Court : Allahabad
Decided on : Aug-16-1960
Reported in : AIR1961All531; 1961CriLJ586a
..... the offender is only exercising a right which was granted to him under the constitution. we, therefore, feel that on this basic ground alone the prohibitions contained in section 1 of the criminal law amendment act cannot be held to be ultra vires of the constitution. 9. so far as we are aware, there are only two bench decisions in which the question which ..... , who is a member of the legislative assembly of uttar pradesh under article 228 of the constitution of india. sri raj narain is being prosecuted under section 117 i. p. c. and section 7 of the criminal law amendment act, 1932, in the: court of a judicial magistrate at lucknow. the charge has already been framed in this case and subsequent to the framing of ..... not restrain the others from doing what they please can be excepted. looking closely to the words of section 7 of the criminal law amendment act, we would take out the impugned portions and see whether they prohibit any peaceful pursuits. section 7 of the criminal law amendment act runs as follows :- '(1) (a) whoever with intent to cause any person to abstain from doing or to do any ..... decide that the incitement for the commission of these acts is punishable under section 7 of the criminal law amendment act or not. we have further to decide that even if they are punishable under the said act, whether the said act is ultra vires of the constitution or not. 4. section 7 of the criminal law amendment act, 1932 runs as follows :- '7. (i) whoever -- (a) with intent to cause any .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jan-22-1960
Reported in : AIR1961AP3; 1961CriLJ33
..... criminal law amendment act xlvi of 1952. it may be stated that section 6 which confers power upon the state government to appoint special judges provides that such judges may be appointed to try the following offences, viz., (a) an offence punishable under section 161, section 165 or section 165-a of the i.p.c. (act xlv of 1860) or sub-section (2) of section 5 of the prevention of corruption act ..... .at first, the learned public prosecutor said ex. p-22 could not be used, but later he contended that since ex.p-22 was recorded prior to the commencement of the investigation, it was not hit by section 162. this contention of the public prosecutor will be examined with the contention of the accused that the preliminary investigation was not warranted by ..... take the statements recorded during the enquiry, conducted after the receipt of information, out of the purview of the provisions of section 162 cr. p. c. in other words, the investigation will be deemed to have commenced whether or not the f.i.r. has been registered. a case as in in re anandayya, air 1915 mad 312, where the police officer on ..... on being satisfied, is different to a case where the information given is specific.in such a case, it cannot be said that investigation has not commenced, and if it has commenced, it being without sanction under section 5a, the investigation would be illegal and without jurisdiction. the learned public prosecutor contends that if the statements recorded and the investigation before the permission .....Tag this Judgment!
Court : Gujarat
Decided on : Jul-29-1960
Reported in : AIR1960Guj30; 1960CriLJ1449
..... i) of sub-section (e) or clause (ii) of sub-section (e) of s. 526 (1), cr. p. c. a case can be transferred to a court which has jurisdiction to hear such case. in the case of offences mentioned in s. 6 of the criminal law amendment act, it is only special judges who have jurisdiction. section 6 of the criminal law amendment act ..... c., the case could nevertheless be transferred to him in view of s. 526 (1), cr. p. c., but if incompetence of a judge to try a case was due to s. 6 of the criminal law amendment act, s. 526(1), cr. p. c., does not have the effect of removing that incompetent. a ..... case like the present one can be transferred from one special judge to another only if the latter is competent to try the case as provided in s. 6 of the criminal law (amendment) act, in ..... reads as follows:-'the state government may, be notification in the official gazette, appoint as many special judges as may be necessary for such area of areas as may be specified in the notification to try the following offences, namely:- (a) an offence punishable under s. 161, s. 162, s. 163, s. 164, s. 165 or s. 165a of the i ..... . p. c. (act xlv of 1860), or sub-section (2) of s. 5 of the prevention of corruption act, 1947 (ii of 1947): (b) any conspiracy to commit or any attempt to commit or any abatement of .....Tag this Judgment!
