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Judgment Search Results Home > Cases Phrase: criminal law amendment act 2005 section 1 short title and commencement Court: supreme court of india Page 1 of about 2,461 results (0.489 seconds)

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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Apr 09 2019 (SC)

Afsar Ali Khan Vs. The State of Madhya 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)

Neetu Arora Vs. Vikram Arora .

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 Mehata Vs. Parmila Devi .

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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Mar 31 1952 (SC)

State of Madras Vs. V.G. Row

Court : Supreme Court of India

Reported in : AIR1952SC196; 1952CriLJ966; (1952)IIMLJ135(SC); [1952]1SCR597

..... patanjali sastri, c.j.1. this is an appeal from an order of the high court of judicature at madras adjudging section 15(2)(b) of the indian criminal law amendment act, 1908 (act no. xiv of 1908) as amended by the indian criminal law amendment (madras) act, 1950, (hereinafter referred to as the impugned act) as unconstitutional and void, and quashing government order no. 1517, public (general) department, ..... an unlawful association with in the meaning of the said act.' no copy of this order was served on the respondent or any other office-bearer ..... has for its object interference with the administration of the law and the maintenance of law and order, and constitutes a danger to the public peace : now, therefore, his excellency the governor of madras, in exercise of the power conferred by section 16 of the india criminal law amendment act, 1908 (central act xiv of 1908) hereby declares the said association to be ..... judges of the high court, that, having regard to the peculiar feature to which reference has been made petition 15 (2) (b) of the criminal law amendment on 1908, as amended by the criminal law amendment (madras) act, 1950, falls outside the scope of authorised restrictions under clause (4) of article 19 and is, therefore, unconstitutional and void. 21. the appeal .....

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Feb 19 1957 (SC)

Asgarali Nazarali Singaporawalla Vs. the State of Bombay

Court : Supreme Court of India

Reported in : AIR1957SC503; (1957)59BOMLR917; 1957CriLJ605; [1957]1SCR678

..... charge-sheeted on june 16, 1951; the trial commenced on july 14, 1951 and charges were framed on september 27, 1951. 40 witnesses were examined and 226 documents were exhibited in the course of the trial, and the prosecution closed its case on july 15, 1952. 3. during the course of the trial the criminal law amendment act, 1952 (xlvi of 1952) hereinafter called the ..... ordering his re-trial by the court of the special judge, greater bombay in accordance with the provisions of the criminal law amendment act, 1952 (act xlvi of 1952). 2. the appellant was accused no. 3 in the court of the learned presidency magistrate. accused no. 1 was the mehta in the employ of a firm called messrs. m. m. baxabhoy & co., accused no. 2 was ..... sessions judge or an assistant sessions judge under the code of criminal procedure, 1898. section 7 of the act is important and provided that notwithstanding anything contained in the code of criminal procedure, 1898 or any other law the offences specified in sub-s. (1) of s. 6 shall be triable by special judges only. section 7(2) further provided that when trying any case, a special ..... judge may also try any offence other than an offence specified in s. 6 with which the accused may, under the code of criminal procedure, 1898 .....

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Sep 15 1978 (SC)

M.K. Kochu Devassy Vs. State of Kerala

Court : Supreme Court of India

Reported in : AIR1979SC358; 1979CriLJ147; (1979)2SCC117; [1979]1SCR797

..... a public servant for the purpose of clause (c) of sub-section (1) of section 5 of the prevention of corruption act (central act no. 2 of 1947, hereinafter referred under the criminal law amendment act (central act no. 46 of to as the 1947 act) and whether, therefore, a special judge appointed 1952, hereinafter called the 1952 act) has jurisdiction to try him for an offence under that clause ..... of that conspiracy they misappropriated a sum of rs. 1900/- on the same date and that they prepared false records in order to conceal the misappropriation. before the trial commenced, however, a petition was made on behalf of the accused to the high court of kerala praying that the charge be quashed. that petition came up for hearing before ..... no. 178 of 1977.4. at this stage we may usefully refer to various provisions of the code, the 1947 act, the 1952 act, the kerala act and the criminal law amendment act (central act no. 50 of 1955 and hereinafter called the 1955 act). section 21 of the code defines what is a 'public servant'. in 12 clauses it lists various categories of persons who fall ..... assigned to it under the explanation to section 161 of the indian penal code as amended by the kerala criminal law amendment act, 1962'; (ii) in section 5a, for the words, figures and letter, 'under section 161, section 165 or section 165a,' the words, figures and letter 'under sections 161, 162, 163, 164, 165 or 165a' shall be substituted; (iii) in sub-section (1) of section 6, after clause (b), the .....

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Nov 09 1977 (SC)

Sardar Iqbal Singh Vs. State (Delhi Administration) and ors.

Court : Supreme Court of India

Reported in : 1978CriLJ192a; (1977)4SCC536; [1978]2SCR174

..... to the prosecution, it will result in discrimination. mr. sen submits that the only way to avoid this position is to read sub-section (1), (2) and (2b) of section 337 of the code and section 8(1) of the criminal law amendment act, 1952 together and to construe them in a way to require that in every case where an accomplice is granted pardon, the chargesheet must ..... argument to the other ground. his contention is that once a pardon has been tendered to a person at the stage of the investigation under section 337(1) of the code, the provision of section 8(1) of the criminal law amendment act, 1952 empowering a special judge to take cognizance of offences without the accused being committed to him for trial, ceases to apply and the ..... of an offence without the accused being committed to him for trial. sub-section (2b) was inserted in section 337 in 1955 by amendment act 26 of 1955. if by enacting sub-section (2b) in 1955 the legislature sought to curb the power given to the special judge by section 8(1) of the criminal law amendment act, 1952, there is no reason why the legislature should not have expressed ..... it is argued that in such a case letting the special judge take cognizance of the offence under section 8(1) of the criminal law amendment act would make the provision discriminatory offending article 14 of the constitution. the argument is built on sub-section (2b) of section 337 of the code under which the magistrate taking cognizance of the offence has to examine the approver as .....

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Aug 30 1961 (SC)

Payare Lal Vs. State of Punjab

Court : Supreme Court of India

Reported in : AIR1962SC690; (1962)ILLJ637SC; [1962]3SCR328

..... by a special judge appointed under it and in accordance with certain provisions of the code of criminal procedure mentioned in section 8 of the act. the principal question in this appeal turns on the construction of sub-section (1) of this section ..... sarkar, j.1. the appellant payare lal was the tehsildar of patiala. he and bishan chand, a patwar clerk of the tehsil office, were prosecuted for offences under section 5(2) of the prevention of corruption act, 1947. the criminal law amendment act, 1952 (act xlvi of 1952), to which it will be convenient hereafter to refer as the act, required the trial to be held ..... to do so or not would depend on whether the amended act would apply to proceedings commenced before the amendment. it has to be noted that the impugned part of the proceedings was concluded before the amendment. on this question, we do not propose to express any opinion. in any event, under section 350 as it now stands a succeeding magistrate has power ..... which we will later set out. 2. the trial commenced before s. narinder singh the special judge, patiala. he heard the evidence but .....

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