Court : Mumbai
Decided on : Oct-30-1958
Reported in : AIR1959Bom437; (1959)61BOMLR591; 1959CriLJ1153; ILR1959Bom1088
..... of the special judge appointed under the criminal law amendment act, 1952 (xlvi of 1952).'now, this sub-section which is newly added cannot have reference to pending cases only for which provision had been made under section 10 of the criminal law amendment act, which provided that all cases triable by a special judge under section 7 which immediately before the commencement of the act, were pending before any magistrate shall on ..... court of session, the magistrate has to send the accused for trial to the court of special judge without making any further inquiry. this provision is perfectly consistent with section 8(1) of the criminal law amendment act which as already stated, enables the court of a special judge to take cognizance of an offence without any committal proceedings. but the important thing to be noted ..... to an accomplice with regard to offences under sections 161, 165 and 165a i.p.c. by section 5 of the criminal law amendment act, 1952, in the first instance and subsequently by section 59(a)(ii) of the code of criminal procedure (amendment) act 26 of 1955 these three section were inserted in section 337(1) of the criminal procedure code, os that, after this amendment, under section 337 of the criminal procedure code any magistrate of a first class, at .....Tag this Judgment!
Court : Allahabad
Decided on : Mar-17-1958
Reported in : AIR1959All149; 1959CriLJ268
..... a police officer or the knowledge or suspicion of the magistrate himself under section 190 be tantamount to commencement of trial before the magistrate. so far as the criminal law amendment act is concerned, it does away entirely with commitment so much so that by section 10 it cuts short proceedings pending before any magistrate, commitment proceedings or any other, by providing ..... that all cases triable by a special judge pending immediately before the commencement of the act before any magistrate shall be transferred to the appropriate special judge. 15. order of commitment under section 212, code of criminal procedure, was in this case passed on 1-3-1952. the criminal law amendment act came into force on 28-7-52. the state government first ..... . that objection in the present case appears to be devoid of merit. i have already enunciated the relevant legal propositions as i understand them. the above cited procedural provision regarding the case being triable by the special judge only, contained in section 7(1) of the criminal law amendment act, would be applicable provided its retrospective application had not already become barred. ..... being confined in its application to trials before the high, court. and in the first two sections also sub-section (1) of section 271 is the only provision dealing specifically with the subject of commencement of trial, sub-section (2) of that section and section 272 dealing with what is to be done if the accused pleads guilty or if he refuses to .....Tag this Judgment!
Court : Allahabad
Decided on : May-01-1958
Reported in : AIR1959All218; 1959CriLJ409
..... not, in our opinion, arise for determination.4. sri bansal's appointment as a special judge was made, as we have already indicated, under the provisions of section 6 (1) of the criminal law amendment act, section 6 (1) of the criminal law amendment act is in these words :'the state government may, by notification in the official gazette, appoint as many special judges as may be necessary for such 'area or ..... following order :'in partial modification of notification no. 1953/ vi-812-52, dated 18-9-1952, and in exercise of the powers conferred by sub-section (1) of section 6 of the criminal law amendment act, 1952 (act no. xlvi of 1952), read with section 7 (3) therefore the governor of uttar pradesh is pleased to appoint sri a. c. bansal, civil and sessions judge, lucknow to be a ..... was a special judge who had been properly appointed under the powers conferred on the state government under section 6 of the criminal law amendment act. before him, therefore, objections seem to have been taken on behalf of some of the prisoners that the notification dated 3-1-1958, namely notification no. 5(ii)/vi-767-1957 was ultra vires the powers of the state government .....Tag this Judgment!
Court : Orissa
Decided on : Mar-20-1958
Reported in : AIR1958Ori150; 1958CriLJ916
..... when that notification purports to have been issued in exercise of the powers conferred by section 6 of the criminal law amendment act 1952, the memo also should be held to be limited to those offences which are described in that section.10. in the result, therefore, i would in disagreement with the learned sessions judge hold that the notification dated 11-6- ..... any offence other than the offences specified in section 6 with which the accused may, under the criminal procedure code, be charged at the same trial. a perusal of sections 6 and 7 of the criminal law (amendment) act, 1952, leaves no room for [ doubt that a special judge appointed under section 6 of that act may try (i) offences under sections 161, 165 and 165a of the indian ..... penal code and under section 5 (2) of the prevention of corruption act, 1947, (ii) a conspiracy to commit ..... of the sessions divisions noted against each, as special judges in their respective jurisdiction, namely:-- 1. .. .. 2. ...... 3. ...... 4. ...... 5. additional sessions judge, ganjam-nayagarh. 6. ....... no. 14436a:-- dated 23-9-1953. in exercise of the powers conferred by section 6 of the criminal law amendment act, 1952 (xlvi of 1952) and in partial modification of the notification of the government .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-06-1958
Reported in : AIR1958SC350; 1958CriLJ698; (1958)IIMLJ113(SC); (1958)36MysLJ(SC)249; 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 .....Tag this Judgment!
