Judgment Search Results Home > Cases Phrase: disturbed areas special courts act 1976 Page 1 of about 64,828 results (0.230 seconds)

Sujan Charan Lenka and ors. Vs. Smt. Pramila Mumari Mohanty and ors.

Court : Orissa

Reported in : AIR1986Ori74

..... it must be remembered that in whatever language section 115 of the code has been couched, and despite the restrictions imposed after its amendment in 1976, once the high court is satisfied on materials on record placed before it that the impugned order passed by the court or courts below shall cause injustice to a party and/or it is illegal, it should not be reluctant to reverse such an order and pass such order as ..... in an identical case reported in the case of jiwan dasa rawal (air 1981 delhi 291) (supra) the delhi high court relied upon the supreme court decision in the case of ram baran prasad (air 1967 sc 744) (supra) and held that unlike the law in england where an agreement for sale creates an equitable estate in ..... patrala gouri mahalaxmi raimani (air 1977 orissa 58) (supra) it was held by a learned single judge of this court that it is fairly well settled that grant or refusal of temporary injunction rests on sound exercise of discretion and it cannot be lightly interfered with unless it is shown that such ..... (supra) it was held that in the case of an agreement for sale entered into prior to the passing of the transfer of property act, it was the accepted doctrine in india that the agreement created an interest in the land itself in favour of the purchaser. ..... the concurrent findings of fact recorded by the learned courts below should not be disturbed in civil revision. ..... 1 has a prima facie case, specially when, the petitioners have sale-deeds in their favour in respect of the .....

Hutchison Essar South Ltd., Prestige Blue Chip Represented by Its Depu ...

Court : Karnataka

Reported in : ILR2009KAR4255; 2009(4)KCCR2459

..... palike (bbmp) sought to remove the boards displayed in the premises of the dealers/distributors/retailers, for non-payment of advertisement tax under the karnataka municipal corporation act, 1976, for short the 'act', the petitioners having invoked the writ jurisdiction of this court was disposed of reserving liberty to the petitioners to file necessary representations with a direction to the bbmp to consider the representations and pass orders thereon and if exemptions ..... its fours and for the very same reasons, findings and conclusions, the petitioners are entitled to exemption from payment of advertisement tax under the third proviso to section 134 of the act the order of the special commissioner, impugned and the demand for payment of taxes by the notices impugned are illegal.the writ petitions are allowed ..... in order to better appreciate the contentions advanced by the learned counsel for the parties, it is necessary to extract the third proviso to section 134 of the act which runs thus:provided also that no such tax shall be levied on any advertisement which is not a sky-sign and which-(a) is exhibited within the windows of any building; or(b) relates to the trade ..... in compliance with the said order, the petitioners having made representations, the special commissioner, bbmp, on hearing the petitioners, by order dt 7.4.2007 (impugned in each of the petitions) held that the advertisements not displayed in the premise belonging to the petitioners but their dealers/retailers/ .....

Prakash @ Pakya Mahadeo Raut and Ashok Babu Jadhav @ Ashok Bhangi Vs. ...

Court : Mumbai

Reported in : 1984(1)BomCR245

..... to see whether an act has affected 'public order' what has to be seen is whether the detenu's activities have any impact upon the local community, or in other words 'disturb the even tempo of the life of the community of that special locality.'......... ..... observations from that judgment read as follows :'.........disorder is no doubt prevented by the maintenance of law and order also but disorder is broad spectrum which includes at one end small disturbances and at the other the most serious and cataclysmic happenings. ..... case, the distinction between 'law and order' and 'public order' has been made in the following words :---'.........the true distinction between the areas of law and order and public order lies not merely in the nature or quality of the act but upon the degree and extent of its reach upon society. ..... it is the potentiality of the act to disturb the even tempo of the life of the community which makes it prejudicial to the maintenance of ..... the above activities of the detenu were considered by the supreme court in order to find out as to whether they constituted danger to public order and the relevant observations as reproduced below make the position clear :paragraph 12 : '.........the contention is that the grounds of detention served on the ..... however, it is material to note that in each of these cases, the supreme court on facts came to the conclusion that the actions alleged against the detenu were only individual incidents and had no bearing on the question of ..... 1976 .....

Akshay Kapur and ors. Vs. Rishav Kapur and ors.

