Court : Karnataka
Reported in : AIR1995Kant290; 1996(6)KarLJ464
..... india, its scheme read with the provisions of the emblems and names (prevention of improper use) act, 1950 and the prevention of insult to national honours act 1971 do not reveal nor provide for any provision prohibiting the use of national flag (the tricolor flag) which keeps pace with dignity and honour of india, its sovereignty and its cultural heritage and the ideals for which it stands and the honour of national tricolor flag, as well as its user as a conscious keeping of all the ..... . 3 of the emblems and names (prevention of improper use) act, 1950 or if and when it amounts to be an act of insult to nationalhonour within the frame work of the provisions of the prevention of insult to national honour act, 1971, in those cases and situations only the user thereof is prohibited and amounts to be an offence only, the depiction ot scene along with national tricolor in the film does, in context of theme of the picture, not come within prohibition or prohibitory clause ..... . the prevention of insults to national honour act, 1971, as mentioned earlier prevents insults to national honour ..... . xii of 1950 and there is another act known as 'the prevention of insults to national honour act, 1971, i.e ..... . if we look to para 12.3, it again indicates that it is in the nature of an instruction which provides that insult to national flag or any part thereof, as mentioned therein is liable to be punished under prevention of insults to national honour act .....
Tag this Judgment!Court : Karnataka
Reported in : AIR2007Kant174; 2007CriLJ4443; 2007(6)KarLJ338
..... (ii) section 2, of the prevention of insults to national honour act, 1971, does not deal with insult to national anthem and therefore section 3 of the national honour act addressing insult to national anthem is not correct. ..... chief metropolitan magistrate, bangalore, for the offence under section 3 of the prevention of insults to national honour act, 1971 (hereinafter referred to as 'the national honour act'.)2. ..... the short question that arises for consideration is:whether playing musical version of the indian national anthem instead of singing national anthem by mouth or the press statement, is an offence punishable under section 3 of the prevention of insults to national honour act, 1971?7. ..... the prevention of insults to national honour act, 1971 was enacted and brought on the statute book. ..... venugopal that since section 2 of the national honour act does not say anything about national anthem and therefore under section 3 of the national honour act prevention of singing of indian national anthem can not be made an offence is not correct. ..... section 3 of the national honour act says that whoever intentionally prevents the singing of the indian national anthem or causes disturbance to any assembly engaged in such singing shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both'. ..... section 2 of the national honour act deals with insult to indian national flag and constitution of india. .....
Tag this Judgment!Court : Karnataka
Reported in : 2008CriLJ2206; ILR2008KAR1574; 2008(4)KarLJ73; 2008(2)KCCR894
..... it is the misfortune of the petitioner that process is issued against him for the alleged commission of an offence under section 3 of the prevention of insults to national honour act, 1971 (hereinafter referred to as 'the act' for brevity).3. ..... statement having been recorded as well as that of his witnesses, the magistrate has opined that:even though the playing of the national anthem by way of musical instrument is not an offence, the non-playing or not singing of the national anthem at the time of departure of the hon'ble president of india is an offence and it attracts an offence under section 3 of the prevention of insults to national honour act.17. ..... 3 on the other hand deals with the prevention of singing of the national anthem, does not refer to insults to the national anthem.f) a statement made at a press interview even if accepted as correctly quoted cannot constitute an offence under section 3 of the act.g) there is no allegation in the complaint of the actus reus or culpable act of preventing the singing of the national anthem or causing disturbance to any assembly by ..... complainant amounted to 'causing insult and exhibiting dishonour to the national honour'. ..... in the complaint even if assumed to be true would not constitute an offence under the provisions of the act.h) there was no act committed by the petitioner, by word or deed in preventing the audience at the venue from singing the national anthem, which is the only relevant issue, to constitute the alleged offence. .....
Tag this Judgment!Court : Karnataka
..... extent provided in the emblems and names (prevention of improper use) act, 1950 and the prevention of insults to national honour act, 1971 and any other law enacted on the ..... names (prevention of improper use) act, 1950 and the prevention of insults to national honour act, 1971 regulate the use of the national flag. ..... , praying to issue writ of mandamus to the 1st respondent- registrar general of the high court of karnataka not to allow the 2nd respondent for making any arrangement for celebration of hoisting indian national flag at the premises of the high court parallel to the advocates' association and ensure enough solidarity, unity and integrity of the association by stopping 2nd respondent from doing irrelevant imperious ..... not able to show that there is any statute or rule having the force of law which casts a duty on respondent no.1, not to allow respondent no.2, hoist the national flag near the office of the advocate general and to ensure his participation in the flag hoisting ceremony organized by the 3rd respondent, as the president of the advocates' ..... naveen jindal, being a joint managing director of a public limited company incorporated under the companies act and in charge of the factory situated at raigarh in madhya pradesh, was flying the national flag at the office premises and that he was not allowed to do so by the government officials on the ground that the same ..... prevention of misuse of national ..... the extent provided in the 1950 act and 1971 act and any other law enacted .....
