Judgment Search Results Home > Cases Phrase: police incitement to disaffection act 1922 section 2 definition Page 3 of about 191 results (0.052 seconds)

State of U.P. Vs. Purendra Prakash Srivastava

Court : Allahabad

Reported in : 1974CriLJ131

..... rules 43/119 of defence of india rules, 1971 and section 3 of the police (incitement to disaffection) act, 1922 and the other under sections 147/436/395, indian penal code and rules 43/119, defence of india rules, 1971 of police station hasanganj. ..... 436/1973 under section 7 of the criminal law amendment act, police station hasanganj, and is confined in the district jail lucknow.3. ..... the opposite party is being prosecuted in two cases, one under sections 147/143/336/426, indian penal code. ..... these are two applications under section 498(2) of criminal procedure code for cancellation of bail of opposite party granted by the sessions judge, lucknow.2. .....

Lt.-col. Prithi Pal Singh Bedi and ors. Vs. Union of India (Uoi) and o ...

Court : Supreme Court of India

Reported in : AIR1982SC1413; 1983CriLJ647; 1982(1)SCALE676; (1982)3SCC140; [1983]1SCR393; 1982(2)SLJ582(SC); 1982(14)LC695(SC)

..... the contention raised was that section 3 of the pepsu police (incitement to disaffection) act, 1953, was violative of article 19(1)(a) and was not saved by article 19(2) ..... union of india, it is an incontrovertible proposition of law that even while finding a balance between need for expedition and need to give full opportunity to the person against whom the inquiry is held, 'a body charged with a duty to act judicially must comply with the minimum requirements of natural justice and that if observance of natural justice in the area of administrative decision making so as to avoid devaluation of the principle by administrators already alarmingly insensitive to the rationale of audi ..... the contention that the restriction or abrogation of the fundamental rights in exercise of the power conferred by article 33 is limited to one set out in section 21 of the act, this court observed as under :the learned attorney-general has urged that the entire act has been enacted by parliament and if any of the provisions of the act is not consistent with the provisions of any of the articles in part iii of the constitution, it must be taken that to the extent of the ..... by the very definition an officer would be a person belonging to the upper bracket in the armed forces and any person, other than an officer subject to the provisions of the act would necessarily imply persons belonging to the lower categories in the army service ..... the definition of the expression 'department' is an inclusive-definition. .....

Krishna Gopal Singh and ors. Vs. State of U.P.

Court : Supreme Court of India

Reported in : AIR2000SC3616

..... pradeshik armed constabulary act, 1984 and section 3 of the police (incitement to disaffection) act, 1922.3. ..... also cannot be pressed into service as none of the appellants is alleged to have committed any act 'with intent to cause or knowing that he is likely to cause, wrongful loss or damage to the public or to any person'.the offence of mischief as defined in section 425 can be established only with strength of the allegations covering the ingredients enumerated in the said section.learned counsel for the state has fairly conceded that the allegations in the charge are lacking as ..... the provisions under which appellants were convicted are the following:section 148, section 395, section 427 read with section 149 of the indian penal code; section 6(b) and section 6(c) of the u.p. ..... but accepting the entire allegations against appellants to be true we fail to notice any material to bring the offence within the contours of the definition under section 390 (robbery) i.p.c. ..... in view of the aforesaid deficiency learned counsel for the respondent state could not persist with his contention for sustaining the conviction under section 395 of the indian penal code. ..... we may note that regarding the said offence it has been fairly conceded that there is no allegation whatsoever for bringing the acts of the appellants within the purview of the aforesaid provision.8. ..... that sub-section reads thus:6.more heinous offences ..... if so, appellants cannot be convicted of the offence under section 427 either.6. .....

State of Tamil Nadu and ors. Vs. L. Abu Kavur Bai and ors.

