Judgment Search Results Home > Cases Phrase: police incitement to disaffection act 1922 Court: mumbai Page 1 of about 34 results (0.067 seconds)

indulal K. Yagnik Vs. State

Court : Mumbai

Reported in : (1960)62BOMLR206

..... was charged with having committed an offence under section 3 of the police (incitement to disaffection) act, 1922. ..... application we will assume that the aforesaid speech made by the petitioner falls under the mischief of section 3 of the police (incitement to disazffection) act, 1922.(5) mr. ..... the question as to the validity of section 3 of the police (incitement to disaffectio n) act beig act no. ..... (12) section 3 of the act reads:'whoever intentionally causes or attempts to cause, or does any act which he knows is likely to caue, disaffection towards the government established by law in india amongst the members of a police-force, or induces or attempts to induce, or does any act which he knows is likely to induce, any member of a police-force to withhold his services or to commit a breach of discipline ..... leaned fairly heavily on the case of romesh thappar : 1950crilj1514 was that a speech to police constables, as the speech in this case was which on the assumption that it cases disaffection against the government of bombay, cannot affect either the security of state or the public order ..... that poblic order can be maintained or that it would be consistent with the interests of public order if members of the police force were permittedto be disaffected or inducements to them to withhold their services or to commit breach of the rules of discipline were allowed. ..... 145(2) of the bombay police act and that therefore incitement to commit such an offence must be held to be protected by clause .....

Balukishan A. Devidaval Vs. the State of Maharashtra

Court : Mumbai

Reported in : 1975CriLJ1891

..... 18 lays down that the police (incitement to disaffection) act, 1922 shall apply to members of the force as it applies to members of a police force. ..... makes the police (incitement to disaffection) act, 1922 applicable to members of the force, in our opinion, however, the very fact that under section 14 of the act. ..... member of the railway protection force has to make over the person arrested to a police officer or a police station shows that despite some powers of arrest and search given to the r p f, and despite extending the provisions of the police (incitement to disaffection) act. ..... emperor : air1926bom517 was overruled; and it was laid down by the full bench that an abkari officer, investigating under the bombay abkari act was a police officer within the meaning of section 25 of the indian evidence act, 1872, having regard to section 41 of the bombay abkari act, which ran as follows:(1) every abkari officer not below such rank as government may prescribe shall within the area for which he is appointed have power to investigate all ..... go only by the term or the designation given by the legislation but what we should find out is whether the officer concerned is exercising all the powers of a police officer which enables him to extort a confession which confession can be used against him if the provisions of section 25 of the act do not apply.it will be pertinent to note here, there-fore, what were the provisions which were considered by the full bench decision under the .....

Tukaram Bhau Mane Vs. State of Maharashtra

Court : Mumbai

Reported in : (1983)85BOMLR115; 1983MhLJ317

..... that was a case where the applicant was charged under section 3 of the police (incitement to disaffection) act, 1922, with having intentionally caused or done an act which he knew likely to cause disaffection towards the government established by law in india amongst the members of the police force or with inducing the members of the police force to withhold their service or commit a breach of discipline. ..... had withdrawn from duty in concert with other members of the police force and had further acted in defiance of authority and also instigated his fellow constables to withdraw from duty and to wilfully disobey the orders of the superior officers and had participated in illegal activities along with other members of the constabulary in the city of bombay and that he had by his various acts of commission and omission disturbed public order and endangered the ..... it appears that on august 21, 1982 the commissioner of police had issued a notice in which it was stated that 23 policemen mentioned in the said notice had been dismissed from the bombay city police force by the government of maharashtra with effect from august 18, 1982 by an order under section 25(2) of the bombay police act read with clause (c) of the second proviso to article 311(2) of the constitution of india and that further orders for their eviction from the quarters occupied .....

Joseph BaIn D'souza and another Vs. State of Maharashtra and others

Court : Mumbai

Reported in : 1995(2)BomCR317; (1995)97BOMLR909; 1995CriLJ1316

..... ipc r/w 3 police incitement to disaffection act, 1992. ..... under :- 'when traitor muslims who are destroying things like religion, culture, tradition, piety, family, law, truth, affection, public administration and such other cherished values and are showing their cruelty before police and army, we cannot assume the role of messengers of peace when atrocities are committed on hindu brother. ..... correct translation reads thus :- 'those muslims who are indulging in the act of violence on the streets and are desecrating deities and temples are ..... they have filed this writ petition with the object that no act causing or having tendency to cause communal disharmony should escape the rigour of ..... according to this article, the army, the police in the city instead of stopping the traitorous activities of anti-national muslims, are taking the role of bystanders mutely looking at ..... the criticism is against those muslims who are indulging in the act of violence on the streets and desecrating hindu deities and temples and they are referred to as traitors, because, according to the editor, no religion, no country, no god, no culture can ..... what did the government and the police do when we proclaimed nationalism via the ethos of hindutwa, we were branded ..... article including the offending portion reads thus :- 'traitors muslims have started acts of violence in the country after the dome of babri masjid collapsed. ..... that during the aforesaid period the police had registered crimes against respondents nos. .....

Binod Rao Vs. Minocher Rustom Masani

Court : Mumbai

Reported in : (1976)78BOMLR125

..... advani relied upon sub-clauses (e), (h) and (n) of rule 36(6), and stated that the publication of the said resolution would bring the government into hatred and contempt and would excite disaffection towards it, that it would cause fear and alarm to the public and that it would influence the conduct and attitude of the public or at least a section of it in a manner likely to be prejudicial to internal security. ..... , belgium, luxembourg, france, britain, ireland, norway 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 at the said meeting were to be discussed in ..... implications are deeper and it affects the even tempo of life and public order is jeopardized because the repercussions of the act embrace large sections of the community and incite them to make further breaches of the law and order and to subvert the public order. ..... a case under the indian income-tax act, 1922. ..... before this high court was under the income-tax 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. .....

