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Judgment Search Results Home > Cases Phrase: criminal law amendment act 2005 section 1 short title and commencement Court: punjab and haryana Page 1 of about 607 results (0.108 seconds)

May 03 1954 (HC)

Krishen Kumar Vs. the State

Court : Punjab and Haryana

Reported in : AIR1955P& H151; 1955CriLJ1101

..... the code, on the report of sub-inspector sumair shah singh. on the commencement of the criminal law amendment act, 1952, the magistrate forwarded for trial to the-special judge under section 10 of that act the case, 'state v. krishan kumar'. in the court of the special judge, shri p.c. gera p. w. 1 was examined on 1-5-1953 and by the judgment under appeal in ..... bench for decision:'whether the failure to comply with section 5a of the prevention of corruption act, 1947, in respect of investigation, is an illegality which vitiates the whole proceedings in the trial or bars a trial, or whether it is merely an irregularity curable under the provisions of the code of criminal procedure?'2. shortly put, the facts of the cases out of ..... public servant, committed the offence of criminal misconduct by ..... which criminal appeals nos. 25-d and 434 of 1953 have arisen are these: in corruption case no. 3 of 1953 krishan kumar was prosecuted under section 5(2), prevention of corruption act, 1947, hereinafter referred to as the act, on the charge ghat he, being a .....

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Oct 04 1961 (HC)

Vidya Sagar Bulaqi Ram Vs. the State

Court : Punjab and Haryana

Reported in : AIR1962P& H487

..... , the offence would still be not one that would fall under sub-section (1) of section 6 of the criminal law (amendment) act, 1960. this is not the stage where i would like to express an opinion on these rival contentions that have been raised. i would, however, like to point out that sub-section (1) of section 6 of the criminal law (amendment) act does not punish instigation and incitement for commission of any offence ..... , but only instigation or incitement 'to act in disobedience of any order made under section 144 of the criminal procedure code.' the second part of section 6(1) of the criminal law (amendment) act punishes a person who does any act for the purpose of encouraging the disobedience of an ..... order promulgated under section 144 of the criminal procedure code. this is evident from the use of the expression 'such order' contained in the later portion of sub-section (1) of section 6, criminal law (amendment) act, 1960, which runs as .....

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Jul 02 1997 (HC)

Satvir Singh and ors. Vs. State of Punjab and anr.

Court : Punjab and Haryana

Reported in : 1998CriLJ405

..... brides rarely noticed, deserves much preventive and stringent legislations.5. section 304-b and section 498-a with other provisions were inserted in the indian penal code by the criminal law (second amendment) act, 1983 with effect from 23rd december 1983. the amendments suggest the anxiety of the parliament to extend protection to the weaker spouse. earlier short of physical cruelty the mental cruelty made the life of ..... the findings recorded were (at page 1393 of cri lj) :- it may be remembered that the case was at the stage of framing charges; the prosecution evidence had not yet commenced. the magistrate had, therefore, to consider the above question on a general consideration of the materials placed before him by the investigating police officer. at this stage, as was pointed ..... ;b) the accused may abet the commission of such suicide. we know from the decision in the case of wazir chand v. state of haryana (1989) 1 scc 244 : 1989 cri lj 809 that before section 306, ipc is to be attracted, commission of suicide must be proved. if a lady is unnecessarily harassed, it derives her to commit suicide, in such ..... report;(b) is exclusively triable by the court, he shall frame in writing a charge against the accused.2. where the judge frames any charge under clause (b) of sub-section (1), the charge shall be read and explained to the accused and the accused shall be asked whether he pleads guilty of the offence charged or claims to be tried. these .....

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May 04 1994 (HC)

Krishan Lal and ors. Vs. Union of India (Uoi) and ors.

