News UpdatesWhether Offence Punishable With Imprisonment Which ‘May Extend To Three Years’ Cognizable or Non-Cognisable?- Rajasthan HC Refers To Larger Bench [Read Order] Mehal Jain12 April 2020 7:54 AMShare This – xThe Rajasthan High Court is set to consider the question of law, “What would be the nature of an offence (whether cognisable or non-cognisable) for which imprisonment ‘may extend to three years’ is provided and no stipulation is made in the statute regarding it being cognisable/non-cognisable?” A Single Judge of Court last week required the matter to be placed before a Larger Bench…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Rajasthan High Court is set to consider the question of law, “What would be the nature of an offence (whether cognisable or non-cognisable) for which imprisonment ‘may extend to three years’ is provided and no stipulation is made in the statute regarding it being cognisable/non-cognisable?” A Single Judge of Court last week required the matter to be placed before a Larger Bench for resolving the important question as to whether the offence under Section 91(6)(a) (occupying land without lawful authority) of the Land Revenue Act and those Sections 63 (copyright infringement) and 68A (unauthorised publication of song recording or video film) of the Copyright Act should be treated as ‘cognisable or non-cognisable’. The judge took the prima facie opinion that the view taken by another Single Bench in the 2015 case of Pintu Dey v. State of Rajasthan “does not appear to be laying down the correct proposition of law and I am inclined to differ with the same”. “A plain reading of provision indicates that the offence under Section 91(6)(2)(a) of the Land Revenue Act stipulates punishment which may extend ‘upto three years’. Thus, awarding actual imprisonment of ‘three years’ is permissible for this offence…Supreme Court interpreted various terms of imprisonment referred to in Section 167(2)Cr.P.C. in the case of Rajeev Choudhary…The third category of offences which are made non-cognisable in this Section of the Schedule (I of Cr. P. C.) are those which are punishable ‘with imprisonment for less than three years or with fine only’…Therefore, (…), awarding ‘actual imprisonment of three years’ for an offence which is made non-cognizable by this clause, is not a permissible option…”, observed the judge on April 7. The judge ventured that the offence under Section 91(6)(b) of the Act would definitely be a non- cognisable one, considering Section 91(6) of the Land Revenue Act provides that the offender can be punished with imprisonment which may extend to three years. Thus, the provision does lay that punishment would be continued within three years. Awarding an actual sentence of three years is permissible for the offence. “A further indication of the legislative intent that the offence was engrafted so as to make it a cognisable one is given in Section 91 itself”, continued the Court, explaining that the second proviso to Section 91 mentions that investigation of an offence under clause (a) of sub-section (6) shall not be made by an officer below the rank of a Dy.S.P. Manifestly, investigation can only be made into cognisable offences as no such course of action is permissible for a non-cognisable offence in relation whereto, only an inquiry is permissible as no F.I.R. can be registered for non-cognisable offence. The power to investigate has consciously been provided to the Police, restricting the same to clause (a) whereas clause (b) which provides for imprisonment for a term which may extend to one month, no such power is given.Click Here To Download Order[Read Order]Next Story
Sign up for our COVID-19 newsletter to stay up-to-date on the latest coronavirus news throughout New York Screen grab from National Weather Service satellite imageA slow-moving winter storm on track to strike Long Island Wednesday night could dump up to seven inches of snow on the Island and will linger over the area until Friday afternoon, forecasters said.The storm, a nor’easter, should spare commuters Wednesday evening, forecaster said, adding that the area won’t start feeling significant effects of the storm until after midnight. Long Islanders could wake up Thursday morning to a couple of inches of snow, but not enough to severely impact the morning commute, meteorologist said.As the storm approaches, the Upton-based National Weather Service has downgraded a previous winter storm warning for eastern Suffolk County to an advisory, which is in effect for the entire Island. Forecasters are predicting up to seven inches of snow in eastern Suffolk and six inches in western Suffolk and Nassau County.Both counties are currently under a wind advisory as forecasters warn of dangerous winds with the potential of producing gusts of up to 55 mph and sustained winds between 25 and 35 mph.The possibility of flooding has also forced the weather service to issue a coastal flood warning for LI.“The State is closely monitoring a winter storm expected to hit several areas of the state beginning this afternoon,” New York Gov. Andrew Cuomo said in a statement. “We are taking actions to prepare for the potential impacts of the storm and coordinating with local officials. New Yorkers in affected areas should follow local weather reports to stay updated.”The state has deployed resources to assist LI emergency management officials with the storm, the governor said.National Grid released a statement Wednesday and said it’s preparing Long Island Power Authority’s system for the storm. The utility also noted that it has brought in extra repair crews and has increased staffing at its customer call center.“There is a potential for the storm to cause widespread electrical outages,” the utility warned.The storm has already caused disruptions in the air with Long Island MacArthur Airport cancelling flights until Thursday morning. The Port Authority has also reported disruptions at LaGuardia Airport.Snowfall could come in several rounds between Thursday morning and Friday afternoon, forecasters said, because the storm is moving laboriously slow.One to three inches of snow is expected Thursday morning and an additional two to three inches could fall Thursday night into Friday morning.It’s “not something we’re going to get out of our hair quickly,” National Weather Service meteorologist Tim Morrin said.
