Court : Karnataka Kalaburagi
..... the government of india and thereby had committed offences punishable under section 25 of the indian arms act and sections 4 and 5 of the es act (though incorrectly indicated in the judgment as explosives rules, 1908 ) and section 9b of the explosives act, 1884. in answering the above points in the affirmative, the ..... reasoning of the trial court commencing at paragraph-8 of the judgment, refers to admitted facts, which the accused is said to have admitted while making his statement under section ..... them waging war against the government of india and thereby committed an offence punishable under section 25 of indian arms act and section 4 and 5 of explosive rules 1908 and section 9(b) of act 1884? 4. that the accused being the member of prohibited terrorist organisation took part in .....
Tag this Judgment!Court : Karnataka
..... by the persons belonging to pfi/sdpi in kannur district of kerala to impart training to the youth by using explosives and weapons had also been entrusted to the nia on 24.07.2013 in accordance with section 6(4) of the nia act and the trial court has convicted 21 accused in this case. it is stated, the central government vide letter ..... : 15. terrorist act- (1) whoever does any act with intent to threaten or likely to threaten the unity, integrity, security [economic security] or sovereignty of india or with intent to strike terror or likely to strike terror in the people or any section of the people in india or in any foreign country,- (a) by using bombs, dynamite or other explosive substances or inflammable .....
Tag this Judgment!Court : Karnataka
..... by the persons belonging to pfi/sdpi in kannur district of kerala to impart training to the youth by using explosives and weapons had also been entrusted to the nia on 24.07.2013 in accordance with section 6(4) of the nia act and the trial court has convicted 21 accused in this case. it is stated, the central government vide letter ..... should be (i) an act committed with an intention to cause threat or likely to cause threat to the unity, integrity, security or sovereignty of india or with an intent to strike terror or likely to strike terror in people or any section of the people in the country. (ii) secondly, there should be use of the explosive substances, firearms or lethal weapons .....
Tag this Judgment!Court : Karnataka
..... consequently, discharge the petitioner herein of alleged offences u/s120,121a,122,123,212 and sec.10,11,13,16,17,18,19,20 and21of the unlawful activities (prevention) act, sec.9(b) r/w sec.5a and6of the indian explosive substance act and sec.3 in matter bearing and25of the arms act s.c.no.60/2009, pending on the file of the iii additional district and ..... , 121a, 122, 123, 153-a,212 r/w 149 of ipc and sec.10,11,13, 16,17,18,19,20 and 21 of the unlawful activities (prevention) act, sec.9(b) r/w sec.5 and 6 of the indian explosive substance act and sec.3 and 25 of the arms act sec.120-b r/w. 409 & 420 ipc and crl. r.p.no.8/2017 (spl ..... . c.c no.14/2014) 397 & 401 sections 7, 13(2) cr.p.c r/w. 13(1 .....
Tag this Judgment!Court : Karnataka
..... 121a, 122, 123, 153-a,212 r/w 149 of ipc and sec.10,11,13, 16,17,18,19,20 and 21 of the unlawful activities (prevention) act, sec.9(b) r/w sec.5 and 6 of the indian explosive substance act and sec.3 and 25 of the arms act7crl. r.p.no.8/2017 (spl ..... . c.c no.14/2014)397 and 401 cr.p.csec.120-b r/w. 409 and 420 ipc and sections 7, 13(2) ..... p.no.185/2017 (spl. c.c no.38/2014)397 cr.p.csec.7, 13(2), 13(1) (c) and (d) of pc act and sec.120-b r/w. 409 and 420 ipc10crl.r.p.no.228/2017 (fir no.rc01(a)/2014-blr)397 and 401 cr.p.csec.120-b ..... framing of the charge being an intermediate order falls squarely within the ordinary and natural meaning of the term "interlocutory order" as used in section 11(1) of the act. wharton's law lexicon (14th edn., p. 529) defines interlocutory order thus: an interlocutory order or judgment is one made or given .....
