Court : Andhra Pradesh
Reported in : 2001(2)ALD(Cri)373; 2001(4)ALT674; 2002CriLJ710
..... senior counsel appearing on behalf of the petitioner strenuously contends that the government of india exercised its extraordinary power under the proviso to sub-section (3) of section 3 of the act effectuating the ban on the petitioner association with immediate effect without any basis whatsoever. it is contended that the notification so issued by ..... of the country;and whereas, the central government is of the opinion that,-- (i) during may to july, 2000, the deendar anjuman engineered bomb explosions in church premises and other places in the states of andhra pradesh, karnataka and goa;(ii) the said organisation was engaged in distribution of objectionable anti- ..... as an unlawful association with immediate effect. by the very said notification, the central government, in exercise of the power conferred by sub-section (1) of section 3 of the act, declared the petitioner association to be an unlawful association. the challenge in the present writ petition has been confined to the exercise of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(5)ALD679; 2001(5)ALT410
..... the fundamental rights, common law right or a marital right of procreation of a child. we, also, fail to understand how the provisions of section 19(l) and section 39 of the act are against the basic structure or features of the constitution. there is a reasonable nexus in framing these provisions with the object sought to be achieved ..... , cannot be taken away. the right to privacy, contends the learned counsel, is guaranteed to the citizen in terms of article 21 and thus sub-section (3) of section 19 of the act must be held to be unconstitutional. strong reliance, in this connection, has been placed on the decisions of the apex court in r. rajagopal v. ..... . the object which is sought to be achieved is to implement the family planning programme and restrict the family to check the population explosion which is .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002CriLJ770
..... with 149 i.p.c. seventeenth charge against a1 to a4, a6 to a8, a15 and a16 was under section 3 of the explosive substances act and eighteenth charge against a1 to a4, a6 to a8, a15 and a16 under section 5 of the explosive substances act. 2. on evidence, a2 to a21 were found guilty. the learned judge convicted a2 to a8, a12, a13, a14 ..... i.p.c. 3. the learned judge further convicted a2 to a4, a6 to a8, a15 and a16 for the offence punishable under sections 3 and 5 of the explosive substances act and sentenced them to suffer rigorous imprisonment for one year. 4. all the substantive sentences imposed upon the accused-appellants were directed to run concurrently. 5. the gravamen of the ..... as ex.p1. on the strength of ex.p1, p.w. 29 registered the case in crime no. 11/1995 under sections 147, 148, 307 and 302 read with 149 i.p.c., and under sections 3 and 5of the explosive substances act. he sent copies of the f.i.r. to all concerned including judicial magistrate of first class, nandyal. 12. it is .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(1)ALD547; 2002(1)ALT759; [2002]108CompCas494(AP)
..... has no jurisdiction to entertain the suit observing:the learned judge of our high court who decided avanthi explosives case has not taken into consideration this particular aspect of the case that seciion 283 of the act is not one of the sections in respect of wh.ch jurisdiction has been conferred on civil court. the view that merely because ..... reference:2. a learned company judge having noticed two conflicting decisions in m/s nizamabad corn products pvt. ltd. vs . vasudev dalia, : 1992(3)alt303 and in avanthi explosives vs. principal subordinate judge, 1987 (62) cc 301, as regards jurisdiction of this court to entertain such petition, referred the matter for a decision by appropriate bench. when ..... in a forum which has been created under the same statute.24. in tejprakash s. dandi (supra) referring to wolver hampton new water works co. v. hankesford, (1884) 7 wr 464, a division bench of this court held in the fact of that case that if the appellants had a right to sue, that can only be by .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(1)ALD(Cri)477; 2002CriLJ3407
..... tribe, . . . .(iv) commits mischief by fire or any explosive substance intending to cause or knowing it to be likely that he will thereby cause destruction . . .(v) commits any offence under the indian penal code (45 of 1860) punishable ..... he will thereby cause, any member of a scheduled caste or a scheduled tribe to be convicted of an offence . . . .(iii) commits mischief by fire or any explosive substance intending to cause or knowing it to be likely that he will thereby cause damage to any property belonging to a member of a schedule caste or a scheduled ..... c., the accused had committed rape, with an intention to belittle her by naming her caste.28. now it is necessary to extract the relevant portions of section 3(2) of the act as under:29. whoever not being a member of a scheduled caste or a scheduled tribe,-(i) gives or fabricates false evidence intending thereby to cause, or .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(1)ALD(Cri)533; 2002(1)ALT(Cri)477; 2002CriLJ2472
