Court : Punjab and Haryana
Decided on : May-03-1954
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 .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Jun-07-1954
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 .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-14-1954
Reported in : AIR1954Bom549; (1954)56BOMLR980; ILR1955Bom159
..... defence.the criminal law amendment act created certain new offences and section 6 provided for the appointment of special judges and section 7 made certain offences solely triable by these special judges, and among the offences are the offences which fall under section 5(2), prevention of corruption act. section 10 provides that all cases triable by a special judge under section 7, which immediately before the commencement of this act were ..... of corruption act and the criminal law amendment act. in other words, could it be said, reading these two statutes which have been recently passed, that the proceedings under the criminal procedure code are no longer available to the state when it wishes to proceed against a public servant for an offence alleged to have been committed under section 409, penal code?in our opinion, the very short and simple ..... that inasmuch as the offence with which the public servants were charged in these various cases fell within the definition of section 5(1)(c), the only court which could try them was the court of a special judge appointed under the criminal law amendment act and these offences could only be tried after the requisite sanction was obtained.it is true that an offence which .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-21-1954
Reported in : AIR1955Bom61; (1954)56BOMLR1021; 1955CriLJ181
..... properly be described as amounting merely to preparation or to an invitation to make an offer. section 165-a, penal code has been recently enacted by the criminal law amendment act 46 of 1952. this section provides for the punishment of an abetment of an offence punishable under section 161 or section 165 whether or not that offence is committed in consequence of the abetment. the prosecution must ..... , therefore, establish that the conduct of the accused amounts to an abetment of the offence under section 161. if we turn ..... asked the commissioner when he should see him again; and though the commissioner told him that it was not necessary for the accused to see him again, he said 'shall i see you here or elsewhere'. then the commissioner asked 'what about' and the accused added 'about rs. 5,000'. when the commissioner inquired which rs. 5,000, he accused ..... . deshmukh were likewise recorded. mr. deshmukh's statement was treated as the first information and investigation was commenced in respect of the offence alleged by mr. deshmukh. as a result of the investigation the accused was arrested and he was charge-sheeted under section 165-a, penal code. 4. the accused denied this charge. it was urged on his behalf before .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Jan-16-1954
Reported in : 1954CriLJ872
..... . legislature and not of the parliament.6. now, section 6, criminal law amendment act, 1952 empowers the state government to appoint a special judge to try 'inter alia' an offence punishable under section 161, section 165 or under section 165a. of the i. p. c. (act 45 of 1880) or sub-section (2) of section 5, prevention of corruption act, 1947. clause (a) of section 6 (1), criminal law amendment act 1952 refers to the above mentioned offences of ..... the i. p. c. and not of the penal code as adapted in this state ..... or in any part b state. there is nothing in section 6 of the part b states (laws) act, 1951 or in clause (a) of section 6 (1), criminal law amendment act, 1s52 to .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-22-1954
Reported in : AIR1955SC287; (1955)57BOMLR632; 1955CriLJ857; 1SCR1177
..... could not. because of this the act of 1947 was amended in 1952 by act lix of 1952 and section 4 of the amending act makes it clear that the trial can be under either law. but in the same year the criminal law amendment act, 1952 (act xlvi of 1952) was passed and because of this act trials under section 5(2) of the prevention of corruption act must be before a special court ..... the date of the sanction the unamended prevention of corruption act (ii of 1947) was in force. criminal breach of trust under section 409 of the indian penal code was included in the definition of 'criminal misconduct' under section 5(1)(c) of the act of 1947. therefore, an offence under section 409 could be tried under the act of 1947 and the question arose whether it would have ..... interest of justice and also in the interest of the accused themselves if the trial for the offence under section 5(2) of the prevention of corruption act is separated. i therefore grant the application to this extent and order that the charge should be amended accordingly'. 10. in view of this the charges were re-framed on 11-7-1953. the only difference ..... stores worth about rs. 4,000 were illegally passed out of the depot and were handed over to one ibrahim fida hussain, an agent of the approver mohsinbhai (p.w. 1). the case for the prosecution is that the three accused, who were in charge of these stores and to whom they had been entrusted in various capacities, entered into a .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-14-1954
Reported in : AIR1955SC196; 1955CriLJ526; 1SCR1150
..... may also be mentioned that in 1952 there was enacted the criminal law amendment act, 1952 (act xlvi of 1952) which provided for the appointment of special judges to try offences under sections 161, 165 and 165a of the indian penal code and under sub-section (2) of section 5 of the act such offences were made triable only by such special judges. provision was also made that all ..... (2), it is not permissible to read the emphatic negative language of sub-section (4) of section 5 of the act or of the proviso to section 3 of the act, as being merely in the nature of an amendment of or a proviso to sub-section (1) of section 156 of the code of criminal procedure. some of the learned judges of the high courts have called in aid ..... sub-section (2) of section 561 of the code of criminal procedure by way of analogy. it ..... than a deputy superintendent of police, was given in march and april, 1951. the charge-sheets in all these cases were filed by such officers in august and november, 1951, i.e. subsequent to the date on which permission as above was given. but admittedly the investigation was entirely or mostly completed in between the dates when the first information was .....Tag this Judgment!
