Court : Kolkata
Decided on : Apr-06-1982
Reported in : 1984(2)ECC219,1983(12)ELT798(Cal)
..... the judicial magistrate, berhampore, district murshidabad in ngr 679/79-tr 489/79 is called in question. by the said order opposite party no. 1 minati biswas was convicted of an offence under section 4(1) of the bengal criminal law amendment act and sentenced to pay a fine of rs. 250/- in default to suffer simple imprisonment for 25 days. simultaneously the articles seized, that is ..... in : 1958crilj1355 it has been held that so far as confiscation of goods under the customs act is concerned it is a proceeding in rem and the act was enacted to ensure revenue to the central government. he draws our attention to section 5 of the code of criminal procedure, 1973 laying down 'nothing contained in this code shall in the absence of a ..... special jurisdiction or power conferred, or any special form of procedure prescribed, by ony other law for the time being in force'. mr sanyal contends that the provisions of the criminal procedure code are subject to special and local laws and the customs act. 1962 is a special act which confers special powers on the customs officer to confiscate goods and also prescribes a special form ..... specific provision to the contrary, affect any special or local law for the time being in force or any .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Dec-13-1982
Reported in : AIR1983AP96
..... the resurgence of a language or culture can never becomes a corrupt practice.14-a. further the provisions of the representation of the people act or the criminal law amendment act would apply only to those particluar individuals who commit those forbidden acts. they have nothing to do either with the formation of a political party or a grant or a refusal of a symbol to ..... election symbols allotted to them sri. ramarao denied the relevancy of section 123 of the representation of the people act, or section 153-a of the penal code or the 16th constitutional amendment to the decision in this case sri ramarao finally stated that ' i have formed telugu desam a political party as i wanted to serve the people and the state at large.'4. the ..... the citizens cannot therefore be regarded as a corrupt practice within the meaning of s. 123(3) of the representation of the people act. unlike art. 19(1) art 29 strictions. the right conferred upon the section of the citizens residing in the territory of india or any part thereof to conserve their language script or culture is made by the constitution absolute ..... cannot so long as art. 29(1) continue to be a fundamental right, be regarded as amounting to an infraction of the laws of our land even otherwise it appears to me that the real purpose of the 16th constitutional amendment and the consequential provisions is not to forbid all election appeals based on language as such. section 123 cl. (3) of the representation .....Tag this Judgment!
Court : Delhi
Decided on : Sep-14-1982
Reported in : ILR1983Delhi446
..... -1963. he was arrested in the police agitation and placed under suspension on 15-4-1967 and cases under sections 18811471353 indian penal code , 7/33/32 criminal law amendment act, 3133166 police restriction of rights act, section 29, of the police act, section 322122 of police (incitement to disaffection) act, section 7 of the essential services maintenance order, were instituted against him. but upon tendering written apology, the cases were ..... withdrawn and he was reinstated with effect from 22-12- 1970 by an order of 28-1-1971. the period of supension ..... after the filing of the writ petition by the orders of this court he was sent for undergoing upper school training course which commenced on 1-4-1978. in other respects the case of the respondents is total opposition which i answer and grant relief in the manner following. (3) the case is not governed by fr 53 which provides for payment during .....Tag this Judgment!
Court : Rajasthan
Decided on : Mar-01-1982
Reported in : 1983CriLJ858; 1982()WLN60
..... the accused, respondents that there were more than one special judges in jaipur and unless the state government would have specified under sub-section (2) of section 7 of the criminal law amendment act, 1952 (act no. xli of 1952) (for short the act hereafter), as to which of them will try the case the special judge was not authorised to try the case as such the ..... judge having not been specified under sub-section (2) of section 7 of the act was without jurisdiction and the trial is vitiated. section 7 of the act is as follows:7. cases triable by special judge.- (1) notwithstanding anything contained in the code of criminal procedure, 1398, or in any other law the offences specified in sub-section (1) of section 6 shall be triable by special judge ..... only.(2) every offence specified in sub-section (1) of section 6 shall be tried by the ..... and the appointment of special judge is not for any particular case but is for an area or areas. by virtue of sub-section (1) of section 7 of the act all offences specified by sub-section (1) of section 6 of the act are triable exclusively by special judges. such offence or offences shall be tried by the special judge of the area within which offence .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Nov-26-1982
Reported in : AIR1983SC159; 1983CriLJ173; 1983(1)Crimes244(SC); 1982(2)SCALE1066; (1983)3SCC25; 1SCR871
..... of such property, or having lawfully entered into or upon such property, unlawfully remains there with intent thereby to intimate, insult or annoy any such person, or with intent to commit an offence, is said to commit 'criminal trespass.there has been local amendment by u.p. act 31 of 1961 for section 441 of the indian penal code ..... by the 20th day of november, 1973 but instead of vacating the premises the accused has been making unusual pretext and has thus committed an offence under section 448 i.p.c.11. the appellant may be fondly thinking that she had a right to occupy the premises even after the death of shri r.c. ..... set aside the order of the learned magistrate and acquitted the appellant by his judgment dated 19th august, 1975. respondent no. 1 shri nawal kishore assailed the order of acquittal by filing criminal appeal in the high court and the high court in its turn allowed the appeal and reversed the order of acquittal passed by ..... produced shri k. bose as p.w.2.6. the appellant in her statement under section 313, as well as in her statement as a witness d.w. 1 admitted the services of notice on her but denied that any criminal action was called for. she further stated that she had met anand mayee who had ..... accused paid no heed and hence a notice dated 13.11.1973, copy of which enclosed, was sent to the accused as required by u.p. amendment of section 448 i.p.c. the said notice was served upon accused on 14.11.73 as per postal a.d. receipt attached herewith.4. that the accused .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Aug-16-1982
Reported in : AIR1982SC1325