Tag this Judgment!Court : Karnataka
..... state of a.p. reported in (2000) 2 scc504 the hon'ble apex court has observed thus: scheduled castes and scheduled tribes (prevention of atrocities) act 1989; sec.14 and 2(1)(d) special court: held it is a court of session designated as special court, which is specified for trial of offences as ..... police received a credible information that within the jurisdiction of davanagere rural police station near alur village, some persons were running stone quarry and they were using explosives like detonators, ammonium nitrate etc., for the purpose of exploding the stones without there being any authority, licence or permission from the government. on the ..... constituting the offence are different. the contravention of terms and conditions of mining lease or doing mining activity in violation of section 4 of the act is an offence punishable under section 21 of the mmdr act, whereas dishonestly removing sand, gravels and other minerals from the river, which is the property of the state, out .....
Tag this Judgment!Court : Karnataka
..... 2018(2) kccr1457 considering the similar question, this court has held that the complaint amounts to an allegation as defined in section 2(2) of the lokayukta act and sub-section (1) of section 8 of the act will have no application in respect of any complaint involving an allegation. 20 wp no.2199/2018 20. in the case ..... and geology, bengaluru, who in turn by his report dated 8 wp no.2199/2018 14.06.2017 stated that though it is not established that the explosives are used in mining activity, however, the pink granites were illegally extracted which amounts to dereliction of duty as the petitioner has not taken any action on ..... under rule 3(1) of the karnataka civil services (conduct) rules, 1966 [ 1966 rules for short]. and recommended the competent authority under section 12(3) of the karnataka lokayukta act, 1984 [ lokayukta act for short]., to initiate disciplinary proceedings against him and to entrust the enquiry under rule 14-a of the karnataka civil services (classifications, control .....
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..... active member of a banned organization namely, lashkar-e-toiba and it requires interference of this court?.3. whether the court below has committed an error in invoking section 5(b) of the explosive substances act, 1908 that the accused was possessing explosives under suspicious circumstances and it requires interference of this court?.4. whether the court below has committed an error in invoking ..... alteration of the charges, accused no.1 was charged for the offences punishable under sections 121, 121a and 122 of the indian penal code, 1860, section 5(b) of the explosive substances act, 1908, section 25(1-a) of the arms act, 1959 and sections 20 and 23(1) of the unlawful activities (prevention) act, 1967.7. accused no.1 pleaded not guilty and claimed trial. hence, the .....
Tag this Judgment!Court : Karnataka
..... process of instigating a person or intentionally aiding a person in doing of a thing, without a positive act on the part of the accused to instigate or aid in committing suicide, conviction cannot be sustained under section 306 of ipc. apart from that, the intention or mens rea are also present while committing the offence ..... commit suicide. it is his further submission that there should be clear mens rea to commit offence under section 306 of ipc. in order to attract the provisions of section 306 of ipc, it requires commission of direct or active act by the accused, which led the deceased to commit suicide seeing no other option and such ..... act must have been intended to push the deceased into such a position that he/she committed suicide.46. in v.p. shrivastava v. indian explosives ltd. [(2010) 10 scc361: (2010) 3 scc (cri) 1290]. this court has held that when prima facie no case is made out against the accused, then the high court ought to have exercised the jurisdiction under section .....
Tag this Judgment!Court : Karnataka
..... already having being met, which has ensured that aspects of public safety have already been taken note of. it is further submitted that section 6c (1) (c) of the explosives act, 1884 provides for refusal of licence if the licensing authority deems it necessary for the security of public peace or for public safety and the ..... that all rules are followed. accordingly, the licence has been granted under the explosives act, 1884 and smpv rules, 2016 after inspection and certification of safety of the premises. therefore, the question of power of refusal under section 353 (5) of the kmc act is unavailable. it is also contended that the reasons assigned in the impugned order ..... cause health hazard and that school children and staff would be affected at point no.iii, it is pointed out that the competent authorities under the explosives act, 1884 and smpv rules as well as the fire officer have 9 approved the outlet. it is also contended that the school authorities themselves have issued letter as .....
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