Court : Kerala
Decided on : Mar-26-1958
Reported in : AIR1959Ker311; 1959CriLJ1172
..... we shall go next to the offence of conspiracy to commit the offence under section 5 (2) of the prevention of corruption act, a charge that has been levelled against all the accused. that is an offence specified in section 6 (1) of the criminal law amendment act, 1952, and under section 7 (1) of that act only a special judge can try it. the question is whether the special ..... committedwithin the area of the learned special judge, inother words within the state of kerala,to accept the argument that these rules do not apply and that under section 7 (2) of the criminal law amendment act, 1952, the entire offence must have been committed within the area of a special judge to give that judge jurisdiction to try it, would lead to ..... in the ordinary course by post, from places in kerala. that being so, the act of deception forming a necessary ingredient of the offence of cheating was commenced in kerala and that i should think gives the court for kerala the necessary territorial jurisdiction under section 182 of the criminal procedure code. the decision in gafur karimbax v. emperor, air 1930 bom 358 and in ..... no more than a preparation for the offence. at the earliest, the offence of cheating can be said to have commenced only when the bills andthe certificates making the false representations were posted in bombay. therefore section 182 of the criminal procedure code cannot give jurisdiction to the kerala court. the cheating being the consequence of the conspiracy, or the primary offence of .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-11-1958
Reported in : AIR1959SC8; 1959CriLJ98; 1SCR1276
..... any abetment of any of the offences specified in items 1 to 7.' 6. on july 28, 1952, the central legislative enacted the criminal law amendment act (act xlvi of 1952) by section 3 of which an offence of abetment, section 165-a with an enhanced punishment was inserted. 7. section 165a. 'whoever abets any offence punishable under section 161 or section 165, whether or not that offence is committed in ..... code, and the case was distributed to the special court, burdwan for trial. on the date of the notification section 161 and abetment of section 161 were offences specified in the schedule but as a result of the amendment by the criminal law amendment act 1952 (xlvi of 1952) section 165a had been inserted in the code providing for punishment for punishment for abetment of offences mentioned in ..... did appear on that day. on december 21, 1953, after several adjournments the hearing of the case was fixed for january 29, 1954, on which date the examination of witnesses commenced. on february 10, 1954, a charge under section 165a, indian penal code was framed by the special judge. the trial ended on june 7, 1954, and the appellant was convicted under .....Tag this Judgment!
Court : Himachal Pradesh
Decided on : Sep-15-1958
Reported in : AIR1959HP12
..... making false representations.the petitioner's main contention is that the charge-sheet discloses an offence described in section 5(1) (d). prevention of corruption act, 1947. since the same is triable exclusively by a special judge, as contemplated by section 7 of the criminal law amendment act, 1952, it is contended that the so-called departmental proceedings are without jurisdiction and are liable to ..... be quashed.2. i admitted this petition on 14-8-1958 and issued notice to the respondent, staying further proceedings against the petitioner by the ..... have come to the conclusion that this petition must fail.6. learned counsel for the petitioner urged, vehemently, that the language of section 5(1) (d) of the prevention of corruption act has been adopted in the charge-sheet in order that the case against the ..... act, no question of taking the case to the court of the special judge arises.4. the affidavit filed by the under-secretary (home), himachal pradesh administration, is in support of the respondent's written statement.5. arguments of the learned counsel for the parties were heard at considerable length on the 11th instant. for reasons to be stated shortly, i .....Tag this Judgment!
Court : Kolkata
Decided on : Jan-09-1958
Reported in : AIR1958Cal517,1958CriLJ1178
..... .a./5c-35/55 pt. (iv) dated 4th august, 1955. according to that notification, in exercise of the powers conferred by sub-section (2) of section 2 read with sub-section (1) of section 9 of the west bengal criminal law amendment (special courts) act, 1949 (west bengal act 21 of 1949), the governor appointed 'sri d. n. chakladar, additional district and sessions judge, burdwan, to be, in addition to ..... from the sub-post office in order to bring tea to inspector chakraborty, p. w. 1, the latter managed to remove the post office cash etc., which were ultimately found short, it would appear from the statement of the accused under section 342 of the code of criminal procedure that it was after the accused had come back bringing a cup of tea and ..... 'order book' is a matter to which any sinister significance need be attached. after all, the inspection of the sub-post office by inspector chakraborty was held in the afternoon, shortly after 4 p.m. on receipt of information from the inspector about the detection of shortages etc., his superior officers, p, ws. 2 and 7, came there within an hour ..... . it was also found that in respect of several money order receipts which were shown as issued, their value had not been credited to the government according to rules. in short, it was found that a sum of rs. 728-9 annas on account of money orders was not credited to the government and it is alleged that the accused misappropriated .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-03-1958
Reported in : AIR1959Bom346; (1958)60BOMLR1314
..... attention has also been drawn to the observations of chief justice patanjali shastri in the case of state of madras v. v.g. row, : 1952crilj966 . in dealing with section 15(2)(b) of the criminal law amendment act, 1908, the learned chief justice at pp. 607-608 (of scr): (at p. 200 of air) observes that the right to form association or unions has such ..... not provide for any opportunity to the applicant of placing his case before the commissioner. he urged that in this case also it could be said that there was nothing short of a travesty of the right of a citizen to carry on the business of a hotel-keeper. he further relied upon the decision in dwarks prasad laxmi narain v ..... and the obligation to exhibit at the commencement of each performance not less than 2,000 feet of one or more approved films. in holding that these conditions imposed unreasonable restrictions on the right of the licensee to carry on his business and were void as they infringed the fundamental right guaranteed under article 19(1)(g)ebrahim vazir mavat v. state ..... has been committed. the section does not provide for the issue of a notice to the person concerned to show cause against the order nor is he afforded any opportunity to clear his conduct of the suspicion entertained against him. this is nothing short of a travesty of the right of citizenship.' placing reliance upon the aforesaid observation, the learned counsel for .....Tag this Judgment!