Court : Rajasthan
Decided on : Feb-25-1954
Reported in : AIR1956Raj37; 1956CriLJ269
..... connection before the amendment. i may also point out that no contention whatsoever has been raised before me that ..... ) and its inclusion in section 3 of the prevention of corruption act by the prevention of corruption (second amendment) act (no. lixj of 1952, indicates what was the real intention of the legislature in this ..... of the prevention of corruption act read with the entry relating to section 116 in the schedule ii of the code of criminal procedure. no authority to the contrary has been cited before me by learned counsel for the petitioner.5. it may perhaps be added that the enactment of section 465(a) in the indian penal code (by the criminal law amendment act (no. xlvi) of 1952 ..... khan against an order of the special judge, udaipur, by which he framed acharge against the petitioner under section 161 read with section 116. penal code.2. the facts of the case out of which the revision arises may shortly be stated as follows. on 10-1-1952, it is alleged that the accused offered a bribe of rs. 500/- to the income-tax .....Tag this Judgment!
Court : Guwahati
Decided on : Apr-06-1954
..... cases triable by special judge under section 7 which immediately before the commencement of this act were pending before any magistrate shall on such commencement be forwarded for trial to the special judge having jurisdiction over such cases.his contention is that the case was pending before the trial magistrate immediately before the commencement of the criminal law amendment act. on the commencement of the act, he was, under an obligation ..... 28-7-1952 when the criminal law amendment act, 1952 came into force, the case was pending in the court of the magistrate as judgment had not yet been delivered. he refers first to section 7 of the act which provides as follows:notwithstanding anything contained in the criminal procedure code, 1898 (act 5 of 1893) or in any other law, the offences specified in sub-section (1) of section 6 shall be triable ..... for setting aside the order of acquittal on the merits. the appeal is dismissed.sarjoo prosad c.j.15. for the reasons stated in the judgment just delivered, 1 agree that sections 7 and 10, criminal law amendment act, 1952, did not affect the jurisdiction of the trial magistrate to deliver judgment in the case, when there was no special judge appointed to whom the case .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Mar-05-1954
Reported in : 1954CriLJ1739
..... to have been committed before the coming into force of the criminal law amendment act; that the trial of such cases under the act will amount to law being retrospectively applied to them; that section 6 of the prevention of corruption act (act 2 of 1947) offends against article 14 of the constitution and that section 10 of the criminal law amendment act is ultra vires of article 20 of the constitution.3. ..... contained in an act, or ordinance or regulation, the determination of which is necessary ..... a question as to the validity of any act, ordinance or regulation or of any provision ..... a of 22-7-1953 says that the reference is being made under section 432, criminal p. c. there is no doubt that under the section a reference lies to the high court, but the circumstances that justify a reference under the section are not there. section 432, criminal p. c. runs thus: (1) where any court is satisfied that a case pending before it involves .....Tag this Judgment!