Court : Supreme Court of India

Reported in : AIR1984SC326; 1983(2)SCALE541; (1984)1SCC515; [1984]1SCR725; 1984(16)LC1(SC)

..... section 3 only gives the definitions of the various expressions used in the act and, fof the time being, it may not be necessary for us to give a detailed description of clauses (a) to (s) of this section ..... we have found that the compensation awarded or the principles contained in the various sections of the act are not illusory but amount to a just and sufficient compensation to 'the operators whose properties are ..... same time, to exclude any further disputes during the process of arbitration, clause (g) of sub-section (1) of section 6 provides that the provisions of the arbitration act, 1940 (central act x of 1940) shall not apply to the arbitrations made under section 6.43. ..... two methods by which the transport industry can be nationalised :(1) where the government acts under chapter iv a (section 68(b) & (c) of the motor vehicles act) and after due publication. ..... another important provision of the act is section 6 which provides for a reasonable amount of compensation to be paid to the operators on their properties vesting in ..... clause (iii) of sub-clause (4)(b) of section 1 lays down that with respect to stage carriages in any other district in the state, the act will come into force on such date as the government may by ..... sub-section (1) of section 6 says that every person interested shall be entitled to receive such amount as may be determined in the second schedule to the act, that is to say, where the amount can be fixed by agreement, the same shall be determined in accordance with .....

Binod Rao Vs. Minocher Rustom Masani

Court : Mumbai

Reported in : (1976)78BOMLR125

..... in india or in any part thereof, or to prejudice the success of any financial measured taken or arrangements made by government with a view to the efficient conduct of military operations;(m) to encourage or incite any person or class of persons, or the public generally, to refuse or defer payment of any land revenue, tax, rate, cess or other dues or amount payable to government or any local authority ..... attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.it will be thus seen that sub-clause (e) of clause (6) of rule 36 is couched in the same language as the substantive part of section 124a, except that the three explanations to section 124a are not to be found in the said sub-clause (e), and while the offence of prejudicial act under rule 43(7)(a) of the said ..... and holland and that a statement issued after the said meeting by the amnesty international said that the police code of ethics should apply to all people or organizations, including secret services, military police, armed forces or militia action in policing capacities and that that organization's representative in the netherlands had made a statement that the draft principles adopted ..... act, 1961, section 119(1) of which conferred power upon the board to issue orders, instructions and directions binding upon other income-tax authorities, similar to the one conferred by section 5(8) of the indian income-tax act, 1922 ..... relevant definitions are of the terms 'prejudicial act' .....

Jagamohan Sahu and anr. Etc. Vs. State of Orissa

Court : Orissa

Reported in : 42(1976)CLT1206; 1977CriLJ1394

..... the observation of the lower appellate court that by the use of the words 'ladhai' and 'sangram' petitioner naik was advocating a war against government and was inciting the public servants with that end in view and was trying to start a rebellion or revolution with a view to crush indira government seems to be too far fetched and is not relevant to the charge framed against petitioner ..... the trial court found all the accused persons guilty under rule 43(5) of the rules, under sections 145 and 151, indian penal code and under section 32 of the police act, convicted them thereunder and sentenced each of them to pay a fine of rs. ..... from this it cannot be said that those speakers who did not incite the police personnel shared the object of petitioners naik and bhagaban sahu. ..... on the other hand, this portion of the speech means a direct incitement to the police personnel in this state to paralyse government by taking resort to various active methods. ..... if really by use of the word 'sangram' the speaker meant a real fight, then certainly the act on the part of shri naik must be held to be act causing disaffection amongst the public servants and interfering with their discipline. ..... after investigation the petitioners were charger-sheeted under sections 143, 145, 151, 224 and 332, indian penal code, under section 32 of the police act and under rule 43(5) of the rules. ..... this act on his part must come within the definition of a prejudicial act as defined in rule 36(6)(b) of the rules. .....

Sadat Jahan Vs. the State of Hyderabad

Court : Andhra Pradesh

Reported in : 1954CriLJ52

..... that have been served on the petitioner that the two main grounds on which the government has come to the conclusion, that it is necessary that the petitioner should be detained with a view to preventing her from acting in a manner prejudicial to the public safety of the state are (a) that she wrote a number of objectionable articles in the paper called 'iqdam' (the major portion of the grounds relates to her writing ..... speech made by her at the victory play grounds on 4-9-1952, even granting that she made a speech in the identical terms in which the police officer who was present at the meeting has reported, i must say that such speech cannot be regarded as one calculated to create disaffection in the minds of the people as against the government so as to create a disturbance of public peace. ..... any policy or administrative action of the government with a view to obtaining redress by lawful means cannot be regarded as an act which is likely, to create disaffection in the minds of the people so as to result in disturbance of public safety and the maintenance of public order.8. ..... writ of habeas corpus is against the order of the commissioner of police of hyderabad city, under section 3, sub-section (1) (a) (ii) of the preventive detention act. ..... the acts or utterances of a person ought not to be inimical to public welfare tending to incite people to crime or ..... security' or the maintenance of public order means some effort or intention on the part of the detenu to incite violence. .....

