Judgment Search Results Home > Cases Phrase: police incitement to disaffection act 1922 Court: supreme court of india Page 1 of about 48 results (0.057 seconds)

N.Sengodan Vs. Secretary to Govt.Home Chennai and ors.

Court : Supreme Court of India

..... on the basis of the above said report, received by me, i registered a case in crime no.11/98 on the file of fairlands police station for the offence under section 3 of the police (incitement to disaffection) act, 1922 and section 505 (1)(b) ipc and sent the copies of the first information report to the concerned officials and taken the case on file for investigation. sd. ..... the grounds of arrest he informed is that a case has been registered at his station in crime no.11 of 1998 for offences under section 3 of the police (incitement to disaffection) act, 1922 and under section 505(1)(b) ipc and that the same was under investigation. ..... based on the said news item, on 6th january, 1998, the 3rd respondent, ramasamy, the then inspector of police, fairlands police station, salem city had registered a case in crime no.11/98 for offence under section 3 of the police (incitement to disaffection) act, 1922 and section 505(1)(b) of the indian penal code. ..... therefore, it is not clear on what basis the charge under section 3 of the police (incitement to disaffection) act, 1922 and section 505(1)(b) of the ipc was levelled against the appellant.33. ..... the 4th respondent, e.gopi, is former inspector of police, sooramangalam police station, salem city on whose complaint a case in crime no.11/98 was registered against the appellant under section 3 of the police (incitement to disaffection) act, 1922 and section 505(1)(b) of the indian penal code.4. .....

Union of India and anr. Vs. Tulsiram Patel and ors.

Court : Supreme Court of India

Reported in : AIR1985SC1416; (1985)87BOMLR563; (1985)3CompLJ45(SC); [1985(51)FLR362]; (1985)IILLJ206SC; 1985(2)SCALE133; (1985)3SCC398; [1985]Supp2SCR131; 1985(2)SLJ145(SC)

..... authority in any employment other than his duty as a member of the force, or who shall be guilty of cowardice, shall, on conviction, be punished with imprisonment for a term which may extend to six months.under section 19 of the cisf act, the police (incitement to disaffection) act, 1922, applies to supervisory officers and members of the cis force as it applies to members ..... with reference to the words 'conditions of service' occurring in section 243 of the government of india act, 1935, under which the conditions of service of the subordinate ranks of the various police forces in india were to be determined by or under acts relating to those forces, the judicial committee of the privy council held in north-west frontier province v. ..... disaffection in any of these forces is likely to spread, for disaffected or dissatisfied members of these forces spread such dissatisfaction and disaffection among other members of the force and thus induce them not to discharge their duties properly and to commit acts of indiscipline, insubordination and disobedience to the orders of their superiors. ..... amongst the more obvious acts which affect the security of the state would be disaffection in the armed forces or para-military forces. .....

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. ..... similarly, the offence under section 427 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 ..... 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. ..... some of them proceeded to police lines also.4. ..... pradeshik armed constabulary act. .....

Dalbir Singh and ors. Vs. the State of Punjab

Court : Supreme Court of India

Reported in : AIR1962SC1106; [1962]Supp3SCR25

..... 3 of the pepsu police (incitement to disaffection) act (act 1 of 1953), which will be referred to hereafter as the impugned act. 2. ..... 3 of the impugned pepsu police (incitement to disaffection) act which appellants 1, 2 and 4 were found to have violated and for which they were sentenced to a term of imprisonment. 4. ..... as we have pointed out earlier, learned counsel did not seriously contest that the impugned provision in so far as to penalised the creation of disaffection among members of the police force or the incitement of the members of the police force to withhold their services from the government could properly be sustained as enacted 'in the interests of public order'. ..... - whoever intentionally causes or attempts to cause, or does any act which he knows is likely to cause, disaffection towards any 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 shall be punishable with imprisonment which may extend to six months, or with fine, or with both'. 8. ..... in exercise of the power thus delegated to him by parliament the president enacted pepsu act 1 of 1953 whose long title runs : 'an act to provide a penalty for spreading disaffection among the police and for kindred offences'. 7. .....

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 state of bombay : 1961crilj828 in which the question arose whether an investigation by an officer of the delhi special police establishment who undertook investigation of the case and failed to comply with two pre-conditions incorporated in the proviso to section 5a of the prevention of corruption act, 1950, the investigation was vitiated and the trial upon such investigation would be bad. ..... attempt was made to urge that as the act in question was made by the president under article 356 of the constitution it would be an act of parliament in exercise of the power conferred by article 33 and as the police force would be one such force as contemplated by article 33 charged with the maintenance of public order, the provisions of the act would be beyond the challenge of part iii of the constitution. .....

i.C. Golak Nath and ors. Vs. State of Punjab and anr.

Court : Supreme Court of India

Reported in : AIR1967SC1643; 1967(0)BLJR818; [1967]2SCR762

..... the act of settlement (1701), the act of union with scotland (1707), the act of union with ireland (1800), the parliament act (1911), the representation of the peoples acts of 1832, 1867, 1884, 1918, 1928 and 1948, the ballot act (1872), the judicature acts 1873, 1875 and 1925, the incitement to disaffection act (1934), his majesty's declaration of abdication act (1936), the regency act (1937) and the various acts setting up different ministries are examples of what will pass ..... be overruled, 'it would lead to the inevitable consequence that the amendments made in the constitution both in 1951 and 1955 would be rendered invalid and a large number of decisions dealing with the validity of the acts included in the ninth schedule which have been pronounced by different high courts ever since the decision of this court in sankari prasad's case : [1952]1scr89 , was declared, would also be exposed to serious jeopardy'. ..... ; (v) that for abridging or taking away fundamental rights, a constituent body will have to be convoked; and (vi) that the two impugned acts, namely, the punjab security of land tenures act, 1953 (x of 1953) and the mysore land reforms act, 1961 (x of 1962) as amended by act xiv of 1965 are valid under the constitution not because they are included in schedule 9 of the constitution but because they are protected by ..... doctrine as to the exclusionary rule the purpose was to deter the lawless action of the police and to effectively enforce the fourth amendment. ..... [1922] .....