..... the rule under the law as it stood after the abolition of sub-section (5) of section 367 by the amending act 26 of 1955 and the court was left 'equally free to award either sentence.' but then again, there was a further shift against death penalty by reason of the abolitionist pressure and when the new crpc 1973, was enacted, section 354 sub-section (3) provided:when ..... , hold, and dispose of property but that sub-clause was deleted by the constitution (forty fourth amendment) act 1978. now the freedoms guaranteed under these various sub-clauses of clause (1) of article 19 are not absolute freedoms but they can be restricted by law, provided such law satisfies the requirement of the applicable provision in one or the other of clauses (2) to (6 ..... previous decision of the court. there are certain issues which transcend technical considerations of stare decisis and if such an issue is brought before the court, it would be nothing short of abdication of its constitutional duty for the court to refuse to consider such issue by taking refuge under the doctrine of stare decisis. the court may refuse to entertain ..... gather relevant information bearing on the question of punishment and decide, on the basis of such information, what would be the appropriate punishment to be imposed on the offender. section 366 sub-section (1) requires the court passing a sentence of death to submit the proceedings to the high court and when such reference is made to the high court for confirmation of .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Apr-14-1982
Reported in : 1982CriLJ1718
..... so far as it is not inconsistent therewith to proceedings before a special judge. as i have already pointed out earlier, the two statutes have separate and distinct provisions with regard to ..... all doubts on this point would be set at rest by the subsequent enactment of the criminal law amendment act, 1952. this, as its preamble plainly states has further amended the penal code and the criminal p.c. to provide for a more speedy trial of offences relating to bribery and corruption. thereby section 165a was introduced in the penal code to make abetment of offences under ..... that the special provisions of sanction under section 6 of the p. c act, would exclude the application of the general provisions of sanction under section 197 of the code. this is indeed so, on general principles and would be more so, in view of the afore-quoted provisions of sub-section (3) of section 8 of the criminal law amendment act, 1952 which applies the code only in ..... sanction and these are in no way in pari materia.12. the same result would also flow from section 5 of .....Tag this Judgment!
Court : Mumbai
Decided on : Nov-02-1982
Reported in : (1982)84BOMLR608
..... approval in many later decisions, it will be worthwhile to reproduce them verbatim. what was in issue there was the challenge to section 15(2)(b) of the criminal law amendment act, 1908, whereunder the state government had declared a society called the people's education society an unlawful association. the general secretary of ..... a certain remuneration and in turn hiring them out to the employers at higher charges and appropriating the difference for themselves. this practice is nothing short of trafficking in human labour. on account of the large unemployment in the country, many able-bodied persons are available for selling their labour ..... , even' if the charge which falls upon the owner is in addition to the loss which he suffers by reason of the extinction of his title in the carcass.101. this authority, in addition to what is laid down in v.g. row's case (supra), states that the reasonableness ..... a manner which was likely to cause the least public nuisance. the court while repelling the contention that the said provision not only extinguished the title of the owner to the carcass and involved him into a loss of the value which he would have obtained by sale of the carcass ..... said clause. as has been stated earlier, the said date is october 1, 1981. the proviso to the said clause then provides for the registration of the employer of any establishment coming into existence after the commencement of the scheme and states that such employers shall apply for registration simultaneously .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-07-1982
Reported in : AIR1983SC150; 1983CriLJ164; 1983(1)Crimes890(SC); 1982(2)SCALE1133; (1983)1SCC177; 1SCR905
..... of food adulteration act, 1954 ('act' for short) as inserted by the prevention of food adulteration (amendment) act, 1976 (for short 'the central amendment act') with respect to prosecutions launched under section 16(1)(a) read with section 7 of the act in the state of west bengal between the period from april 29, 1974 to april 1, 1976. such offences according to the law then in force i.e. the act as amended by the prevention ..... will be seen that the west bengal amendment act brought about a radical change so far as the act was concerned in its application to the state of west bengal. the maximum punishment for an offence under section 16(1)(a) when committed in the state was punishment of imprisonment for life so that under the provisions of the crpc, 1973, such an offence became exclusively ..... community and also of individuals relate to a time antecedent to their commencement : as statutes of oblivion or of pardon. they are certainly retrospective, and literally both concerning and after the facts committed. but i do not consider any law ex post facto within the prohibition that mollifies the rigour of the criminal law, but only those that create or aggravate the crime, or increase .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jul-02-1982
..... of descriptions or other depictions of sexual conduct, not otherwise obscene, which do not involve live performance or photographic or other visual reproduction of live performances, retains first amendment protection. as with obscenity laws, criminal responsibility may not be imposed without some element of scienter on the part of the defendant. smith v. california, 361 u. s. 147 (1959); hamling v. united states ..... sentenced to 45 days in prison. [ footnote 4 ] a state judge rejected ferber's first amendment attack on the two sections in denying a motion to dismiss the indictment. 96 misc.2d 669, 409 n.y.s.2d 632 (1978). [ footnote 5 ] n.y. penal law 235.00(1) (mckinney 1980); people v. illardo, 48 n.y.2d 408, 415, and n. 3, 399 ..... value is not the "low page 458 u. s. 777 profile, clandestine industry" that, according to the court, produces purely pornographic materials. see ante at 458 u. s. 760 . in short, it is inconceivable how a depiction of a child that is itself a serious contribution to the world of art or literature or science can be deemed "material outside the ..... , 418 u. s. 87 (1974). d section 263.15's prohibition incorporates a definition of sexual conduct that comports with the above-stated principles. the forbidden acts to be depicted are .....Tag this Judgment!