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Judgment Search Results Home > Cases Phrase: criminal law amendment act 2005 section 1 short title and commencement Sorted by: recent Page 1 of about 19,452 results (0.608 seconds)

Jul 14 2020 (SC)

Arjun Panditrao Khotkar Vs. Kailash Kushanrao Gorantyal

Court : Supreme Court of India

..... in june 1997 under its report titled evidence in criminal proceedings: hearsay and related topics . part 13 of the law commission s report dealt with computer evidence in extenso. the problems with section 69 of the 1984 act, the response during the consultative process and the eventual recommendations of the u.k. law commission are contained in paragraphs 13.1 to 13.23. they are usefully extracted ..... full disclosure is an extremely valuable right and an essential feature of the right to a fair trial as it enables the accused to prepare for the trial before its commencement. 6 section 207. supply to the accused of copy of police report and other documents.- in any case where the proceeding has been instituted on a police report, the magistrate shall ..... the judgments referred to in paragraph 21 of shafhi mohammed (supra) are all judgments before the year 2000, when amendment act 21 of 2000 first introduced sections 65a and 65b into the evidence act and can, therefore, be of no assistance on interpreting the law as to admissibility into evidence of information 46 contained in electronic records. likewise, the judgment cited in paragraph 22, namely ..... cases see chandra kishore jha v. mahavir prasad and ors. (1999) 8 scc266(at paragraphs 17 and 21); special reference 1 of 2002 (2002) 8 scc237(at paragraphs 130 and151) and raj kumar yadav v. samir kumar mahaseth and ors. (2005) 3 scc601(at paragraphs 13 and 14).46. these latin maxims have also been applied in several other contexts by this .....

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Jul 13 2020 (SC)

Sri Marthanda Varma (D) Th. Lr. . Vs. State of Kerala .

Court : Supreme Court of India

..... not fall within the scope of sub-section (1), it shall be referred to the government whose decision thereon shall be final and shall not be liable to be questioned in any court of law. re-vest shall title and in 19. the parliament enacted the rulers of indian states (abolition of privileges) act, 1972 ( 1972 act , for short) to amend certain enactments civil appeal no.2732 of ..... indian states to cease and privy purses to be abolished.- notwithstanding anything in this constitution or in any law for the time being in force- (a) the prince, chief or other person who, at any time before the commencement of the constitution (twenty-sixth amendment) act, 1971, was recognized by the president as the ruler of an indian state or any person who, ..... and are exercisable both within and without the states. they cover a variety of matters ranging from the use of the red plates on cars to immunity from civil and criminal jurisdiction and exemptions from customs duties, etc. even in the past it was neither considered desirable nor practicable to draw up an exhaustive list of all these rights. during ..... there is express legislation enacted to give effect to certain personal rights and privileges e.g., income tax acts, 1922 and 1961, wealth tax act, 1957, gift tax act, 1958, notifications under the sea customs act, 1878, code of civil procedure, 1908 and code of criminal procedure, 1898. a ruler seeking to enforce privileges which parliamentary statutes have recognised relies for right to relief .....

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Jun 19 2020 (SC)

S. Kasi Vs. State Through the Inspector of Police Tamil Nadu

Court : Supreme Court of India

..... for completion of investigation to 60 days. the new code of criminal procedure, 1973 gave effect to the recommendation of the law commission. section 167 as enacted provided for time limit of 60 days regardless of the nature of offence or the punishment. in the year 1978, section 167 was amended. section 167(2) which is relevant for the present case existing as ..... , 19, 21 and 22 of the constitution. 22 22. article 359 of the constitution was amended by the forty-fourth constitutional amendment act, 1978. in sub-article (1) of article 359, the expression except articles 20 and 21 have been inserted . after the amendment, article 359(1) reads as follows:- suspension of the enforcement of the rights conferred by part iii during emergencies. ..... iii is where 359(1). a proclamation of emergency in operation, the president may by order declare ..... as unlawful activities (prevention) act, 1967 and ndps act, 1985. for instance, section 36-a (4) of the ndps act enables the investigation officer to apply to the special court for extending the period mentioned in the statute from 180 days to 1 year if it is not possible to complete the investigation. thus, under certain statutes, the prosecution has a right to .....

