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Judgment Search Results Home > Cases Phrase: criminal law amendment act 2005 section 1 short title and commencement Court: patna Page 1 of about 70 results (0.093 seconds)

Jul 21 2009 (HC)

State of Bihar Vs. Surendra Manjhi and Saryug Manjhi

Court : Patna

Reported in : 2010CriLJ292

..... 2005/210 of 2007. the trial ended in judgment dated 6th of june, 2008. while the two appellants were found having committed offences under sections 147, 148, 458, 120b, 302, 307, 380, 332, 333, 353, 341, 436, 342 read with section 149 of the indian penal code, besides, sections 4 and 5 of the explosive substances act and section 17 of the criminal law amendment act ..... accused and he had identified two persons. he had identified appellant surendra manjhi, and saryug manjhi in context of the acts done by them. p.w. 1 has stated that appellant surendra manjhi was found taking away rifle and gun whereas appellant saryug manjhi was found committing theft ..... , it requires corroboration from other evidence. here, in the present case the weakness of the evidence comes from this fact that p.w. 1 having identified bindeshwari manjhi and arjun manajhi in the test identification parade could not identify the same persons in court. we could, as such ..... no decisions which have been cited by learned counsel for the state applies to the present case simply for the reason that p.w.1, the solitary identifying witness, has admitted that the accused persons were arrested, they were kept at the police station and from there were ..... in case diary and identification chart.(b) identification of suspected articles-in this connection, the following instructions shall be followed word by word:(1) for identification of one article three or four articles of similar nature shall be mixed up.(2) no mark shall be put on .....

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Jul 21 1994 (HC)

Jaidhari Roy and ors. Vs. State of Bihar and ors.

Court : Patna

..... were appointed as assistant public prosecutor. the move of the government to appoint public prosecutors/additional public prosecutors from amongst the assistant public prosecutors in the state of bihar under section 24(6) of the code of criminal procedure (as amended by bihar act 16 of 1984) has led to the filing of this writ petition. the petitioners contend that in terms' of ..... ) lays down that a person shall be eligible to be appointed as a public prosecutor or an additional public prosecutor under sub-section (1) or sub-section (2) or sub-section (3) or sub-section (6), only if he has been in practice as an advocate for not less than seven years. it is, therefore, clear that even a person belonging to the regular cadre ..... - taken, it is not necessary to consider this argument because the question of review does not arise in his case. i have come to the conclusion that the earlier judgment of this court was per incuriam, since it ignored the principle of law laid down by the supreme court in k. j. john's case (1990 cri lj 1777) (supra). even assuming ..... state of kerala is concerned under rule (5) of the kerala government law officer (appointment & conditions of service) and conduct of cases rules, 1978, it has been stated that the legal advisor to the vigilance department, additional legal advisor to the vigilance department and assistant public prosecutor gr. i shall belong to the state cadre in the sense that for the purpose .....

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May 18 2012 (HC)

Shambhu Das Vs. the State of Bihar

Court : Patna

..... . 01-2012 heard learned counsel for the petitioner and learned app for the state. the petitioner seeks bail in a case registered against unknown under section 396 of the indian penal code and section 17 of the criminal law amendment act. submission is that the petitioner is not named in the fir and has not been put on test identification parade. petitioners name has come on ..... patna high court cr.misc. no.2495 of 2012 (2) dt.18-01-2012 in the high court of judicature at patna criminal miscellaneous no.2495 of 2012 ====================================================== shambhu das son of madan das, r/o village- parsando, p.s.- havwli kharagpur (parasathua, o.p.), district... petitioner/s versus the state of bihar ...... .... .....