John Vallamattom and anr. Vs. Union of India (Uoi)

Court : Supreme Court of India

Reported in : AIR2003SC2902; 2003(5)ALD51(SC); 2004(5)ALLMR(SC)283; 2003(4)AWC2689(SC); 2003(3)CTC418; [2003(4)JCR44(SC)]; JT2003(6)SC37; 2003(3)KLT66(SC); 2003(5)SCALE384; (2003)6SCC611

..... in an enactment religious bequests by a christian is discriminatory and violative of articles 14 and 15 of the constitution must be determined as per the rule of procedure laid down by section 118 of the act, which comes with the purview of articles 14 and 15 of the constitution, and it is, therefore, necessary that all testators who are similarly situated should be subjected to the same rule of procedure. ..... whenever fundamental right to freedom of conscience and to profess, practice and to propagate religion is invoked, the petitioners contended that the act complained of as offending the fundamental right must be examined to dishonour whether such act is to protect order, morality and health, whether it is to give effect to the other provisions of part iii of the constitution or whether it is authorised by a law made to regulate or restrict any economic, financial, political or secular ..... at the same time, since no exemption is granted by the state government to the members of the christian community under section 3 of the act, christians cannot bequest property for religious or charitable use unless fresh will is executed on the expiry of every 12 months, if the testator does not suffer from the misfortune of death within the ..... the petitioners are aggrieved by the discriminatory treatment meted out to the members of the christian community under the act by which they were practically prevented from bequeathing property for religious and charitable purposes and that has led them .....

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)

..... clauses (b) & (c) of article 39, by virtue of the 42nd amendment the limitations which were confined to clauses (b) and (c) of article 39 were taken away and the article was given a much wider connotation by legislating that acts or laws given effect to all or any of the principles laid down in part iv of the constitution would be protected by the umbrella contained in article 31c and would be immune from challenge on the ground that they were ..... may be taken as a concession on behalf of the state that the officers fixing the compensation were entitled to make marginal but not vital departures from the principles of compensation laid down by the act which seems to be the real intention of the statute in question by providing for a broad-based compensation and allowing the same to be decided by the highest court of justice in the state, viz. ..... given by the high court we would like to mention certain important facts which have come into existence after the act was passed by the tamil nadu legislature as also after the judgment of the high court, which fall under three heads :(1) that by virtue of the constitution (25th amendment) act, 1971 a new article in the shape of article 31c was inserted in the constitution with the avowed object ..... in the same token, it was argued that the manner and method in which the nationalisation policy has been enacted in the act does not per se secure twin objects of article 39(b) & (c) for two reasons -(1) that taking over of the vehicles, tools, .....

Surendra Pal and ors. Vs. Dr. (Mrs.) Saraswati Arora and anr.

Court : Supreme Court of India

Reported in : AIR1974SC1999; (1974)2SCC600; [1975]1SCR687

..... of the will (3) had the testator testamentary capacity at the time of signing the alleged will was the execution of the will obtained by fraud of coercion or undue influence or importunity of the petitioner and others acting with her (5) was the deceased prevented by force and threats from executing a further will by which his property would have been equitably divided? ..... 16, 1960 just over a year after her death, bhim sain went to the police station and made a complaint against his son (surendra pal). ..... sain his son was doing all these because he had been found out in the act of removing jewelleries and cash from the vaults, safe and steel almirah. ..... , always some dominant and impelling circumstance which motivates a man's action though in some cases even a trivial and trifling cause impels him to act in a particular way which a majority of others may not do. ..... notice under the special marriages act was given to the registrar, but since the time was not sufficient to fulfil the requirements of that act, this notice was ante-dated and the marriage took place on ..... section 103 of the evidence act places the burden of substantiating such a plea on the party which ..... 33 'a man may act foolishly and even heartlessly; if he acts with full comprehension of what he is doing the court will not interfere with the exercise of ..... unlike the position in england at the time when the courts recognised the presumption relied upon by the appellant, cur law of evidence is codified in the indian evidence act. .....

Vinod Dua Vs. Union Of India

Court : Supreme Court of India

..... the present crime; (b) however, the petitioner in terms of the offer made by him in his communication dated 12.06.2020, shall extend full cooperation through video conferencing or online mode; and (c) the himachal pradesh police shall be entitled to carry on the investigation including interrogation of the petitioner at his residence after giving him prior notice of 24 hours and complying with the social distancing norms prescribed during covid-19 pandemic. ..... b) any acts within the meaning of section 124-a which have the effect of subverting the government by bringing that government into contempt or hatred, or creating disaffection against it, would be within the penal statute because the feeling of disloyalty to the government established by law or enmity to it imports the idea of tendency to public disorder by the use of actual violence or incitement to violence. ..... the learned additional solicitor general argued that the question of whether a writ of habeas corpus could be maintained in respect of a person who was in police custody pursuant to a remand order passed by the jurisdictional magistrate in connection with the offence under investigation, had already been settled by this court. ..... of the facebook post would indicate that the agony of the appellant was directed against the apathy shown by the chief minister of meghalaya, the director general of police and the dorbar shnong of the area in not taking any action against the culprits who attacked the non-tribals youngsters. .....