Court : Rajasthan
Reported in : 1998CriLJ2439
..... his deptt. with direction to place such observation of the court on the service record of the officer concerned.(11) looking to the treatment being given to the trials of socio-economic offences by the special courts in general and special courts constituted under section. 12a of the act in particular and being conscious of the constitutional obligation under article 227 of the ..... act and under other like legislations in a 'summary way' by the presiding officers of the special courts constituted under the relevant special acts including the act under consideration, trying socio-economic offences. however, before i do that i would like to make some comments on the merits of the impugned orders made in these two petitions.52. in mukesh's case ( ..... particular. once the high court has reposed its trust and confidence in a magistrate or a judge by appointing him the presiding officer of a special court constituted to try socio-economic offences, such presiding officer is duty bound to sec that the relevant social-welfare legislation is administered in such effective & expeditious manner as responds, to the society's cry for ..... chief judicial magistrate, sri ganganagar, has to try the case de-novo.since after the above pronouncement regarding trials of cases under the act under other laws relating to socio-economic offences, hardly any case under such act or laws has been/is being decided by any special court throughout the state due to frequent changes of the presiding officers of such .....Tag this Judgment!
Court : Karnataka
Reported in : 1978CriLJ1837
..... deals with the socio-economic offences and punishments. in chap. 7, para 49, the commission observes.in the case of social and economic offences, what has been detected and brought before the court is, more often than not a ..... surface manifestation of a poisonous spring of habitual misconduct running underground. detection is particularly difficult in the case of social and economic offences. gathering of information ..... does not take account of trifles). if this was an offence of the classical type say for example theft of a few paise, we should have certainly conceded to the submission made by the learned counsel. it is well to remember that we are dealing in this case with a socio-economic offence. the law commission of india in its 47th report ..... drugs controller and after following the required formalities, a complaint was instituted against accused alleging that by collecting excess price in respect of the above mentioned drugs, they committed an offence punishable under section 3 (2) (c) of the essential commodities act, 1955, read with para 15 of the drugs (price control) order, 1970, punishable under section 7 (1) ( .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1976SC366; (1976)4SCC572; 2SCR52
..... advance the object of both the statutes and to effectuate the intention of the legislature.24. mr. panjwani submitted that as the offences under the rules are socio-economic offences which deserve to be curbed and dealt with severely, that is why, such a provision like rule 184 has been enshrined in ..... the rules. that might be so, but then on the interpretation placed by us it does not in any way soften the rigours imposed by the act or the rules made thereunder for such offences ..... tendency is showing signs of steady increase. apart from false cases, where there are reasonable grounds for holding that a person accused of an offence is not likely to abscond, or otherwise misuse his liberty while on bail, there seems no justification to require him first to submit to ..... such intention is clearly expressed or implied by the legislature. the act further contains provisions for constitution of special courts to try particular type of offences, but the procedure is the same as provided for in the code. as, however, no such courts have been constituted in the state ..... be arrested, for contravention of the provisions of the defence of india act and the rules made thereunder which admittedly was a non-bailable offence approached the sessions judge for passing an order for anticipatory bail under the provisions of section 438 of the crpc, 1973. this application .....Tag this Judgment!
Court : Rajasthan
Reported in : 1997CriLJ1390; 1997(1)WLC370; 1996(2)WLN495
..... disturbed over the search for solutions of these problems. savage severity may not always prove effective and may be cruel on petty and marginal offences.'11. their lordships cautioned the magistracy of the country while awarding sentence involving socio-economic offences and observed as under:'the learned magistrate, we are constrained to observe, has completely failed to appreciate the gravity of food ..... offences when he imposed a naively negligible sentence of one hundred rupees fine. in a country where consumerism as a movement has not developed, the ..... have prescribed a minimum sentence of six months and a fine of rs. 200/- for offences falling under the purview of the proviso to section 54 of the act.9. the apex court appears to have time and again considered the sentencing practice for socio-economic crimes. dealing with a case under the prevention of food adulteration act, 1954 in the ..... prescribes a minimum sentence for an offence the court must administer the law in letter and spirit unless some discretion has been given to the court to become lenient in the matter of awarding sentence. it is a well known fact that misplaced sympathy shown by the court to the offenders against socio-economic laws, more often then not enocurages .....Tag this Judgment!