Court : Punjab and Haryana

Reported in : 1994CriLJ3472

..... same since mr. gaur had dilated upon the provisions of this section qua raising a rebutable presumption vis-a-vis the provisions of section 113b of the evidence' act raising unrebuttable presumption against the accused, the above referred provisions are considered worth noticing.12. the statement of objects and reasons for enacting criminal law (second amendment) act no. 46 of 1983 read as under:the increasing number ..... to conclude that the legislature has tried to amend i the law in order to curb the vice of cruelty to the married woman by their husband or the relatives of her husband which may culminate in suicide by or murder of the helpless woman concerned. it can be safely said that this amendment of the criminal law and the rule of procedure was necessitated to ..... then the atmosphere becomes calm and quiet and then again there is demand. it was further remarked that where a wife dies in the house of the husband within a short span of seven years of her marriage, it is of considerable difficulty to assess the precise circumstances in which the incident occurred because ordinarily independent witnesses are not available as ..... married woman beyond that period has resulted in discrimination. on the other hand, it is a well, founded classification and have direct nexus with the object sought to be achieved i.e. curbing the vice and meance of dowry deaths. similarly raising a presumption of dowry death or providing for punishment for dowry death against a husband or the relatives of .....

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Feb 12 1990 (HC)

Renu and ors. Vs. State of Haryana and anr.

Court : Punjab and Haryana

Reported in : 1991CriLJ2049

..... quashment of the fir and investigation connected therewith on the ground that as per allegations in the complaint, offence under section 498a was allegedly committed prior to the year 1983 and that the provisions of section 498a, ipc having been inserted vide criminal law (second amendment) act no. 46 of 1983 which came into force with effect from 25-12-1985, the petitioners are not liable ..... and ultimately she was turned out about six years prior to the filing of the complaint. the complaint was filed on 7-1-1988. thereafter, ashok kumar petitioner filed a petition for divorce under section 13 of the hindu marriage act levelling false allegations to the effect that raj rani was incapable of giving birth to a child. this application was subsequently got ..... connotation or a static import are difficult to define. their lordships then referred to the earlier observations of the apex court in state of bihar v. deokaran nenshi, (1973) 1 scr 1004 : (1973 cri lj 347) and relied upon the following observations in that case :--'a continuing offence is one which is susceptible of continuance and is distinguishable from the ..... offence continues. the term 'continuing offence' has not been defined in the code or in any other statute. the apex court in bhagirath kanojia v. state of m.p. (1985) 1 chand lr(cri) 112 : (air 1984 sc 1688) held that the expression 'continuing offence' has not been defined in the code intentionally because expressions which do not have a fixed .....

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Aug 21 2001 (HC)

Parveen Kumar Vs. State of Haryana

Court : Punjab and Haryana

Reported in : 2001CriLJ4583; I(2002)DMC486

..... conspiracy as defined in section 120-a of the indian penal code in so far as it ..... the prevention of corruption act, 1947.(v) the prevention of ..... release under the act(a) persons who have been convicted for offences under the following acts, or provisions thereof :-(i) chapters vi and vii, sections 216a, 302, 303, 311, 328, 364, 376, 377, 382, 386 to 389, 392 to 402, 413, 455 to 460 of the indian penal code.(ii) the indian criminal law amendment act, 1908.(iii) the explosive substances act, 1908.(iv) ..... food adulteration act, 1954.(vi) the drugs and cosmetics act, 1940.(vii) offences of criminal .....

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Oct 12 1953 (HC)

Nishan Singh Harnam Singh Vs. the State

Court : Punjab and Haryana

Reported in : AIR1955P& H65; 1955CriLJ609

..... irregularity of this kind prior to the commencement of the trial does not vitiate the trial itself.'6. it is urged that in the present case the jurisdiction of mr. tirath das sehgal was conferred on him by the notification of the 6-11-1952 issued under the provisions of clause (2) of section 6, criminal law amendment act. that notification issued under statutory powers was ..... . tirath das sehgal jurisdiction over all cases of this nature. bo far as the allocation of a particular case is concerned that matter is dealt with by another section of the criminal law amendment act, that section being section 7 clause (2) which authorises the state government to allocate the various cases. it is argued that this is a purely ministerial duty and that clause (2) of ..... to have, been brought to somebody's notice that cases cannot be transferred by the sessions judge to the additional sessions judge. under section 7, clause (2), criminal law amendment' act, it is provided that every offence specified in sub-section (1) of section 6 shall be tried by the special judge for the area within which it was committed, or where there are more special judges than ..... the magistrate from the copying department office. it is said that this interval of time taken to travel from the copying department to the magistrate's court room was so short that the statement of the accused that this sum of rs. 12/- was part payment of the loan given by the accused might be taken as his explanation given at .....

