Court : Chennai
Decided on : Sep-14-1950
Reported in : AIR1951Mad147; (1951)IMLJ628
..... mr. n. s. mani, who followed mr. nambiar, raised a further contention that the act offends the guarantee of equal protection of laws under article 14 as section 17 (3), criminal law amendment act, makes the offence under section 17 (1) non-bailable notwithstanding anything contained in the criminal procedure code. section 496, cr. p. c., provides for the grant of bail when a person is accused of ..... the amending act is valid, namely, the effect of section 6 of the amending act. under sub-section (1) of that section, all notfns. issued by the govt. before the commencement of the amending act under section 16 of the original act & not cancelled shall as from the commencement of the amending act have effect as if they had been issued under section 15 (2) (b) of the said act as amended by the amending act. ..... though all enjoyed the protection of due process .... thus the guarantee was intended to secure equality of protection not only for all but against all similarly situated.'in short the equal protection clause embodies a prohibition against discrimination, discrimination in favour of any person or class as much as discrimination against any person or class. 'equal ..... certain decades. moreover, to control the meaning so given to that expression from time to time the doctrine of police powers was brought into play. that doctrine shortly put, is that legislation meant for the good of the people generally, & in which the individual has to surrender his freedom to a certain extent because it .....Tag this Judgment!
Court : Allahabad
Decided on : Jul-21-1950
Reported in : AIR1952All359
..... to newspapers for publication but denied, that he thereby in any manner assisted the aforesaid unlawful association. the learned magistrate in convicting the applicant of the offence under section 17 (1), criminal law amendment act relied upon the contents of the recorded documents. according to his reading they indulged in high praise of the rashtriya swayam sewak sangh and denounced the stand taken by ..... is directed against the order of the additional district magistrate, lucknow. the applicant eamesh chandra nigam was prosecuted for an offence under section 17(1), criminal law amendment act (act xiv  of 1908) for assisting the operations of the rash-triya swayam sewak sangh, which was declared an unlawful association by the provincial government under s, 16 ..... literature was meant to glorify the unlawful movement by circulating it, the applicant must be deemed to have assisted in the operations of the sangh within the meaning of section 17(1) of the act. ramesh chandra nigam was, therefore, convicted and sentenced to undergo two months' rigorous imprisonment. the order was upheld by the civil and sessions judge, lucknow, in ..... appeal and the accused has come up to this court in revision. i understand that he has already served out his sentence.3. section 17 (1) prescribes that:'a person who is .....Tag this Judgment!
Court : Orissa
Decided on : Jul-27-1950
Reported in : AIR1951Ori138
..... . emp 58 cal 971: (air (18) 1931 cal 122. both these cases arose under ordinance v (5) of 1930 which was the precursor of the criminal law amendment act, 1932. section 10, criminal law amendment act, 1932 merely reproduces the language of schedule 1 of that ordinance word for word. both these cases lay down that an offence being cognisable by the police does not ipso facto' make it cognisable ..... b. this section lays down in what circumstances a magistrate can take cognisance of an offence. section 193 deals with the procedure relating to the cognisance of an offence by courts of session and schedule 94 ..... such offence has been committed.thus, complaint, report and information are cognizance of an offence. in the present case the three modes in which a magistrate can take the prosecution commenced with a report in writing by the police officer and the magistrate purported to take cognizance under schedule 90 (l)(b).the opening words of schedule 90 ..... warrant.4. chapter xv of the code of criminal procedure deals generally with the jurisdiction of the criminal courts in enquiries and trials and is divided into two parts. part a deals with the place of enquiry or trial while part b lays down the conditions requisite for initiation of proceedings. the group of sections commencing with schedule 90 is dealt with in part .....Tag this Judgment!
Court : Kolkata
Decided on : Feb-27-1950
Reported in : 54CWN394
..... supplementing the latter not including the abolition of privy council jurisdiction act, 1949. the bengal criminal law amendment act, 1930, and the west bengal security ordinance, 1949, have nothing to do with the acts mentioned in art, 395. article 372(1) says that all laws in force in the territory of india immediately before the commencement of the constitution shall continue to be in force, but there ..... to be subjected to an order committing him to custody in jail. it seems to us that this provision is wholly unreasonable.11. let us next examine section 2 (1) (ii), bengal criminal law amendment act. it discloses a more preposterous state of affairs. it says that if a person was at any time instigated or if he is being instigated by a ..... order which mentioned that the government was detaining a person with a view to prevent him from doing all or any of those acts was perfectly justifiable. the present cases are quite different. the bengal criminal law amendment act, section 2 (1) does not say that the government may detain a person with a view to prevent him from doing one or all of ..... the operations of an association of which the objects and methods include--the commission of offences included in schedule 1 to the bengal criminal law amendment act, 1930 (bengal act vi  of 1930).the governor, in exercise of the powers conferred by section 2, bengal criminal law amendment act, 1930 (bengal act vi  of 1930), is pleased to make the following order :'it is quite clear from this .....Tag this Judgment!
Court : Orissa
Decided on : Sep-29-1950
Reported in : AIR1951Ori84
..... 195, criminal p. c. is not necessary; and (ii) that even if the trial be bad with regard to offence ..... under section 188, it is not so with regard to the offence under schedule 45, penal code. the latter is ..... criminal p. c. secondly, that the trial, being bad in law as to schedule 88, penal code, is bad in its entirety.3. these contentions are sought to be met by the learned advocate-general, appearing for the state, in two ways: (i) that the offence under. schedule 88, penal code, has bean declared cognisable under schedule 0, criminal law amendment act, 1932, and hence compliance with section ..... an independent offence. the prosecution therefore is not subject to prerequisite of complaint by the public authority concerned.4. the effect of the criminal law amendment act, does not render the provisions of schedule 95 .....Tag this Judgment!