Controller of Estate Duty, Gujarat Vs. Babubhai T. Panchal

Court : Gujarat

Reported in : (1981)21CTR(Guj)229; [1982]133ITR455(Guj)

..... surely it is well established that at the very moment members decide upon a partition eo instanti, a division in status takes place whereupon the share of the demanding member gets crystallised into a definite fraction and if there is division by metes and bounds the allotment of properties vivifies and specifies such shares in separate ownership. ..... of the revenue, the following question has been referred to us for our opinion : 'whether, on the facts and in the circumstances of the case, the tribunal was justified in law in holding that the provisions of explanation 2 of section 2(15) were not attracted in this case with regard to release by the deceased and, accordingly, deleting the inclusion of the sum of rs. ..... 5 : 'in the case of the every person dying after the commencement of this act, there shall, save as hereinafter expressly provided, be levied and paid upon the principal value ascertained as hereinafter provided of all property, settled or not settled, including agricultural land situate ..... of the act : 'any disposition made by the deceased in favour of a relative of his shall be treated for the purposes of this act as a gift unless - (a) the disposition was made on the part of the deceased for full consideration in money or money's worth paid to him for his own use or benefit; or (b) the deceased was concerned in a fiduciary capacity imposed on him otherwise than by a disposition made by him and in such a capacity only; and references to a gift in this act shall be .....

Controller of Estate Duty, Bombay City, Bombay Vs. Kantilal Nemchand

Court : Mumbai

Reported in : [1978]115ITR89(Bom)

..... . in view of the above discussion, it seems to us clear that the further question as to whether the transaction would be effected by section 10 of the act would not arise and, in our view, the tribunal was right in coming to the conclusion that the only value that was includible in the principal value of the estate that ..... in this reference made to this court by the tribunal under section 64(1) of the estate duty act the following question has been referred for our opinion : 'whether on the facts and in the circumstances of the case, the tribunal was right in directing the inclusion of only the value ..... , however, took the view that the case fell under section 10 of the act, inasmuch as, according to him, since the deceased was a partner till his death, the deceased was in possession and enjoyment of the subject-matter of gifts and he not having been entirely excluded from the possession and enjoyment of the subject-matter of the gifts, the gifts were hit by section 10 of the act. ..... in favour of a relative without adequate consideration and as such father continued to remain a partner in the business and continued to possess and enjoy the goodwill and tenancy rights of the business, the provisions of section 10 of the act would be attracted ..... , the deceased had relinquished his right 6/16th proportion of the goodwill in favour of his son without adequate consideration and such relinquishment resulted in disposition as contemplated by explanation 2 to clause (15) of section 2 of the act. .....

D Ranganatha Rao Vs. Smt D Sujatha

Court : Karnataka

..... obligation under the hindu law, of such son, grandson or great-grandson to discharge any such debt: provided that in the case of any debt contracted before the commencement of the hindu succession (amendment) act, 2005*, nothing contained in this sub-section shall affect (a) the right of any creditor to proceed against the son, grandson or great-grandson, as the case may be; or (b) any alienation made in respect of or in satisfaction of, any such debt ..... further submission of the learned counsel for appellants that hindu succession act, of 1956 is misinterpreted and the effect of sections 6 and 8 of the said act and definition of section 3(f) of the said act are wrongly understood.26. ..... core contention of learned counsel for appellants/defendants that lakshmidevamma died on 18-09-2003 as such, she was not alive on the date of commencement of amended hindu succession act, 2005 and relied on the following decisions: (i) in the case of appa saheb versus gurubasawwa and another - ilr1959mysore 287, and the head note is as under: hindu women s rights to property act xviii of 1937, sections 2 and 3 hindu widow disability to inherit on account of unchastity if removed by sec. ..... (2) any property to which a female hindu becomes entitled by virtue of sub-section (1) shall be held by her with the incidents of coparcenary ownership and shall be regarded, notwithstanding anything contained in this act 40 or any other law for the time being in force in, as property capable of being disposed of by .....