Can You Be Charged Under a New Law for Acts That Weren't Offenses Before?

The trial Judge acquitted the respondent doubt in (his) mind as to whether or not (the respondent) was in fact aware of the amendments to the Legal Profession Actwhen he made the statutory declaration". ... The only issue was whether or not the respondent knew that the respondent knew that the information in his statutory declaration that he was not disqualified by s. 30(1) from applying for a practising certificate for the year ending 31 March 1981 1981 was false and it was conceded b....

The trial Judge acquitted the respondent doubt in (his) mind as to whether or not (the respondent) was in fact aware of the amendments to the Legal Profession Actwhen he made the statutory declaration". ... On 1 September 1981 the respondent appeared before a District Court and claimed trial to the following charge: You, Francis T. ... The only issue was whether or not the respondent knew that the respondent knew that the information in his statutory declaration that he was #HL_START....

2025 0 Supreme(MP) 571

maintainable. ... be maintainable. ... under this Act, the trial shall, as far as possible, be completed within a period of two months from the date of filing of the charge sheet.” ... As such, the nomenclature of ‘appeal’ used in section 14A of the Act of 1989 is not an appeal in strict sense but, a provision enabling a person before the High Court against granting or refusing bail by the Special Court or the Exclusive Special Court specified therein. ... irrespective of the fact whether#HL_....

2023 0 Supreme(Del) 2034

Where allegations give rise to a civil claim and also amount to an offence, merely because a civil claim is maintainable, does not mean that a criminal complaint cannot be maintained. 27.12. ... The High Court should not unduly interfere. No meticulous examination of the evidence is needed for considering whether the case would end in conviction or not at the stage of framing of charge or quashing of charge. 27.4. ... At the stage of framing of a #HL....

High Court Sabah & Sarawak Sibu

[6] The learned counsel for the Appellant also submitted that the charge did not state that the monies had been withdrawn, meaning the Appellant did not have possession of the monies. ... PP ; [2021] 7 MLJ 678; [2021] 3 CLJ 704 , the learned counsel for the Appellant submitted that the charge against the Appellant is defective and the facts as stated therein are not capable of constituting an offence under s 37(1) of the Minor Offences Ordinance ... [24] The Court 's role is to inte....

HIGH COURT (SIBU)

Minor Offences Ordinance (Sarawak Cap 56) enacted more that 60 years ago, by s 37 provides: Other Offences 37 Fraudulent possession of property (1) Any person who has in his possession or conveys in any manner anything/span ... [37]This demonstrates that the learned magistrate’s explanation regarding the nature and consequences of the sentence — specifically whether imprisonment was mandatory due to the use of the term ‘shall’ — was not a significant ... [41]Hence, if not because of the defective #H....

2024 0 Supreme(HP) 229

No meticulous examination of the evidence is needed for considering whether the case would end in conviction or not at the stage of framing of charge or quashing of charge. 27.4. ... In the present case, the question is not whether the proclamation was duly published or not but whether the proclamation was issued at the proper address or not. Section 82(2) provides that the proclamation has to be read in the place of the town or vil....

2024 0 Supreme(Gau) 864

Meticulous examination of the evidence is not needed for considering whether the case would end in conviction or not at the stage of framing of charge or quashing of charge. ... (11) Where allegations give rise to a civil claim and also amount to an offence, merely because a civil claim is maintainable, does not mean that a criminal complaint cannot be maintained. ... No meticulous examination of the evidence is needed for considering whet....

1995 0 Supreme(Mad) 449

Therefore, the learned Principal Sessions Judge is not correct in holding that the statement which is not true per se, is an offence under section 277 of the ActWhen the learned Principal Sessions Judge has already found that the omission to mention the notional rental income in exhibit P-2 was not wilful ... Whether it is a mistake or a deliberate action, the fact remains that the assessee has signed the statement under verification which contains particulars which are not#H....

2023 1 Supreme 285

To put it in other words: whether an FIR under the 2015 Act (Special enactment) is maintainable in law or can be registered if there is no FIR registered against the accused after the promulgation of the 2015 Act for any offence under the IPC or any other statute? ... The provision only defines what is continued unlawful activities and refers to whether a person has been charged over a period of ten years for the purpose of seeing whether the person is charged for the....

2022 0 Supreme(Cal) 162

But there will be no prejudice or failure of justice where there was an error in the charge and the accused was aware of the error. The accused is entitled to know with certainty and accuracy, the exact nature of the charge against him and unless he has such knowledge, his defense will be prejudiced. The accused will be prejudiced, resulting in failure of justice. Where an accused is charged with having committed an offence against one person but on the evidence led, he is convicted for committing offence against another person, without a charge being framed in respect of it.#HL_EN....

2011 0 Supreme(Mad) 4173

When there is absolutely no material available on record to hold that the petitioner has committed the murder warranting punishment under Section 302 IPC, the alteration of the charges by the Trial Court is totally unwarranted. It is trite law that a charge could be framed only with an alleged offence. When there is no material whatsoever, the Trial Court ought not to have ordered the offence coming under Section 302 IPC.

2011 0 Supreme(Mad) 3965

The respondent is not an accused and therefore the question of levelling a charge against a person who is in no way connected with the crime is not maintainable. (e) Both the charges are mala fide and without application of mind. From the copies of the document, it is very clear that the proceedings are initiated only on the basis of the representation given by the union which supports the ruling party. There is no nexus between the respondent and his sister in law in respect of the alleged offence.

2008 0 Supreme(P&H) 1972

As per this Article, when a certain act is not an offence according to law in force at the time when the act is done, the person who does that act must not be held guilty of an offence merely because subsequently a law is made making such act an offence. In fact, there was no law in force at the time when the petitioner allegedly committed these acts and, therefore, would be entitled to the protection of Art. 20(1) of the Constitution. Article 20 grants protection in respect of conviction for offences by providing that no person shall be convicted of any offence except for ....

2001 0 Supreme(Mad) 1519

In the ruling of the Supreme Court in Rameshwar v. State of Rajasthan4, it has been observed as below: It means merely an allegation against a person who hascommitted the outrage on the prosecutrix.” “The rule, which according to the cases has hardened into one of law, is not that corroboration is essential, before there can be a conviction but that the necessity of corroboration, as a matter of prudence except where the circumstances make it safe to dispense with it, must be present to the mind of the Judge, and in jury cases must find place in the charge before a convicti....