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Jun 18 2020 (SC)

Rana Nahid @ Reshma @ Sana Vs. Sahidul Haq Chisti

Court : Supreme Court of India

..... non-obstante clause is restricted in its application to sub section (1) of section 3. it does not apply to sub-sections (2) and (3) of the 1986 act for muslim women.43. section 2(c) of the 1986 act for muslim women defines magistrate to mean magistrate of the first class, exercising jurisdiction under the code of criminal procedure, 1973 in the area where the divorced woman ..... adopted in ordinary civil proceedings, and that it should make reasonable efforts at settlement before the commencement of the trial. in 1976, the code of civil procedure was amended to provide for a special procedure to be adopted in suits and proceedings relating to matters concerning the family. 3 6. parliament enacted the ..... settlement of family disputes, where emphasis should be laid on conciliation and achieving socially desirable results and adherence to rigid rules of procedure and evidence should be eliminated.5. the law commission had, in its 59th report submitted in 1974, stressed that in dealing with disputes concerning the family, the court ought to adopt an approach, radically different from that ..... held that a muslim divorced woman unable to maintain herself is entitled to claim maintenance under section 125 cr.p.c. even after the iddat period was over. 5 10. after shah bano case, the muslim women (protection of rights on divorce) act (for short muslim women protection act ) was enacted with effect from 19.05.1986 as per which a divorced muslim .....

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Jun 18 2020 (SC)

D. Devaraja Vs. Owais Sabeer Hussain

Court : Supreme Court of India

..... the short question involved in this appeal is, whether the 18. learned magistrate could, at all, have taken cognizance against the appellant, in the private complaint being p.c.r no.17214 of 2013, in the absence of sanction under section 197 of the code of criminal procedure read with section 170 of the karnataka police act, 1963, as amended by the karnataka police (amendment) act, ..... sanction is raised it is the duty of the magistrate to consider . in our considered opinion, the high court clearly erred in law 80. in refusing to exercise its jurisdiction under section 482 of the criminal procedure code to set aside the order of the magistrate impugned taking cognizance of the complaint, after having held that it was a recognized principle ..... or protection. public trust in the institution can be maintained by entertaining causes coming within its jurisdiction, by performing the duties entrusted to it diligently, in accordance with law and the established procedure and without delay. dispensing with of jurisdictional or statutory requirements which may ultimately affect the adjudication itself, will itself result in people losing faith in ..... be drawn in this case that the police action is indefensible or vindictive or that the police were not acting in discharge of their official duty. in zandu pharmaceutical works ltd. [(2005) 1 scc122 this court has held that the power under section 482 of the code should be used sparingly and with circumspection to prevent abuse of process of court .....

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Apr 01 2020 (SC)

Raja @ Ayyappan Vs. State of Tamil Nadu

Court : Supreme Court of India

..... police officer. 17. section 15(1) of the tada act is a self contained scheme for recording the confession of an accused charged with an offence under the said act. this provision of law is a departure from the provisions of sections 25 to 30 of the evidence act. section 15 of the tada act operates independently of the evidence act and the 11 criminal procedure code. in kartar singh ( ..... other co accused. the constitution bench of this court in kartar singh (supra), while considering the inter play between section 30 of the indian evidence act and section 15 of the tada act held that as per section 15 of the tada act, after the amendment of the year 1993, the confession of the co accused, is also a substantive piece of evidence provided that ..... admission against his interest unless prompted by his 2 3 1939 pc47(2005) 11 scc60010 conscience to tell the truth. deliberate and voluntary confessions of guilt, if clearly proved are among the most effectual proofs in law. (vide taylor s treatise on the law of evidence, vol. i.) however, before acting upon a confession the court must be satisfied that it was ..... tamil nadu respondent judgment s. abdul nazeer, j.1. this criminal appeal filed under section 19 of the terrorist and disruptive activities (prevention) act, 1987 (in short the tada act ) is directed against the judgment and order dated 04.12.2009 passed by the presiding judge, designated court no.2, chennai, in calendar case no.1/2007, whereby the designated court has convicted the .....

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Mar 06 2020 (SC)

Indore Development Authority Vs. Manoharlal and Ors. Etc.

Court : Supreme Court of India

..... the provisions of sub-section (1-a) introduced in section 23 by the amending act are applicable to proceedings that were pending on the date of the commencement of the amending act it is necessary to read section 23(1-a) along with the transitional provisions contained in sub-section (1) of section 30 of the amending act. (emphasis supplied) 126 ..... the protection of human rights and fundamental freedoms (1953) (cmd. 8969). the rule also applies, but with less force, outside the criminal sphere. it is again expressed in maxims, lex prospicit non respicit and omnis nova constitutio futuris temporibus formam imponere debet non praeteritis. the ..... court made on 25-4-1996 in lpa no.437 of 1996. notification under section 4(1) of the land acquisition act, la (for short, 'the act') was published on 1-6- 1976. declaration under section 6 of the act was published on 16-2-1977. the award was passed on 3-7-1981. ..... intent, there has to be a mechanism to restitute those likely to be affected. besides, the legality of such a law, divesting or taking away the title of such innocent third-party purchasers, would be suspect, because there is absolutely no provision for restitution or any form of ..... nayandgi stone quarries (p) ltd79, and was read disjunctively considering the legislative intent. in samee khan (supra), the term and was construed 78 (2005) 5 scc42079 (1987) 3 scc308as or to carry out the legislative intention. in mobilox innovations 96 private limited (supra), similar observations were made .....