Court : Allahabad
Decided on : Sep-21-1960
Reported in : AIR1961All522; 1961CriLJ443
..... bail as a matter of right.he could have also compounded the offence with the inspector. but he was prosecuted not for this offence but for the offence of section 7, criminal law amendment act. this act was enacted to supplement the criminal law by amending certain acts. section 7(1)(a) of it creates a new offence of intimidating a person with intent to cause him to abstain from doing any ..... to the circle inspector brought him within the four corners of section 7(1)(a) of the criminal law amendment act and he was rightly convicted.2. the applicant challenges his conviction principally on the ground that section 7, criminal law amendment act, is ultra vires because it infringes article 14 of the constitution.3. 'criminal intimidation' is defined in section 503, i. p. c. to mean threatening another person with any injury to ..... to compound the offence with the inspector.there is no provision laying down which person doing the act of intimidating another person with intent to cause him to abstain from doing an act should be prosecuted under section 506, i. p. c., and which persons under section 7, criminal law amendment act; the matter has been left at the absolute and uncontrolled discretion of the prosecutor. the contention advanced .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-09-1960
Reported in : AIR1961SC705; 3SCR135
..... disproportion of the imposition, the prevailing conditions at the time, should all enter into the judicial verdict.' 14. there the constitutional validity of s. 15(2)(b) of the indian criminal law amendment act, 1908, was impugned on the ground that it fell outside the scope of authorized restrictions in art. 19(4) of the constitution. the issue of a notification by the state ..... disorder among the persons frequenting the eating house. the application was rejected under s. 39 of the calcutta police act, no. iv of 1866 (hereinafter called the act). the short question raised is whether s. 39 of the act is constitutionally valid. section 39 of the act reads : 'the commissioner of police, may, at his discretion, from time to time, grant licenses to the keepers of ..... reasonable restriction within the meaning of art. 19(6) on the fundamental right to practise any profession or to carry on any occupation, trade or business contained in art. 19(1)(g). section 39 is in these terms :- 'the commissioner of police, may, at his discretion, from time to time, grant licences to the keepers of such houses or places of public ..... a licence, for without that licence he cannot do business, and if he does he will be liable to prosecution. the commissioner can reject the application on two grounds, namely, (1) from his antecedents and present conduct it would be unreasonable to think that the petitioner would keep good behavior, and (2) the commissioner is not satisfied that the petitioner would .....Tag this Judgment!
Court : US Supreme Court
Decided on : Mar-28-1960
..... page 362 u. s. 248 premises he occupied. i would require them to adhere to the command of the fourth amendment, and not evade it by the simple device of wearing the masks of immigration officials while in fact they are preparing a case for criminal prosecution. [ footnote 1 ] section 242(a) of the immigration and nationality act of 1952, 66 stat. 208, 8 u.s ..... was insufficient to justify petitioner's arrest and indictment on espionage charges. the decision was thereupon made to bring petitioner to the attention of the ins, with a view to commencing deportation proceedings against him. page 362 u. s. 222 upon being notified of the fbi's belief that petitioner was residing illegally in this country, noto asked the fbi to ..... feb. 5, 1917, c. 29, 19, 39 stat. 889; act of oct. 16, 1918, c. 186, 2, 40 stat. 1012; act of may 10, 1920, c. 174, 41 stat. 593; internal security act of 1950, c. 1024, title i, 22, 64 stat. 1008. to be sure, some of these statutes, namely the acts of 1888, 1903 and 1907, dealt only with aliens who had landed illegally ..... against him. the claim is, in short, that the government used this administrative warrant for entirely illegitimate purposes, and that articles seized as a consequence of its use ought to have been suppressed. were this claim justified by the record, it would indeed reveal a serious misconduct by law enforcing officers. the deliberate use by the government of an administrative warrant for .....Tag this Judgment!
