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Judgment Search Results Home > Cases Phrase: criminal law amendment act 2005 section 1 short title and commencement Page 4 of about 19,425 results (1.109 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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Feb 06 1958 (SC)

Kanta Prashad Vs. Delhi Administration

Court : Supreme Court of India

Reported in : AIR1958SC350; 1958CriLJ698; (1958)IIMLJ113(SC); (1958)36MysLJ(SC)249; [1958]1SCR1218

..... . under s. 8(3) of the criminal law (amendment) act of 1952 it is expressly stated that for the purposes of the provisions of the code of criminal procedure, 1898, the court of special judge shall be deemed to be a court of session trying cases without a jury or without the aid of assessors. section 9 of that act provides for an appeal from the court ..... points for our consideration in support of his contention that the conviction of the appellants must be set aside (1) the pardon tendered to the approver ram saran das by the district magistrate of delhi under s. 337 of the code of criminal procedure was without jurisdiction and authority. consequently, the evidence of the approver was not admissible (2) on the case ..... . 337 of the code, which came into effect in january, 1956, spoke of an offence punishable with imprisonment which may extend to seven years, but his amendment could have no application to a pardon tendered on 1-12-'55. it seems to us, however, that the district magistrate had authority to tender a pardon under s. 337 of the of code of ..... das, the approver, m.p. khare, nand prakash kapur and murari between the 6th and 16th of november, 1955, to bring about the escape from lawful custody of m.p. khare, an undertrial prisoner, and that they had also agreed to accept rs. 1,000 each and other pecuniary advantages as illegal gratification for rendering the escape of m.p. khare from .....

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Feb 16 1984 (SC)

A.R. Antulay Vs. Ramdas Sriniwas Nayak and anr.

Court : Supreme Court of India

Reported in : AIR1984SC718; (1984)86BOMLR228; 1984CriLJ647; 1984(1)Crimes547(SC); 1984(1)SCALE239; (1984)2SCC500; [1984]2SCR914

..... the trial court moved an application questioning the jurisdiction of the court on two specific counts; (i) that the court of special judge set up under section 6 of the criminal law amendment act, 1952 ('1952 act' for short) cannot take cognizance of any of the offences enumerated in section 6(1)(a) and (b) upon a private complaint of facts constituting the offence and (ii) that ..... salient provisions of the criminal law amendment act, 1952. the act was enacted as its long title shows to amend the indian penal code and the crpc, 1898 and to provide for a more speedy trial of certain offences. section 1a is the dictionary clause. section 2, 3, 4 and 5 have been repealed by various amendments. then comes section 6. it reads as under :6. (1) the state government ..... of appeal, revision and other incidental powers which the high court exercises over subordinate courts. section 10 provided for transfer of certain cases, which were pending at the commencement of the 1952 act.17. before we undertake a detailed examination of the submission that section 5a incorporates a condition precedent to the taking of the cognizance of an offence by a ..... special judge, it is necessary to state with clarity and precision that section 8(1) which confers power on the special .....

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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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May 03 1979 (SC)

State of Tamil Nadu Vs. V. Krishnaswami Naidu and anr.

Court : Supreme Court of India

Reported in : AIR1979SC1255; 1979CriLJ1069; (1979)4SCC5; [1979]3SCR928

..... warrant cases by a magistrate. under section 8(3) except as regards the provisions in sub-sections (1) and (2) the provisions of crpc is made applicable in so far as they are not inconsistent with the criminal law (amendment) act. this taken alongwith the fact that the criminal law (amendment) is an amending act so far as a criminal procedure code and indian penal code is concerned ..... the provisions of cr.p.c. should be considered to be in force unless there are certain provisions in the criminal law (amendment) act ..... the police station shall forward to a magistrate empowered to take cognizance of the offence a police report as required in the form prescribed. section 8 of the criminal law amendment act specifically empowers the special judge to take cognizance of the offence without the accused being committed to him. in taking cognizance of an offence ..... kailasam, j.1. the question that arises in this appeal is whether the special judge tinder the criminal law (amendment) act, 1952 can exercise the power conferred on a magistrate under section 167 of the criminal procedure code to authorise detention of the accused in the custody of the police.2. this appeal by certificate is preferred by the .....

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Apr 29 2004 (SC)

State of West Bengal Vs. Sadan K. Bormal and anr.

Court : Supreme Court of India

Reported in : AIR2004SC3666; 2004(2)ALD(Cri)333; 2004CriLJ3034; 2004(5)SCALE249; (2004)6SCC59

..... that area or areas and, accordingly, on and from such commencement, every such judge shall continue to deal with all the proceedings pending before him on such commencement in accordance with the provisions of this act.' 'section 30 repeal and saving : - (1) the prevention of corruption act, 1947 (2 of 1947) and the criminal law amendment act, 1952 (46 of 1952) are hereby repealed. (2 ..... calcutta dated 21st february, 1997 in criminal revision no.2578 of 1994 whereby the high court quashed the criminal proceedings against the respondents herein holding that the 3rd special court, calcutta appointed under the west bengal criminal law amendment (special courts) act, 1949 for trying offences under the prevention of corruption act, 1947 (for short act of 1947) had no jurisdiction to ..... try the respondents for the alleged offences after coming into force of the prevention of corruption act, 1988 (for short act of 1988) w.e.f. 9th september, 1998. ..... in substance, it held that though the said court was earlier empowered to try offences under the act of 1947, since no such jurisdiction was conferred upon it afresh after coming .....

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Apr 01 2009 (SC)

Satish Kumar Batra and ors. Vs. State of Haryana

Court : Supreme Court of India

Reported in : AIR2009SC2180; 2009(57)BLJR1488; 2009CriLJ2447; JT2009(5)SC403; RLW2009(4)SC3376; 2009(5)SCALE280; (2009)12SCC491; 2009(4)LC1629(SC)

..... as the appellant no. 1 is concerned.6. section 498a appears in chapter xx-a ipc.7. substantive section 498a ipc and presumptive section 113b of the indian evidence act, 1872 (in short 'the evidence act') have been inserted in the respective statutes by the criminal law (second amendment) act, 1983 and by the dowry prohibition (amendment) act, 1986, respectively.8. section 498a ipc and section 113b of the evidence act include in their amplitude past ..... events of cruelty. period of operation of section 113b of the evidence act is seven years ..... short 'crpc') and the evidence act suitably to deal effectively not only with cases of dowry deaths but also cases of cruelty to married women by the husband, in-laws and relatives. the avowed object is to combat the menace of dowry death and cruelty.13. one other provision which is relevant to be noted is section 306 ipc. the basic difference between the two sections i .....

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