Court : Mumbai
..... the parliament in its wisdom did not desire to make the offer of settlement available to those under a shadow of culpability in respect of socio-economic offences. this wisdom of parliament of excluding pending prosecution from the benefit of kvss 1998 is not for us to question so long it does ..... the income which is being offered to tax under the kvss 1998 is not shadowed by a likelihood of the same having arisen from socio-economic crimes for which prosecution has been launched as provided in section 95(iii) of the act. serious crimes like murder etc per se according ..... of the act as set out in the affidavit in reply filed by the state was to exclude those classes of persons who were involved in socio-economic crimes having obtained income / property by illegal means. the state is prosecuting those persons under the criminal law of land for having acquired / ..... the petitioner has completely mis-understood section 95(iii) of the kvss 1998 which after excluding a class of person who are being prosecuted for offences under the special chapter of indian penal code, fera, tada, narcotic drugs and psychotropic substances act, 1985 and prevention of corruption act, 1998 ..... this admonition been more felicitously expressed than in morey v doud where frankfurer, j said in his inimitable style: in this utilities, tax and economic regulation cases, there are goods reasons for judicial self- restrains if not judicial deference to legislative judgment. the legislature after all has the affirmative .....Tag this Judgment!
Court : Delhi
Reported in : 1979CriLJ94; 15(1979)DLT245; ILR1979Delhi170; 1979RLR46
..... which are sordidly motivated by desire for private gain and aimed at the stability and welfare of the society as a whole, but not against any particular individual, i.e. socio-economic offences. acting on this distinction the former set of preventive detention; law (misa) has been repealed. the distinction has been accentuated by confining the use of the enabling provisions of ..... the constitution to only one kind of preventive detention law, namelv. cofeposa directed against economic offences. adeparture from the misa is also made by the addition of section 5a to the cofeposa. these .circumstances would justify a difference in the approach to the construction of ..... commission on mature consideration agreed that if preventive detention is to be retained at all in the constitution it should be so retained only for preventing these antisocial acts and economic offences. i quote from the report para 16.3 : 'we believe that preventive detention is an anachronism in a democratic society like ours, based on the principle of the ..... preventive detention law in the constitution should be continued and the government defended their continuance only on, the ground that preventive detention was necessary to deal with anti-social and economic offences. the consensus must thus be taken to be in favor of continuing the cofeposa, but not the misa, that is to say, a law of preventive detention should be .....Tag this Judgment!
