 of 1955 these three section were inserted in section 337(1) of the criminal procedure code, os that, after this amendment, under section 337 of the criminal procedure code any magistrate of a first class, at .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1962Bom205; (1962)64BOMLR188
..... judge to take cognizance of offences specified in section 6 of the act of 1952 are wide and unlimited.(5) if the above view is correct, then the question as to whether the special judge is a sessions judge or a magistrate becomes of an academic importance. the special judge is a creature of the criminal law amendment act, 1952. he enjoys a special status under ..... his predecessor in the course of the first investigation, it will be open to the special judge who has taken cognizance to proceed to discharge the accused at the very commencement of the trial. the arguments advanced by mr. mengade and mr. pardiwala appear to us to have been hosed on a misconception regarding the proper function of the investigating agency ..... and we have, therefore, to examine these provisions closely with a view to find out as to what are the powers and functions of a special judge. sub-section (1) of section 6 of the act of 1952 relates to the appointment of a special judge and provides:' the state government may, by notification in the official gazette, appoint as many special judges as ..... special judge, gosewade took cognizance of the case, issued processes and framed charges against the accused. the short question, therefore, for our consideration is, whether the action taken by the special judge gosewade can be considered to be illegal or void merely because he acted on the material collected by an officer who was not authorised to do so and on the .....Tag this Judgment!
Court : Mumbai
Reported in : 2002(6)BomCR239
..... maharashtra government by an order dated 28th august, 1998 authorised the appellant no. 2 herein to move for an attachment of the property of the respondent in terms of section 3(1} of criminal law amendment ordinance, 1944 hereinafter called as 'the said ordinance'. pursuant thereto, an application dated 24-4-1989 came to be filed before the learned chief judge, small causes court at ..... bombay and an order of interim attachment came to be passed on the very day i.e. 28th april, 1989 in terms of prayer clause under section 4(1) of the said ..... the aid ordinance are relating to the scheduled offences. as already observed above. the preamble of the ordinance itself abundantly makes it clear that though the ordinance is called as 'criminal law amendment act 1944' in fact it relates to attachment and disposal of the property of a person who has procured such property by means of certain scheduled offences, and the ordinance does ..... required to be issued to such person as well as to all the persons represented to him is having or being likely to claim interest or title in the properties attached. under sub-section (4) of section 4 any person claiming an interest in the attached property or any portion thereof may, notwithstanding that no notice has been served upon him under this .....Tag this Judgment!
Court : Mumbai
Reported in : 1985(2)BomCR633
..... by them on the ground that as no sanction to prosecute them or any of the offences mentioned in section 6 of the criminal law amendment act nor any sanction for conspiracy under section 120b, i.p.c. to commit the offences mentioned in section 6 of the criminal law amendment act, 1932 was granted by the sanctioning authority, they cannot be tried by the special judge for any of ..... together as to form the same transaction and hence by virtue of sub-section (1) of section 220 read with clauses (a) and (b) of section 223 read with sub-section (3) of section 7 of the criminal law amendment act, accused nos. 4 to 14 can be charged and tried alongwith accused nos. 1 to 3 and 15 for offences complained of against them, even though there ..... the prosecution case that they joined the criminal conspiracy hatched by accused nos. 1 to 15. it is contended on their behalf that section 7(3) of the criminal law amendment act cannot be invoked to confer jurisdiction on the special judge to try the accused who are not public servants.10. sub-section (1) of section 6 of the criminal law amendment act, 1952 which confers powers on the state ..... guilty of serious offences, had to be let off, because the prosecutions were not launched within the prescribed period although the section is intended for protecting the officers from vexatious prosecutions, the present limitation period is too short. it is proposed to extend this period to two years in the case of police officers who are mainly concerned with the .....Tag this Judgment!
Court : Mumbai
Reported in : 2001ALLMR(Cri)1359; 2002BomCR(Cri)313; (2001)4BOMLR258; II(2001)DMC456; 2001(4)MhLj184
..... accused no. 1. in fact, he has observed in para 15 of his judgment that the possibility of sunita's committing suicide cannot be ruled out and has left the matter only at that point without taking into account the ingredients of section 498a of the indian penal code, which was brought on the statute by the criminal law (second amendment) act, 1983 (act 46 of 1983 ..... the wife of respondent no.1 ganpat dinkar shinde. their marriage took place on ..... learned additional sessions judge, ahmednagar, acquitted both the respondents/original accused nos. 1 and 2 for the offence punishable under section 302 read with section 34 of the indian penal code. he also acquitted respondent no. i /original accused no. 1 for the offence punishable under section 498a of the indian penal code.2. in short, the prosecution story can be stated as follows : deceased sunita was .....Tag this Judgment!
Court : Mumbai
Reported in : 1982(1)BomCR760
..... commenced properly speaking on the 17th of march, 1981 and by 24th march as many as fifteen witnesses had been examined. on 24th march, 1981 accused no. 13 khilare made an application for grant of conditional pardon. it is this application which was numbered as exh. 128. the impugned order states that the application was under section 8(2) of criminal law amendment act read with section ..... was the common secretary to several co-operative societies.3. 16th march, 1981 was the day fixed for the commencement of the trial and on that day accused no. 1 made an application that he should be granted conditional pardon and offered to make full and true disclosure. this, ..... . the stay initially granted on 6th april, 1981 will stand vacated.12. on mr. chitnis's application, i direct that the trial will commence after 3rd august, 1981. record and proceedings to be sent back forthwith when this direction is given viz. that the trial will ..... person to make necessary application to the special judge which must be considered on its merits and in accordance with law. it would prima facie appear to me, though i refrain from making a final observation, that once accused no. 13 is not arranged as an accused person his ..... .8. mr. chitnis has briefly taken me through the evidence recorded during the seven days before the application ex. 128 was made and i substantially agree with the learned special judge that it was more or less formal evidence. it is undoubtedly very important to have the formal evidence .....Tag this Judgment!