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

Court : Mumbai

Reported in : [1978]115ITR89(Bom)

..... 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 construed accordingly.......' 7. having regard to the aforesaid provisions joshi contended that in the instant case admittedly nemchand was carrying on business in the name and style of kirtilal & co ..... . 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 passed on the death of nemchand ..... 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 of 1/4th of the goodwill ..... on march 28, 1964, kirtilal as an accountable person filed the return under the estate duty act in respect of estate that passed on to the heirs on the death of his father, nemchand. .....

Ashok Gangadhar Shedge and Others Vs. Ramesh Gangadhar Shedge, Since D ...

Court : Mumbai

..... 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 ..... down a uniform and comprehensive system of inheritance and applies, inter alia, to persons governed by the mitakshara and dayabhaga schools and also to those governed previously by the murumakkattayam, aliyasantana and nambudri laws.the act applies to every person who is a hindu by religion in any of its forms or developments including a virashaiva, a lingayat or a follower of the brahmo, pararthana or arya samaj; or to any ..... death an interest in a mitakshara coparcenary property, his interest in the property shall devolve by survivorship upon the surviving members of the coparcenary and not in accordance with this act: provided that, if the deceased had left him surviving a female relative specified in class i of the schedule or a male relative specified in that class who claims ..... interest in the property of a joint hindu family governed by the mitakshara law, shall devolve by testamentary or intestate succession, as the case may be, under this act and not by survivorship, and the coparcenary property shall be deemed to have been divided as if a partition had taken place and,-- (a) the daughter is allotted the .....

Official Trustee of Bombay Vs. Controller of Estate Duty

Court : Mumbai

Reported in : [1979]117ITR190(Bom)

..... urged that since in the instance case the life interest created in favour of the deceased was liable to be altered or revoked by the settlor by act, deed, will or otherwise, it cannot be said that this is a case where 'an interest limited to cease on a death' had been created and ..... april 1, 1905, march 25, 1911, september 21, 1919, and april 6, 1927, and a deed intended to be executed by his highness immediately after the passing of the act of even date (being the deed of variation, dated april 13, 1928) were to form part of the enactment and were so to take effect. ..... it was also not disputed before us that though the aforesaid position obtained as per the provisions of the bombay act, in point of fact even after march 31, 1957, the deceased continued to enjoy 1/3rd share in the income of the trust funds till her death ..... aforesaid facts and the deputy controller came to the conclusion that by reason of the passing of the bombay act there was determination of the life interest of the deceased (her late higness maharani chimnabai gaekwar) within the ..... 31, 1957, the deceased had no interest left whatsoever and she was not entitled to any income thereafter and under the provisions of the bombay act, the income as well as the corpus was payable to the beneficiaries who did not include the deceased. ..... was urged that the interest of the deceased ceased on march 31, 1957, in view of the bombay act and nothing passed at the time of her death on august 23, 1958; secondly, for the purpose of .....

Devisingh S/O Balaramsingh Raghuwanshi and ors. Vs. Smt. Shailabai Wd/ ...

Court : Mumbai

Reported in : 1996(2)BomCR183

..... her son jagjitsingh, she would alone be entitled to succeed to his share as his class-i heir under section 8 of the hindu succession act, 1956 with the result that her share would be 2/3rd and that of rajendrasingh would be 1/3rd in his ancestral property. ..... as regards the plea that the deceased rajendrasingh made the maintenance arrangement to circumvent the effect of the ceiling act, the learned trial court found that if the fields under the maintenance arrangement were taken into account, the total holding of the ..... to be seen from the plaint is that according to the plaintiff she alone is entitled to succeed to the property of her deceased husband rajendrasingh as his legal heir under the hindu succession act, 1956 unless his alleged will (exh.265) is held valid in respect of the whole of his property. ..... said question it has to be seen that the rules enacted in the indian succession act, 1925 are made applicable by section 30 of the hindu succession act, 1956 to the wills or other testamentary disposition of property made by any hindu ..... we are however concerned in the instant case with the operation of section 6 of the said act because the share of jagjitsingh in the ancestral property in the hands of his father rajendrasingh has to be determined on notional partition between them just ..... in his cross-examination, he has stated that he is police patil of the village and that he was a friend of devisingh and was visiting his house since ..... 3 for them, the police patil, was a friend of .....

M/S. Iflex Oild and Chemicals Pvt. Ltd Vs. the Official Liquidator and ...

Court : Mumbai

Reported in : 1999(1)BomCR259; [1999]96CompCas386(Bom)

..... the division bench thereafter went on to hold that the sale cannot take place without the court sanction and the provisions of section 537(1)(b) of the companies act are attracted and distinguished the judgment of the apex court on the ground that it would apply to a sale where there was no pari passu charge in ..... such the power under section 29 can be exercised only with the concurrence of the official liquidator and the official liquidator before giving concurrence is required to take permission of the court and act under the directions of the court while exercising its powers on behalf of the workers. ..... by this amendment parliament provided that notwithstanding anything contained in any other provision of this act or any other law for the time being in force, in the winding up of a company, workmen's dues, debts due to secured creditors to the extent such debts rank under clause(c) of the proviso to sub ..... was payment of closure compensation on account of the order of winding up and whether the act of closure could be said to be due to unavoidable circumstances beyond the control of the ..... this would defeat the object and requirement of the amendment act of 1985 which requires that the claims of the secured creditors and workers have preferential claim over the ..... a perusal of the said judgment would show that the act 35 of 1985 whereby section 529 was amended and section 529a was introduced was not considered as the transactions were previous to that date and what was followed was the .....