Tag this Judgment!Court : Karnataka
..... provided in the emblems and names (prevention of improper use) act, 1950 and the prevention of insults to national honour act, 1971 and any other law enacted on the ..... (prevention of improper use) act, 1950 and the prevention of insults to national honour act, 1971 6 regulate the use of the national flag ..... to show that 13 there is any statute or rule having the force of law which casts a duty on respondent no.1, not to allow respondent no.2, hoist the national flag near the office of the advocate general and to ensure his participation in the flag hoisting ceremony organized by the 3rd respondent, as the president of the advocates ..... naveen jindal, being a joint managing director of a public limited company incorporated under the companies act and in charge of the factory situated at raigarh in madhya pradesh, was flying the national flag at the office premises and that he was not allowed to do so by the government officials on the ground that the ..... prevention of misuse of national ..... extent provided in the 1950 act and 1971 act and any other law enacted ..... the constitution of india, praying to issue writ of mandamus to the1t respondent- registrar general of the high court of karnataka not to allow the2d respondent for celebration of hoisting indian national flag at the premises of the high court parallel to the advocates association and ensure enough solidarity, unity and integrity of the association by stopping2d respondent from doing irrelevant imperious act which leads to - association. .....
Tag this Judgment!Court : Karnataka
..... act prohibited under any law for the time being in force or in contravention of any order made by any court; or (g) for the doing of any act which promotes or attempts to promote disharmony or feelings of enmity, hatred or ill-will between different religious, racial, language or regional groups or castes or communities; or (h) for the carrying on of any activity prejudicial to the sovereignty, unity and integrity of india; or (i) for the doing of any act in contravention of the provisions of the prevention of insults to national honour act, 1971 (69 of 1971 ..... act calculated to insult the national honour ..... offences punishable under sections 376(2)(n), 376da, 376(3), 201, 506 r/w 34 & 37 of the ipc, section 5(l) & 6 of the pocso act, 2012 ( pocso act for short), section 3(1)(w)(i)(ii), 3(2)(v)(v-a) of the scheduled castes/scheduled tribes (prevention of atrocities) act, 1989 ( the atrocities act for short), section 3(c), 3(f), 3(5) and 7 of the religious institutions (prevention of misuse) act, 1988 ( the 1988 act for short) and section 75 of the juvenile justice (care and protection of children ..... are made penal u/s.376(2)(n), 376(da), 376(3), 201, 506 r/w sec.34 and37of ipc and sec.5(l) and6of pocso act2012sec.3(1)(w)(i)(ii), 3(2)(v)(v-a) of sc/st (poa) act and sec.3(f), 3(c), 3(5) and7of religious institution (prevention of misuse) act, 1988 and sec.75 of juvenile justice (care and protection of children) act2015and futher be pleased to quash the charge sheet and further proceedings. .....
Tag this Judgment!Court : Karnataka
..... act prohibited under any law for the time being in force or in contravention of any order made by any court; or (g) for the doing of any act which promotes or attempts to promote disharmony or feelings of enmity, hatred or ill-will between different religious, racial, language or regional groups or castes or communities; or (h) for the carrying on of any activity prejudicial to the sovereignty, unity and integrity of india; or (i) for the doing of any act in contravention of the provisions of the prevention of insults to national honour act, 1971 (69 of 1971 ..... act calculated to insult the national honour ..... offences punishable under sections 376(2)(n), 376da, 376(3), 201, 506 r/w 34 & 37 of the ipc, section 5(l) & 6 of the pocso act, 2012 ( pocso act for short), section 3(1)(w)(i)(ii), 3(2)(v)(v-a) of the scheduled castes/scheduled tribes (prevention of atrocities) act, 1989 ( the atrocities act for short), section 3(c), 3(f), 3(5) and 7 of the religious institutions (prevention of misuse) act, 1988 ( the 1988 act for short) and section 75 of the juvenile justice (care and protection of children ..... are made penal u/s.376(2)(n), 376(da), 376(3), 201, 506 r/w sec.34 and37of ipc and sec.5(l) and6of pocso act2012sec.3(1)(w)(i)(ii), 3(2)(v)(v-a) of sc/st (poa) act and sec.3(f), 3(c), 3(5) and7of religious institution (prevention of misuse) act, 1988 and sec.75 of juvenile justice (care and protection of children) act2015and futher be pleased to quash the charge sheet and further proceedings. .....