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Dec 08 1953 (HC)

Ratilal M. Nanavati and ors. Vs. State of Delhi

Court : Punjab and Haryana

Reported in : AIR1954P& H178

..... of the delhi state government, the court might give an authoritative decision on two points namely:(1) whether it is within the competence of a high court to transfer a case which lias been allotted to a particular special judge under the provisions of section 7(2), criminal law amendment act, 1952? and(2) whether it is within the power of a state government to transfer ..... a pending case from one special judge to another special judge?7. section 526, criminal p. c., and clause 22, letters patent, empower the high court to transfer any ..... themselves. they were prosecuted under sections 120b, 161 and 165, penal code, and section 5(2), prevention of corruption act, 1947.3. on 24-1-1953 the delhi police establishment presented two challans against the petitioners in the court of s. gurdev singh, one of the special judges appointed by the delhi state government under section 7(2) of the criminal law amendment act, 1952. s. gurdev singh recorded ..... pending in the court of s. gurdev singh, the order must be deemed to have been passed in accordance with the provisions of law. it seems to me, therefore, that these two applications can be thrown out on the short ground that the cases were validly transferred from the court of s. gurdev singh to that of mr. jain as at least .....

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Jun 07 1954 (HC)

State of Delhi Vs. S.Y. Krishnaswamy and ors.

Court : Punjab and Haryana

Reported in : AIR1954P& H294; 1955CriLJ72

..... whose jurisdiction such witness resides, to take the evidence of such witness.' sub-section (3) of section 8, criminal law amendment act, 1952, runs as follows: '(3) save as provided in sub-section (1) or sub-section (2) the provisions of the code of criminal procedure, 1898, shall so far as they are not inconsistent with this act, apply to the proceedings before a special judge, and for the purposes of ..... gurdev singh was unable to accede to this request as he was of the opinion that a special judge appointed under the provisions of the criminal law amendment act, 1952, has no power to issue a commission under section 503, criminal p. c., and that even if he has that power this is not a fit case in which the said power should be exercised. the ..... i proceed to deal with the second question which has arisen in this case, namely whether the court below was justified in declining to examine ..... stands on exactly the same footing as a sessions judge and can exercise the same power under section 503 as can be exercised by the latter. it is impossible to arrive at a contrary conclusion without indulging in a feat of mental gymnastics. the first question propounded at the commencement of this order must therefore be answered in the affirmative. 4. before .....

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Jul 26 1948 (PC)

Ramji Lal S/O Mahadeo Parsad Vs. Rex

Court : Punjab and Haryana

Reported in : AIR1949P& H67

..... . the matter remained in this state till 1923 when a right was given to everybody within the criminal appellate jurisdiction of each high court to make an application under section 491 of the present criminal procedure code. by the criminal law amendment act, 1928, section 491 was amended and was enacted in the following terms:(1) any high court may, whenever it thinks fit, direct--(a) that a person within the limits ..... them by letters patent, and, subject to the provisions of any such letters patent, all such jurisdiction, powers and authority as are vested in those courts respectively at the commencement of this act.it cannot be gainsaid that the high court by its own rules can regulate the practice of the court, though it cannot by such rules which relate to matters ..... made within the meaning of the rule and every judge must hear the application on the merits.4. the circumstances in which these references have been made may row be shortly stated.5. the first reference arises out of a petition made by one ramji lal aggarwal of kashmiri gate, delhi, for the release of l. hanuman parshad, proprietor of ..... to debar him from this defence would be nothing short of a prohibition from proving his innocence and would amount to a clear denial of justice. such a course is manifestly repugnant to the basic principle of all criminal jurisprudence.47. the observation made above finds support from the explanation appended to section 403, criminal p.c. and has an apposite application to any .....

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