Court : Chennai
Decided on : Nov-02-1950
Reported in : AIR1951Mad70; (1951)IMLJ115
..... and the like.' in 1932 the heading was amended by the criminal law amendment act to read as follows: 'an act to provide for the better control of the press'. the preamble was amended as follows : 'whereas it is expedient to provide for the better control of the press'. several new sub-clauses were added in section 4 (1) setting out what was considered to be objectionable matter ..... to the administration of justice in the court, are laid down as the same as immediately before the commencement of the constitution. there is a proviso added to it which has obliterated the invidious distinction that existed prior to the commencement of the constitution whereby the high court was negatived the jurisdiction in matters concerning revenue though the subordinate courts ..... anant bhaskar v. state a.i.r. (37) 1950 m. b. 60: (51 c. l. j. 1852 f.b.). 3. according to the learned advocate-general the appropriate legislature, by virtue of the powers conferred on it, has not invested this court with the power to issue writs outsideits ordinary original jurisdiction after the commencement of the constitution and therefore ..... did have that power. now, the learned advocate-general emphasises the fact that since article 225 sustains and maintains the power and authority which this court had on 25-1-1950, and' since according .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-05-1950
..... we permit to function. only our own courts can inquire into the legality of their imprisonment. perhaps, as some nations believe, there is merit in leaving the administration of criminal laws page 339 u. s. 798 to executive and military agencies completely free from judicial scrutiny. our constitution has emphatically expressed a contrary policy. as the court points out, paul ..... raise constitutional questions. the constitutional contentions are that "the detention of the prisoners as convicted war criminals is illegal, and in violation of articles i and iii of the constitution of the united states and of the fifth amendment thereto, and of other provisions of said constitution and laws of the united states . . in that: " "(a) there being no charge of an ..... time when civil courts were open and functioning normally. they were arrested by civil authorities, and the prosecution was personally directed by the attorney general, a civilian prosecutor, for acts committed in the united states. they waived arraignment before a civil court, and it was contended that the civil courts thereby acquired jurisdiction, and could not be ousted by the ..... one rule of the law of war more clear and peremptory than another, it is that compacts between enemies, such as truces and capitulations, shall be faithfully adhered to, and their nonobservance is denounced as being manifestly at variance with the true interest any duty not only of the immediate parties, but of all mankind. mr. webster, sec. of state, .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-26-1950
Reported in : AIR1950SC124; 1950CriLJ1514; (1950)IIMLJ390(SC); 1SCR594
..... l.r.  2 k.b. 305, where it was held that the phrase 'for securing the public safety and the defence of the realm' in section 1 of the defence of the realm (consolidation) act, 1914, was not limited to securing the country against a foreign foe but included also protection against internal disorder such as a rebellion. the decision is not ..... internal disturbance.' these provisions recognise that disturbance of public peace or tranquillity may assume such grave proportions as to threaten the security of the state. 8. as stephen in his criminal law of england [vol. ii, p. 242], observes : 'unlawful assemblies, riots, insurrections, rebellions, levying of war, are offences which run into each other and are not capable of being marked off ..... such amplitude might involve risk of abuse. but the framers of the constitution may well have reflected, with madison who was 'the leading spirit in the preparation of the first amendment of the federal constitution,' that 'it is better to leave a few of its noxious branches to their luxuriant growth, than, by pruning them away, to injure the vigour of ..... we are not concerned in this case) saves the operation of any 'existing law in so far as it relates to any matter which undermines the security of, or tends to overthrow, the state.' the question accordingly arises whether the impugned act, in so far as it purports by section 9(1-a) of to authorise the provincial government 'for the purpose of securing .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-30-1950
Reported in : SuppSCR102
..... section 160 (1) of the code of criminal procedure could try any contravention of the provisions of the ordinance or any, order passed under it as the provincial government may be a notification direct. section 23 repeals the bihar maintenance of public order act 1947, the amending act v of 1949 and also the previous ordinance passed on 3rd june 1949. section 24 saves all proceedings commenced or acts ..... of 1949, which the bihar legislature had passed in the meantime, and which purported to amend the provision of section 1 (3) of the earlier act was also invalid in law inasmuch as the enactment which it purported to amend was not legally in existence when this amending act was passed. in view of the pronouncements of this court, the governor of bihar promulgated an ..... without warrant are to be found in other acts e.g., police act, arms act, explosives act, indian railways act, etc.; and section 1 (2) of the criminal procedure code expressly lays down that the provisions of the code would not affect any special form of procedure prescribed by any law for the time being in force. the provision of section 21 of the ordinance cannot be said therefore ..... . if a particular piece of legislation is entirely within the ambit of the legislature's authority, there could be nothing arbitrary in it so far as a court of law is concerned. the courts have nothing to do with the policy of the legislature or the reasonableness or unreasonableness of the legislation. as was observed by lord watson in .....Tag this Judgment!
Court : Himachal Pradesh
Decided on : Oct-16-1950
Reported in : AIR1951HP28
..... at rest by the amendment of sub-section (2) of section 162, criminal p. c., by the code of criminal procedure (second amendment) act (xv  of 1941). by this amendment nothing in section 162 shall be deemed to affect the provisions of section 27, evidence act. the effect of this amendment is that a statement falling under both the sections, i, e., 8, 162, criminal p. c. and section 27, evidence act, may be proved against ..... the person making it subject to the limitations prescribed by the latter section, it ..... appears that the criminal procedure codes in possession of the bench and the bar .....Tag this Judgment!