Tag this Judgment!Court : Karnataka
..... section 2 of the prevention of insults to national honour act, 1971 (hereinafter referred to as the act for the sake of brevity) runs thus: whoever in any public place or in ..... section 2 of the prevention of insults to national honour act, 1971, has held as follows ..... following the ratio of the apex court judgment in rajeeb chaudhary's case (supra) what would logically follow is that the punishment prescribed under section 68a of the copyright 25 act being for imprisonment which may extend to period of 3 years, the punishment prescribed cannot be said to be less than 3 years as required under part ii of schedule i of ..... the bombay high court in the afore-extracted judgment holds that the maximum punishment provided in terms of the section 52 of the maharashtra regional and town planning act, 1966, is up to three years and the second category of schedule ii of the code of criminal procedure would get 20 attracted and what follows is ..... or otherwise brings into contempt (whether by words, either spoken or written, or by acts) the indian national flag or the constitution of india or any part thereof, shall be punished with imprisonment for a term which 21994 scc online bom 407 17 may extend to ..... any person who knowingly infringes or abets the infringement of (a) the copyright in a work, or (b) any other right conferred by this act except the right conferred by section 53-a, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend .....
Tag this Judgment!Court : Karnataka
Reported in : 1983(2)KarLJ105; [1984]55STC93(Kar)
..... , indicate that section 6b(2) should not be given this significance, he stated : (a) that section 6b(1) requires that every dealer shall in addition to the tax payable if any, under other provisions of the act pay the additional tax, clearly making manifest the legislative intent that the levy under section 6b(1) is attracted to a turnover irrespective of the consideration that that turnover was otherwise exempt for the purposes of ..... enumerated in the proviso to section 6b(1) are exhaustive or whether having regard to the express language of section 6b(2) the exemptions not expressly enumerated in the proviso but available under section 5(3)(a) and (b) of the 'act' in respect of tax leviable under the 'act' generally are also attracted in computing the turnover for purposes of the levy of turnover tax under section 6b(1). 23. it is useful to recapitulate the scheme in regard to the exemptions under ..... thomas cooley (a treatise on the constitutional limitations, page 182) says : 'it has been said by an eminent jurist, that when courts are called upon to pronounce the invalidity of an act of legislation, passed with all the forms and ceremonies requisite to give it the force of law, they will approach the question with great caution, examine it in every possible aspect, and ..... to have been altogether unintended by the amendment having regard to the speech of the honourable finance minister on the floor of the legislature ..... purposes of the amendment, the honourable finance minister said : .....
Tag this Judgment!Court : Karnataka
Reported in : [1988]69STC264(Kar)
..... from a perusal of the scheme of the act, i am of the view that the present provision of section 4a(6) is introduced with the sole object of preventing evasion of tax by an exhibitor who is covered under ..... , uphold sub-section (6) of section 4a as a provision incidental to and necessary for implementing the provision of the act and preventing the evasion of tax. 12. ..... pleaded that the said provision is absolutely necessary to prevent evasion of tax by the exhibitor. ..... also argued with some emphasis that there is no corresponding obligation imposed under the act or the rules on the authority who is required to issue such certificate. ..... section (6) of section 4a of the karnataka entertainments tax act, 1958 (the act), as inserted by karnataka act 22 of 1985 is challenged in this writ petition. ..... local authority' as defined under section 2(g) of the act - means all local bodies from corporation to village ..... under the scheme of section 4a of the act, tax is levied on each show of entertainment depending upon the population and the rate prescribed in the table annexed to ..... (6) of section 4a was inserted by karnataka act 22 of 1985. ..... karnataka] which covers the contentions in this writ petition also on behalf of the respondents, justifying rule 41c(6) and the insertion of sub-section (6) of section 4a of the act. ..... has highlighted the practical difficulties and the problems the petitioner would be exposed to, if he is to obtain a certificate from the local authority, who is not specified under the act. .....
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