Court : Delhi

Reported in : 2006(88)DRJ790

..... girja nandini devi : [1965]3scr841 , it was said that a family arrangement is binding on the parties, particularly if it is acted upon; courts give effect to a family settlement on the broad and general ground that its object is to settle existing and future disputes regarding property amongst members of a family. ..... arun kapur then filed a contempt petition alleging violation of the interim measure granted by this court on 5th april, 2001 but eventually it appears that the petition under section 9 of the act filed by arun kapur was rejected and an appeal against the rejection has since been withdrawn.13. ..... in any case, since contempt proceedings are a matter between the court and the alleged contemnors, i am prepared to give the alleged contemnors the benefit of doubt inasmuch as they appear to have acted in the best interests of the assets of the kapur family. ..... reference was made to kerr on fraud and it was held that family arrangements are governed by a special equity peculiar to them and would be enforced if honestly made. ..... of each cycle unit is more or less equal.3(c) the market areas for sales in india and exports for each separate unit shall be clearly identified, demarcated and equated. ..... shanmugam pillai : [1973]1scr570 :-if in the interest of the family properties or family peace the close relations had settled their disputes amicably, this court will be reluctant to disturb the same. ..... : [1976]3scr202 are important.22. .....

indrajit Barua Vs. the State of Assam and anr.

Court : Delhi

Reported in : AIR1983Delhi513

..... to the two impugned notifications issued by the governor of the state of assam it was ordered that the two impugned notifications will take effect but no power shall be exercised under the provisions of section 4 of the assam disturbed areas act and section 4(a) of the armed forces (special powers) act, 1958; exercise of which powers was stayed. ..... of the constitution to contend that the only situation in which enforcement of article 21 of the constitution can be suspended is the situation contemplated by article 359 under which the president may by order suspend the right to move any court for enforcement of the right conferred by article 21 of the constitution during the period when a proclamation of emergency is in force. ..... the high court was further directed to treat the material placed before the supreme court in the special leave petition as material placed before it and also give liberty to the parties to produce such other material as they desire to produce. ..... this was consequent to orders passed by the supreme court of india in special leave petition (civil) no. ..... 108/80 (14) although the above matters were transferred to this court and were taken up by us en july 16, 1980 hearing of the matters was adjourned from time to time on joint request of counsel for the parties. ..... 1980, the learned single judge of the gauhati high court did not think it necessary to amend the earlier ex-parte stay orders. .....

Basi Singh Vs. State of Assam and ors.

Court : Guwahati

..... , curfews, police firing were 'the order of the day', so much so, that the entire state of assam was declared a 'disturbed area' and the assam disturbed areas act as well as the armed forces (special powers) act had to be brought into operation. ..... where freedom is in peril and justice is threatened all citizens shall receive the fullest protection from the court within the four corners of articles 21 and 22 of the constitution and the safeguards provided in the ordinance benignantly stretched and liberally interpreted, ..... the subjective satisfaction of the detaining authority in this constituency is prohibited area which the court cannot be asked to consider either the propriety or the sufficiency of the grounds on which ..... we have stated in a number of cases, following observations of the supreme court, that the question whether the grounds furnished are vague or not must be determined on consideration of ..... at the relevant time were duly considered by the supreme court in various cases while considering the preventive detention cases. ..... speaking for the supreme court explained in the clear language that the exercise of the power of detention is dependant on the subjective satisfaction of the detaining authorities with a view to preventing a person from acting in a prejudicial manner as set forth in ..... (as his lordship then was) speaking for the court turned down the contention and held that the mere circumstances that a detention order was passed during the pendency of a prosecution would .....

indrajit Baruah Vs. State of Assam and anr.

Court : Guwahati

..... the petitioner also challenges the vires of the assam act 19 of 1955, the assam disturbed areas act, 1955, and the armed forces (assam and manipur) special powers act, 1958 as amended by armed forces (assam and manipur) special powers (amendment) act 1972, on which the two impugned notifications are ..... from the materials placed by the writ petitioner himself before this court as also before the supreme court, it cannot be said that there is no kind of disturbances to public tranquillity, serenity or 'rita' in the state for ..... their lordships further directed that this high court may consider the materials placed before the supreme court as the materials placed before this court and also give liberty to the parties to produce such other materials as they desire to ..... the order dated 16-4-1980 passed by the hon'ble supreme court in special leave petition (civil) no. ..... solicitor-general fairly confines himself to two questions, namely, prima facie case and the balance of convenience, and takes me through the materials placed before the hon'ble supreme court in the special leave petition. ..... have to be tested by the acid test of reasonability of restriction to fundamental rights; and the court has been assigned the role of a sentinel on the 'qui vive'. ..... 4377 of 1980 before the supreme court of india, on which their lordships of the supreme court by order dated 16-4-1980 were pleased to direct this high court to dispose of the stay application after hearing both the sides today, the 18th april .....