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May 23 2012 (HC)

Bhullu Yadav @ Bholu Yadav Vs. the State of Bihar

Court : Patna

..... petitioner and the state. the petitioner is languishing in custody since 21.12.2001 in a case registered for the offence under sections 302, 307, 323,324, 341, 147, 148, 149 of the indian penal code and 17 of the criminal law amendment act. the petitioner alleged to have assaulted with garasa on the head and face of deceased. the statement has been made in ..... patna high court cr.misc. no.1077 of 2012 (2) dt.23-01-2012 in the high court of judicature at patna criminal miscellaneous no.1077 of 2012 ====================================================== bhullu yadav @ bholu yadav .... .... petitioner. versus the state of bihar .... .... opposite party. ====================================================== coram: honourable mr. justice dinesh kumar singh oral order (per: honourable mr. justice .....

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Dec 16 1999 (HC)

Sri Abhijit Sinha, Spl. Judge, Vigilance Vs. S.Z.H. Zafari and anr.

Court : Patna

..... has not affected the lodging of fir under the provisions of p.c. act, 1947 because section 30(2) of p.c. act, 1988, which is a saving section, lays down that notwithstanding the repeal of p.c. act, 1947 and criminal law amendment act, 1952 without prejudice to the application of section 6 of general clauses act, 1897 anything done or any action taken or purported to have been done ..... s. z. h. zafari and braj bhushan sahay by filing separate petitions raised an objection that in absence of a sanction order from the appropriate authority under section 197(1) of the code of criminal procedure (in short, cr. p.c.) the court was debarred from taking cognizance against them notwithstanding the fact that they had ceased to be the public servants. in support ..... materials, the materials remained dumped in go downs and were damaged. after investigation, charge-sheet was submitted under section 5(2) read with section 5(1)(d) of p.c. act, 1947 corresponding to section 13(2) read with section 13(1)(d)/15 of p.c. act, 1988 and sections 109, 120b, 201 and 511 of the indian penal code against sri s.z.h. zafari, sri ..... secretary to engineer-in-chief, all of the public health engineering department, under section 5(2) read with section 5(1)(d) of prevention of corruption act, 1947 (in short p.c. act 1947) corresponding to section 13(2) read with section 13(1)(d)/ 15 of prevention of corruption act, 1988 (in short p.c. act, 1988) and sections 120b, 109, 201 and 511 of the indian penal code on the .....

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May 24 2012 (HC)

Manish Kumar @ Ramesh Singh @ Mukhiya @ Ramesh Yadav Vs. the State of ...

Court : Patna

..... of the indian penal code and patna high court cr. rev. no.1586 of 2011 (3) dt.24-01-2012 sections 25(a)/25(1-b)a/26 of the arms act and section 17 of the criminal law amendment act. learned counsel for the petitioner submits that there is no recovery from the person of the petitioner and it is alleged that upon confessional statement of the ..... to be 16 years and three months on the date of occurrence. learned counsel submits that though the petitioner was earlier made an accused in a case under the arms act but is on bail in the same. he submits that the petitioner is in custody since 12.05.2011. considering the facts and circumstances of the case, let the petitioner ..... pandey, learned a.p.p. for the state. this application is for grant of bail to the petitioner under the provisions of the juvenile justice (care and protection of children)act, 2000. earlier such prayer was rejected vide order dated 14.10.2011 by the juvenile justice board in j.j.b. case no. 360 of 2011. the appeal was also ..... of 2011 (3) dt.24-01-2012 in the high court of judicature at patna criminal revision no.1586 of 2011 ====================================================== 1. manish kumar @ ramesh singh @ mukhiya @ ramesh yadav s/o sri birendra singh resident of - govind dih, police station- piro in the district of bhojpur .... .... petitioner versus 1. the state of bihar .... .... respondent ====================================================== appearance : for the petitioner/s : mr. for the respondent .....