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Feb 13 2020 (HC)

Sowmya R Reddy Vs. State of Karnataka

Court : Karnataka

..... within the bengaluru city police commissionerate, to prevent any incidents affecting public peace and order from any protest/strikes/procession/ events opposing the recent citizenship amendment act passed by the central government and the national register of citizens, section 144 crpc is requested to be imposed. in the above-mentioned reports, following points have been mentioned. the the central government citizenship ..... wrong. when such a valuable fundamental right which an essential part of democracy is said to be taken away by a prohibitory order issued under section 144 of the code of criminal procedure, 1973 (for short, the said code), it is the duty of the constitutional court to test the legality and validity of such an order which prevents the ..... have to go into the legality and validity of the impugned order.4. it is undisputed that number of permissions were granted to hold protests against the citizenship (amendment) act, 2019 (for short, caa) under the provisions of the said regulation order and by the impugned order, all the permissions were cancelled. the case made out by the petitioners is ..... the citizens in the sense, that the state is responsible for protecting them. therefore, if a fact situation exists and the power under sub-section (1) of section 144 of the said code is properly and lawfully exercised, the district magistrate will be well within his powers to prevent the activities of holding protests and demonstrations. the fundamental rights under sub- .....

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Jan 24 2020 (HC)

Ibc Knowledge Park Pvt Ltd., Vs. Union of India

Court : Karnataka

..... initiated upon the complaint in c.c. no.134/2019 for the offence punishable under section 182(3) of the companies act, 2013 (hereinafter referred as the act for short) and amended with effect from 31.03.2017 pending on the file of the court of special economic offences, bengaluru. 2. i have heard sri. g. krishnamurthy, learned senior counsel for petitioners and learned counsel for ..... meeting of the board of directors and such resolution shall, subject to the other provisions of this section, be deemed to be justification in law for the making of the contribution authorised by it. (2) without prejudice to the generality of the provisions of sub-section (1), (a) a donation or subscription or payment caused to be given by a company on its behalf ..... , e wing, kendriya sadan koramangala, bengaluru-560 034. ...respondents (by sri c.shashikanth, asg for r1; sri madhukar deshpande, advocate for r2) and b series) (annexures-a this criminal petition is filed under section 482 of cr.p.c praying to quash the proceedings initiated upon the 2nd filing of complaint c.c.no.134/2019 by respondent and consequently quash the ..... the said amount has also been paid through cheque bearing no.148371 dated 31.12.2016. 11. by considering the material facts and circumstances, it indicates that though under the law, the declaration has to be made separately but as rightly pointed out by the learned counsel for the respondents in the reply also, it has been specifically mentioned that in .....

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Jan 13 2020 (HC)

Smt Komala Vs. State of Karnataka

Court : Karnataka

..... intended to be available at any stage of the proceedings. the recommendation of the law commission in its 41st report which manifestly heralded the amendment, significantly had limited its proposal to the empowerment of the investigating agency alone. 49. in contradistinction, sections 156, 190, 200, 202 and 204 crpc clearly outline the powers of the magistrate and the courses open for him to chart ..... of in the aforesaid terms. we also make it clear that so far the prayer for transfer of the criminal cases filed under the negotiable instruments act, 1881 by the second respondent to the court where cc no.5577 of 2012 is pending, i.e., in the court of iv additional chief metropolitan magistrate at bangalore, is concerned, we are not inclined to ..... sri. ravi b.naik for respondent no.2 and the learned high court government pleader for respondent nos.1 and 3.4. the gist of the complaint is that on 2.5.2011 in the middle of 2005 the husband of petitioner no.1 and father of petitioner nos.2 and 3 had traded off an ordinary stone as a priceless ruby and ..... and the accused person appears pursuant thereto, he would be bereft of any competence to direct further investigation either suo motu or acting on the request or prayer of the complainant/informant. the direction for investigation by the magistrate under section 202, while dealing with a complaint, though is at a post-cognizance stage, it is in the nature of an inquiry .....

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