Extra Judl.Exec.Victim Families Assnandanr Vs. Union of India and Anr

Court : Supreme Court of India

..... his individual capacity as a public interest litigant he prays for a direction that the areas in manipur declared as a disturbed area in terms of section 3 of the armed forces (special powers) act, 1958 (for short the afspa ) be withdrawn and the notification issued in this regard ..... for the maintenance of public order, after giving such due warning as he may consider necessary, fire upon or otherwise use force, even to the causing of death, against any person who is acting in contravention of any law or order for the time being in force in the disturbed area prohibiting the assembly of five or more persons or the carrying of weapons or of things capable of being used as weapons or of fire-arms, ammunition or explosive substances; (b) to (d) xxx xxx ..... the armed forces of the union for the time being in force is brought before a magistrate and charged with an offence for which he is also liable to be tried by a court martial or coast guard court, as the case may be such magistrate shall not proceed to try such person or to commit the case to the court of session, unless:- (a) he is moved thereto by a competent military, naval, air force or coast guard authority; or (b) he is of opinion, for reasons to be recorded, that he should so ..... constitutional position ever since entry 1 of list ii of the seventh schedule was amended by the constitution (forty-second amendment) act, 1976 and entry 2a was inserted in list i of the seventh schedule to the constitution by the same amendment act. .....

Peoples Union for Human Rights (Represented by Ramesh Kumar JaIn and o ...

Court : Guwahati

..... along with the central rule the central government under the armed forces (special powers) act, 28 of 1958 (the act of 1958) declared the entire state of assam a disturbed area as it was in a disturbed or dangerous condition, therefore armed forces were deployed for maintenance of law and order ..... the learned advocate-general who appeared for the state and the central government argued, this court should not look for adequate or sufficient evidence to sustain the impugned notification but look into the circumstances, whether broadly there was evidence to justify for the central government to make the ..... seeks suspension of sections 4 and 6 of the above act of 1958 and guidelines be given by the court to protect civilians during counter insurgency operations in north east. ..... this question was answered by the three judges on 20th february, 1991 to hold the delhi high court decision binds this court unless the decision is modified or varied in accordance with law. ..... reports received suggest that if at all the accused were arrested, the designated courts released them on bail without any resistance from the state. ..... if persons are detained in violation of the provision of the act, this court ordered compensation to the injured persons rs. ..... of assam the interim orders passed by this court were set aside and that the issue as to vires of the two acts is no more res integra. ..... it was pointed out that a single judge of this court suspended the notifications in 1981 and a like order may be .....

Naga People's Movement for Human Rights (NPMHR) Vs. Union of India (UO ...

Court : Guwahati

..... to as the 'the district, having been declared as a disturbed area under section 3 of the armed forces (special powers) act, 1958, hereinafter referred to as 'the act', alleging infringement of the fundamental rights guaranteed under arts. ..... (4) no civil proceedings in which relief is claimed against the president or the governor of a state, shall be instituted during his term of office in any court in respect of any act done or purporting to be done by him in his personal capacity, whether before or after he entered upon his office as president or as governor of such state, until the expiration of two months next after ..... as to whether in the absence of the governor the justification or the basic data, which resulted in the satisfaction or opinion of the governor for declaration of senapati district as a disturbed area will be available for scrutiny of the court we find no reason why the state government would not be able to provide the same. ..... cal 184) (supra) interpreting article 361(1), it was held that the governor could not be made a party in any proceeding in court, inter alia, in a case where his decision could have been questioned on grounds available to a citizen against other authorities justifying the ..... the first, the procedure of petition of right which was based on the principle that king could not be impleaded in his own courts; and the second, that the crown could not be proceeded against at all in tort, which was due to the same principle coupled with the doctrine .....