Court : Guwahati
Decided on : Jun-21-1960
..... the persons whom the prosecution proposes to examine should be furnished to the accused person before the enquiry or trial is commenced, makes the limitation of the power of the police for further investigation clear beyond doubt. section 8 of the criminal law (amendment) act makes the procedure for the trial of warrant cases applicable to trials before the special judge.if we turn to the ..... to prove that the ration cards were false. i have no doubt that there is no provision in the criminal procedure code for such further investigation or for the district magistrate to accord permission for it.7. the amended sub-section 4 of section 173-which requires that copies of the report under section 173 (1), of the first information report under section 154, and of all other documents which ..... further investigation and the district magistrate permitted such investigation when the case was already pending trial before the special judge after the framing of the charge.the report contemplated under section 170 (1), cr.p.c. when it appeared to the officer-in-charge of the police station that there was sufficient evidence, had already been submitted in this case. in fact .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-09-1960
Reported in : AIR1961SC578; (1961)63BOMLR491; 1961CriLJ725; 3SCR107
..... such tax-collector. by virtue of the provision contained in s. 7 of the criminal law amendment act, xlvi of 1952, the case was transferred to a special judge who was appointed by the state government after the prosecution was commenced before a magistrate. the special judge found the accused guilty of the offence under ..... act is precisely in line with the terms of s. 403(2) of the criminal procedure code which runs : '403. (2) a person acquitted or convicted of any offence may be afterwards tried for any distinct offence for which a separate charge might have been made against him on the former trial under section 235, sub-section (1 ..... indian penal code as well as s. 105 of the indian insurance act. 24. ..... with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.' 9. criminal breach of trust referred to in the section is defined in s. 405 of the indian penal code in these terms : '405. whoever, being in any manner entrusted ..... ).' 23. it would be noticed that it is because of this provision that the respondents before us were originally charged before the magistrate in criminal case 82 of 1953 with offences under s. 409 of the .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Apr-18-1960
Reported in : AIR1960AP622
..... section (2-a) which was inserted by the amending act h of 1945, the court below was empowered to release on bail persons convicted of bailable offences, but only for a period sufficient to enable them to obtain the orders of the appellate court under sub-section (1). the provisions of sub-sections (1) and (2) of section ..... the cr. p. c.; it obviously means a court taking cognisance of appeals. after the constitution, the supreme court takes cognisance of appeals in criminal matters from high courts. order xxi, rule 15 of the supreme court rules specifically provides for the supreme court ordering stay of execution ol the ..... be suspended, and also, if the said person is in confinement, that he be released on bail. by the adaptation of laws order, 1950, the present sub-section was substituted. 13. it will be seen that a power intended to be normally exercised by the higher appellate court was given to ..... in the present case, the certificate has been issued on the ground that the question whether the identification of the petitioner in court requires in law corroboration by means of an earlier test parade, has to be authoritatively settled by the supreme court. there was a special ground for the ..... appeal. 8. the learned public prosecutor referred me to the use of the expression 'special leave' in part iii under courts in halsbury's laws of england (third edition vol. 9), wherein the jurisdiction and the procedure of the judical committee were dealt with. he contended that prior to the .....Tag this Judgment!
Court : Allahabad
Decided on : Apr-18-1960
Reported in : 1960CriLJ1546
..... -section (2 a) which was inserted by the amending act ii of 1945, the court below was empowered to release on bail persons convicted of bailable offences, but only for a period sufficient to enable them to obtain the orders of the appellate court under sub-section (1). the provisions of sub-sections (1) and (2) of section ..... defined in the cr.pc; it obviously means a court taking cognisance of appeals. after the constitution; the supreme court takes cognisance of appeals in criminal matters from high courts. or, xxi, rule 15 of the supreme court rules specifically provides for the supreme court ordering stay of execution of the ..... be suspended, and also, if the said person is in confinement, that he be released on bail.by the adaptation of laws order, 1950, the present sub section was substituted.13. it will be seen that a power intended to be normally exercised by the higher appellate court was given to ..... in the present case, the certificate has been issued on the ground that the question whether the identification of the petitioner in court requires to law corroboration by means of an earlier test parade, has to be authoritatively settled by the supreme court, there was a special ground for the ..... to appeal.8. the learned public prosecutor referred me to the use of the expression 'special leave' in part iii under courts in halsbury's laws of england (third edition vol. 9), wherein the jurisdiction and fee procedure of the judical committee were deal with. he contended that prior to the .....Tag this Judgment!