Court : Supreme Court of India
..... well-being of the community. the evil of adulteration of food and its ef- fects on the health of the community are assuming alarming proportions. the offence of adulteration is a socio-economic offence......the construc- tion appropriate to a social defence legislation is, therefore, one which would suppress the mischief aimed at by the legislation and advance the ..... occur during pregnancy and included fetal and infant deaths, irreversible brain damage, and maternal complications. additional problems of the rest of the community are hypothyroidism, goiter, and socio-economic stagnisation. iodisation of salt is the best and most effective way of correcting iodine deficiency. excess iodine intake occasionally occurs but can be avoided : its consequences are ..... problem in india since the 1920s. unlike other micronutrient deficiencies, iodine deficiency disorders are due to deficiency of iodine in water, soil and foodstuffs and affect all socio-economic groups living in defined geographic areas. initially, iodine deficiency disorders were thought to be a problem in sub-himalayan region. however, surveys carried out subsequently showed that ..... most of the other anti-thyroid agents. the following observations from the article common salt vs. iodised salt (by dr. pvr bhaskar rao, chairman, people for economical and effective medicare) are also relied on : the advice for consumption of iodised salt without correction of total nutritional deficiency is unscientific and results in waste of money .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1989SC1011; 1989CriLJ889; 1989(40)ELT230(SC); (1989)1GLR483; JT1989(1)SC83; (1989)95PLR364; 1989(1)SCALE92; (1989)1SCC420; 1SCR138
..... life and the well-being of the community. the evil of adulteration of food and its effects on the health of the community are assuming alarming proportions. the offence of adulteration is a socio-economic offence. in municipal corpn. v. kacheroo mal : 1976crilj336 sarkaria j. said:the act has been enacted to curb and remedy the widespread evil of food-adulteration, and to ..... 29. this is not a case of a relieving provision excepting from the definition of an offence where the rule of construction against doubtful penalisation operates. the offence is really a violation of a prohibition imposed on a penalty as a social-defense mechanism in a socio-economic legislation. no form of words have ever yet been framed, with regard to which some ..... distributed them to the retailers have gone scot-free. unfortunately, appellant did not, and perhaps could not, invoke the benevolent provisions of section 19(2) of the act. the offence was ten years ago and the appellate court had acquitted the appellant. the expression 'fruit-products' in the context of what the delegated legislative authority really meant and wanted to ..... circumvention...(emphasis supplied)the construction appropriate to a social defence legislation is, therefore, one which would suppress the mischief aimed at by the legislation and advance the remedy.8. the offences under the 'act' are really acts prohibited by the police powers of the state in the interests of public-health and well-being. the prohibition is backed by the .....Tag this Judgment!
Court : Supreme Court of India
..... and are ultimately disentitled to a good rank by fraudulent practices prevalent in those examinations. it is well settled that socio-economic offences constitute a class apart and need to be visited with a different approach in the matter of bail.. usually socio-economic offence has deep rooted conspiracies affecting the moral fiber of the society and causing irreparable harm, needs to be considered seriously ..... fact that he was in jail for however long time should not be the concern of the courts. we are conscious of the fact that the accused is charged with economic offences of huge magnitude and is alleged to be the kingpin/ring leader. further it is alleged that the respondent-accused is involved in tampering with the answer sheets by ..... respondent. the allegations against the respondent are very serious in nature, which are reflected from the excerpts of the case dairy. we are also conscious of the fact that the offences alleged, if proved, may jeopardize the credibility of the education system of state of bihar. the learned senior counsel appearing for the respondent claimed parity with twenty eight (28) ..... respondent, learned senior counsel mr. siddharth luthra appearing on behalf of the state of bihar contended that, the high court erred in not taking into consideration the gravity of the offence. he further contended that the respondent herein, principal of vishnu rai college, is the king pin of what is publically known as bihar toppers scam and thereby countered the .....Tag this Judgment!
Court : Mumbai
Reported in : 2009(111)BomLR4640
..... is convicted, he will not escape from jail sentence.37. the law commission in its 47th report opined that the p. o. act should not be applicable to socio-economic offences. it observed:but ultimately, the justification of all sentencing is the protection of the society. there are occasions when an offender is so anti-social that his immediate and ..... that it ought not to be extended in appropriate cases. the benefits have not been encouraged in cases involving socio-economic offences, offences involving sex perversity cases involving moral turpitude or moral delinquency, cases involving misappropriation of property, gold smuggling, food adulteration offences, offences under prevention and corruption act, and even in cases under section 304a of ipc. judicial trend has been cautious ..... exercise of the powers of probation of offenders act. even apart from such exclusions the courts should be wary of extending the benefit of probation of offenders act to offences relating to corruption, narcotic drugs, etc.referring the dalbir singh v. state of haryana (supra), the apex court has reiterated that the benefit of probation of offenders ..... report is to appraise the court about the character of the offender, exhibit his surroundings and antecedents and throw light on the background which prompted him to commit the offence and give information about the offenders conduct in general and chances of his rehabilitation in particular, on being released on probation.31. there is no doubt that sub- .....Tag this Judgment!