2 weeks ago Dwayne Johnson and wife Lauren Hashian celebrate first wedding anniversary with a song First Published: 2nd September, 2020 14:39 IST 1 month ago Dwayne Johnson’s $15 million XFL purchase objected by league’s unsecured creditors Speaking about the XFL owners, Dwayne Johnson said that his trailblazing partner Dany Garcia and Gerry Cardinale, the CEO of RedBird Capital, are passionate and “committed to the grind” to deliver “awesome football” for the fans. Dwayne Johnson also framed a picture of $7, dating back to his two-month stint in the CFL with the Calgary Stampeders. The WWE icon said that the frame serves as a reminder for him to stay hungry, humble and always be the hardest worker in the room. The Hollywood superstar also has a production company called Seven Bucks, referencing his stint with the Stampeders. Also Read: XFL Owners: Dwayne Johnson’s $15 Million XFL Purchase Objected By League’s Unsecured CreditorsDwayne Johnson owns XFL: Who are the other XFL owners?The XFL declared Chapter 11 bankruptcy on April 13 citing COVD-19 losses and was seeking a buyer for the past three months when Dwayne Johnson and co lodged a $15 million bid. The XFL takeover made Dany Garcia the first female professional league owner. The purchase came in hours before the league was set to be auctioned.The XFL takeover was reportedly split evenly between Dwayne Johnson and his investment partner RedBird Capital and ex-wife Danny Garcia. The XFL is reportedly planning for the 2021 season to possibly be played in a bubble environment. The XFL takeover was opposed by the league’s unsecured credits, but the Hollywood star’s post all but confirms that the deal has been signed and sealed.Also Read: Dwayne Johnson Buys Out Vince McMahon’s Struggling XFL For $15m Only Hours Before Auction(Image Courtesy: The Rock Instagram) If Dwayne Johnson’s Instagram is anything to go by, it seems like the XFL takeover is finally complete. The pro football league previously owned by WWE tycoon Vince McMahon had filed for bankruptcy earlier this year citing losses due to the COVD-19 pandemic. According to reports, Dwayne Johnson and his investors, who include his business partner Dany Garcia along with RedBird Capital Partners, shelled out $15 million to complete the XFL takeover. Also Read: Dwayne Johnson Net Worth: How Much Is The Rock Worth After Million Dollar XFL Takeover?XFL takeover: Dwayne Johnson poses with XFL helmets of all franchises In an Instagram post on Tuesday, Dwayne Johnson posed with the XFL helmets of all eight franchises. Johnson said that he was humbled and grateful when all the XFL helmets arrived and believes that the XFL takeover has brought his life full circle. The former WWE superstar wrote that while his dreams of playing in the NFL never came true, he has the honour of owning an entire pro football league now.Also Read: XFL owners: Dany Garcia, Dwayne Johnson’s Ex-wife, Becomes First Female Sports League Owner With XFL LIVE TV WE RECOMMEND FOLLOW US Sreehari Menon SUBSCRIBE TO US COMMENT Last Updated: 2nd September, 2020 14:39 IST Dwayne Johnson Shares Pictures With Helmets Of All XFL Teams After Official Takeover Hollywood superstar Dwayne Johnson posed with the helmets of all eight XFL franchises after his $15 million takeover of the pro football league. Written By 2 weeks ago Dwayne Johnson pays tribute to late father Rocky Johnson on his 76th birth anniversary 2 weeks ago Dwayne Johnson shares video of fan imitating evergreen and iconic The Rock trash talk WATCH US LIVE 2 weeks ago Lauren Hashian dedicates romantic track to Dwayne Johnson on their first anniversary
Thirteen-year-old Olivia Barrs has claimed her place in England Golf’s Grand Medal Final with a superb round of net 63. The youngster, from Lindgale Golf Club in Leicestershire, posted her score in the Midlands North Regional Medal Final at Radcliffe on Trent, where she led 10 qualifiers for the Grand Final. Olivia gained her first handicap a year ago and was playing off 23 when she teed up in the regional final. She finished four shots clear of her closest challenger and a hefty cut is on the way. “It was the best round I’ve ever had and I’m really, really happy about it. I can’t believe I’ve won,” she said. Olivia’s round included a gross birdie and five pars – on a course she’d never played before. This was the fifth of six regional qualifiers to determine the competitors for the Grand Medal Final at Northants County Golf Club on June 29. The successful players from Radcliffe on Trent were: Olivia Barrs of Lingdale, Sue Annibal of South Kyme, Elizabeth Ruscoe of Aldersey Green, Fran Kralev of Lymm, Cath Wong of Cotgrave Place, Carol Wild of Notts Ladies, Sophie Beardsall of Greetham Valley, Joan Young of Boston, Jo Hopkins of Notts Ladies’ and Gill Brook of Louth. All the regional finalists had returned the best four scores at their club in the England Golf Medals during 2012. The Midlands North final was contested by players from Derbyshire, Lincolnshire, Shropshire, Leicestershire & Rutland, Nottinghamshire and Staffordshire. Qualifying net scores Midlands North Regional Final, Radcliffe on Trent, Par 72, CSS 73 63 Olivia Barrs (Lingdale) 67 Sue Annibal (South Kyme) 71 Elizabeth Ruscoe (Aldersey Green) 72 Fran Kralev (Lymm) 73 Cath Wong (Cotgrave Place), Carol Wild (Notts Ladies’), Sophie Beardsall (Greetham Valley), Joan Young (Boston), Jo Hopkins (Notts Ladies’), Gill Brook (Louth) For full scores please click here. 24 May 2013 Super 63 secures Grand Medal Final place