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May 03 2000 (HC)

Bishwanath Ram Vs. the State of Bihar

Court : Patna

..... .5.1998 and the police took up the investigation in the case and submitted charge-sheet against the petitioner under sections 121/121a/122/124a/384/216 of the indian penal code along with section 17 of the criminal law amendment act, on 3.8.1998, i.e. on the 9th date from the date of first remand of the petitioner. the learned chief judicial magistrate, garhwa ..... that case, the special judge (cbi), patna, had made a reference to the high court under section 395 of the code for a decision on two questions of law. those two questions of law were as follows:(1) whether the proceeding in between filing of charge-sheet and commencement of trial in a warrant case is an inquiry?(2) whether the under trial can be ..... required by section 238, satisfy himself that the provisions of section 207 have been complied with. after he is satisfied that section 207 is complied with, he must proceed to consider the relevant material required to be placed before ..... to take cognizance, having regard to the provisions of sections 195 to 199 of the code. if he decides not to take cognizance, no case is instituted before him on a police report. if he decides to take cognizance and the accused appears before him, or is produced before him, the stage of commencement of trial is reached. he must then, as .....

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May 24 2012 (HC)

Sabal Singh Vs. the State of Bihar

Court : Patna

..... /34 of the i.p.c. and section 17 of the criminal law amendment act. according to the prosecution case stone chips loaded truck was seized by the informant and five persons sitting in the cabin of the ..... truck were apprehended. explosive substances kept in gunny bags were found concealed under the stone chips. it is submitted by learned counsel for the petitioner that petitioner was not named in the f.i.r ..... court of judicature at patna criminal miscellaneous no.2167 of 2012 ====================================================== sabal singh .... .... petitioner/s versus the state of bihar .... .... opposite party/s ====================================================== appearance : coram: honourable mr. justice dinesh kumar singh oral order (per: honourable mr. justice dinesh kumar singh 24. 01-2012 petitioner is apprehending his arrest in a case registered for the offences under sections 121(a), 122, 414, 120b .....

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May 24 2012 (HC)

Kuldip Chaudhary Vs. the State of Bihar

Court : Patna

..... is in custody in connection with chutiya p.s. case no.36 of 2010 for the offences punishable under sections 147, 148, 149, 458, 364 and 506 of the indian penal code, section- 27 of the arms act and section 17 of the criminal law amendment act and subsequently section 302 of the indian penal code was added. the petitioner is not named in the fir. the allegation against ..... in the high court of judicature at patna criminal miscellaneous no.37665 of 2011 ====================================================== kuldip chaudhary, s/o nathuni chaudhary, resident of village- nawadih khurd, p.s.- chutiya, district- rohtas. .... .... petitioner/s versus the state of bihar .... .... opposite party/ .....

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Mar 02 1993 (HC)

Ahmad Ali Akhtar and anr. Vs. Union of India (Uoi) and anr.

Court : Patna

..... madras v. v. g. row : 1952crilj966 , the appeal before the supreme court was from an order of the high court of madras adjudging section 15(2)(b) of the indian criminal law (amendment) act, 1908, as amended by the indian criminal law amendment (madras) act, 1950, as unconstitutional and void, and quashing government order no. 1517|dated 10th march, 1950, whereby the state government declared a society called ..... contained in sub-clause (ii) shall apply to the state of jammu and kashmir;(a) substituted for clause (g) by criminal law (amendment) act, 1972 (31 of 1972) section 4 (14-6-1972).chapter iiunlawful associationsection 3. declaration of an association as unlawful.-(i) if the central government is of opinion that any association is, or has become, an unlawful association, it may, by ..... peace ;now, therefore. his excellency the governor of madras, in exercise of the powers conferred by section 16 of the indian criminal law amendment act, 1908 (central act 14 of 1908) hereby declares the said association to be an unlawful association within the meaning of the said act.it has to be pointed out that in that case no copy of the order was served ..... and, where necessary modified by that of the other.the judicial committee in prafulla kumar mukherjee v. bank of commence 1945 fcr 179, referred to with approval the following observations of sir maurice gwyer, c. j. in subrahmanyan chettiar's case a.i.r. 1947 fc 47 at p. 51:it must inevitably happen from time to time that legislation, though .....

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