..... . 70 witnesses have already been examined. the accused are charged for the offences under section 120-b, 148, 324, 326, 307, 302 r/w 149 and 112 of i.p.c, and also under sections 3, 4, 5 and 6 of explosive substance act. they are in judicial custody since november,1997. there was an occurrence near rama naidu ..... it was directed that it shall be taken up for disposal immediately. the learned public prosecutor however stated that there is a provision in the criminal procedure code being section 363 which only entitles supply of copy of the judgment free of cost when a person is sentenced to imprisonment. there is no provision in the criminal procedure code ..... fair trial of defending himself against the charge laid and unless he has competent professional assistance. it referred to law commission's forty eighth report and also to section 304 cr.p.c.we are, therefore, of the view that since fair trial would mean also providing of a competent professional assistance to an indigent accused .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(1)ALD(Cri)653; 2002(3)ALT324
..... the high court may direct. crime no. 1 of 2000 of p.s., moghalpura registered against the petitioner and others under section 307 of indian penal code read with sections 7 and 8 of explosives substances act is also to be tried by a court of sessions and not by a court of judicial first class magistrate as averred by ..... the writ petition that the police of p.s., moghalpura, hyderabad has registered a case against the petitioner and others under section 307 of indian penal code read with sections 7 and 8 of the explosives substance act vide crime no. 1 of 2000 and has laid charge-sheet against the petitioner and other accused and the case was ..... in public interest, the high court after examining the entire proceedings and after satisfying itself issued order dated 7-3-2002, exercising the powers conferred under sub-section (4) of section 9 of the code, directing the presiding officer of the court of addl. metropolitan sessions judge for trial jubilee hills car bomb blast case-cum-addl. family .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(3)ALD525; 2002(3)ALT579
..... welfare (li) department dated 19-2-2002 and 27-2-2002 respectively in exercise of the powers conferred under clause (iv) of section 7 of prevention of food adulteration act, 1954 (central act 37 of 1954). the notification issued under the g.o. ms. no.44 prohibits the sale of pan masala under any brand name ..... zarda. the institute found several other deleterious components in the said products including narcotics and has recently sent its report to the central government. despite such an explosive report, the central government has taken no action to prevent the evil effects of the use of pan masala, gutkha and zarda.14. on the basis ..... ) administration as food (health) authority for the state of andhra pradesh in exercise of the powers conferred under clause (iv) of section 7 of the prevention of food adulteration act, 1954 (central act 37 of 1954). the notification also contains statement that the state government has also requested the ministry of health and family welfare, government .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(5)ALD142
..... that in the absence of any specific agreement to claim escalation rate, the arbitration has no power to grant the amount. it held thus:(5) under the arbitration act, section 16 is the provision under which the court may remit the award for reconsideration of an arbitration and necessity for remitting the award arises when there are omissions and ..... the agreement. extension was granted as the contractor expressed inability to do the work and not on account of any fault on the part of department.)claim no.ivdifferential explosive rates: 2,64,217/-83. the arbitrators allowed lump sum amount of rs.9.18 lakhs. the award was made rule of court. the same was challenged by ..... disputes between the parties, has a tradition in india. it has a social purpose to fulfil today. it has a great urgency today when there has been an explosion of litigations in the courts of law established by the sovereign power. new rights created, or awareness of these rights, the erosion of faith in the intrinsic sense .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(5)ALD29; 2002(4)ALT728
..... for the last 60 years and it has been granted requisite permissions from various statutory bodies like pollution control board, chief controller of explosives (in case of chemicals and explosive products). therefore, the apprehension of the petitioners that the establishment of the unit of the 4th respondent will result in air and water ..... which creates pollution of the environment and unhygienic conditions amounts to violation of the provisions of the environment (protection) act, 1986, a.p. urban area (development) act, 1975 and a.p. municipalities act.12. the learned additional advocate-general appearing for the director of ports would submit that the writ petition has been ..... general public is maintained. the action of the respondents is in violation of the provisions of the environment (protection) act, 1986, the a.p. urban area (development) act, 1975 and a.p. municipality act. it is further averred that pursuant to the allotment of the park area, respondent no.4 has commenced work .....
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