TROY POLAMALU TROY POLAMALULastly, and probably the most unlikely due strictly to who he is, Troy Polamalu. Yes, it’s almost sacrilegious to even discuss the possibility of the team moving on without Polamalu without him calling his own shots but we saw it happen with Hines Ward and it could happen to Troy too.Of this group of players, Polamalu has been the most banged up from head to toe. His playing style, while Hall of Fame caliber, has caught up to him and may have finally slowed him down a bit. He’s still a factor on the field, but not on the same level he once was. His final year of his contract is 2014 and in that year his cap hit will also be over 10 million dollars. The team very well could elect to let Polamalu go early to save the cap space. The odds of this are 50/50.It would be a very hard decision to let one of the best players in team history walk and it’s a decision the team would much rather have Troy make on his own. However, if Troy thinks he can play in 2014 and wants to do so and the Steelers feel otherwise, we could have a repeat of the Hines Ward situation and that would be a shame.We still have a long way to go before any of these possibilities every have a chance of resonating however as we approach the start of the 2013 training camp it’s worth looking at these players and appreciating all they have done for the black and gold over the years. Some may be back in 2014 and some may go but one thing is guaranteed, this will be the last year that all of these guys will play together and try to get ring number seven.Editor’s Note: Mike Pelaia hosts the website Steel Nation Association www.steelnationassociation.com – Covering the Steelers and helping Children’s Hospital All Day Everyday. You can e-mail him at [email protected] by Mike PelaiaOver the past few seasons we’ve seen several Steeler stalwarts play their final game in the black and gold uniform as the team elected to move on due to age, salary or both. 2013 will follow that same pattern as we will likely see some of the following players end their Steeler careers after this season.BRETT KEISELBrett Keisel is the most likely candidate as he’s 34 years old, he’ll be 35 in September and he’s in the final year of his contract.Keisel has been a rock at right defensive end for this team for several years and was a huge part of the Super Bowl teams. He still has some good football left and will likely put up a solid statistical season once again. However, the team is waiting for young buck Cam Heyward to step up and take Keisels job. They invested a first round pick in Heyward and can’t wait much longer to see what he can do as a full time starter.The fact that Keisel is a free agent makes the decision pretty simple for the team. While it’s not a 100% chance Keisel won’t be back in 2014, the possibilities are slim. IKE TAYLORThe third candidate on this list is Ike Taylor. Over the last 8 seasons he’s been the Steelers unquestioned top corner and has consistently been assigned the opposition’s top receiver.More often than not, Taylor has delivered when called upon. He’s never been one to gain the interception as he seems to have hands made of rocks, but he can cover just about anyone on the field. He was a huge part of the Steelers Super Bowl runs and has been a very consistent cog on a defense that continues to finish at the top of the league in pass defense.He’s coming off of a season ending injury and how he performs off of that injury will be pivotal for his potential return beyond this season. He’ll be 34 in 2014 and his contract will be worth 10 million against the salary cap. The team will likely draft at least one corner in the 2014 draft and they may want to clear some cap room as they continue to transition to the younger generation and try to keep some of their up and coming young stars. RYAN CLARKRyan Clark may follow Keisel out the door after 2013 as well. He too is a free agent after this season and at 33 years old; he’s no spring chicken either.Clark has put up very solid seasons since joining the team via free agency in 2006 and has been part of an all pro duo alongside Troy Polamalu. However, with his age being what it is and the fact the team traded up to draft safety Shamarko Thomas in this year’s draft, his odds of returning beyond 2013 don’t look great.Unlike Keisel, Clark probably could play a few more seasons at a very high level and if the team were to let him walk, he’d probably be able to land elsewhere. That, however, is not what Clark would like to happen; he has stated publicly he’d like to finish his career in Pittsburgh. If Shamarko Thomas doesn’t develop as quickly as the team likes, Clark will have a better shot of coming back in 2014.