Judgment Search Results Home > Cases Phrase: prevention of terrorism act 2002 repealed section 4 possession of certain unauthorized arms etc Page 1 of about 88 results (0.319 seconds)

Mohd. Rizwan Mohd. Isaq @ Laddowala Vs. the State of Maharashtra (at t ...

Court : Mumbai

Reported in : (2005)107BOMLR1056

..... in criminal appeal no. 789 of 2005 is original accused 4 in pota special case no. 1 of 2004 which is being tried by the special court constituted under the prevention of terrorism act, 2002 (for short, 'the pota 2002'). for convenience, it would be better to refer to the petitioner in the writ petition and the appellant in the appeal as per ..... screening committee was made under section 60 of the pota 2002. sections 19, 40 and 46 of pota 2002 related to the review committee. on 27/10/2003, the prevention of terrorism (amendment) act, 2003 (act no. 4 of 2004) was enacted. sections 4, 5 and 6 were added to section 60 of the pota 2002. section 7 was added on 2/1/2004 ..... 10/5/2005 wherein it has directed the state of maharashtra to proceed in accordance with clause (a) of sub-section 3 of section 2 of the prevention of terrorism (repeal) act, 2004 (for short, 'the repeal act') in respect of accused 4 and 5. a copy of the order was also annexed to the said order.4. misc. application no. 44 of 2005 .....

Mr. Aatif Nasir MullA. Aged 28 Years, and ors. Vs. the Central Pota Re ...

Court : Mumbai

..... petitions can be disposed of by this common judgment as the issues raised are overlapping.2. petitioners in the respective petitions are tried for offence punishable under the provisions of prevention of terrorism act, 2002 (hereinafter referred to as pota for the sake of brevity).3. in the former petition it is prayed that the direction be issued to central pota review committee ..... be deemed to have come into force on the 21st day of september, 2004.2. repeal of act 15 of 2002 and saving.-(1) the prevention of terrorism act, 2002 (15 of 2002) (hereinafter referred to as the principal act) is hereby repealed.(2) the repeal of the principal act shall not affect- (a) the previous operation of, or anything duly done or suffered under the .....

Mahmadhusen Abdulrahim Kalota Shaikh Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : 2008(13)SCALE398; (2009)2SCC47

..... - 1500/2005, 359/2006, 734/2007, 735/2007 and 736/2007 are persons who have been charged in respect of offences under the provisions of the prevention of terrorism act, 2002, in terrorism related cases. in these appeals, they have also challenged the said judgment dated 13.4.2005 of the gujarat high court in sca nos. 1103 & 1105 ..... read section 2(3) subject to section 321 of code of criminal procedure, 1973. to appreciate the rival contentions, the reasons that led to enactment of the prevention of terrorism act, 2002 and its repeal, require to be noted.4. to meet the challenge of terrorists indulging in wanton killings, arson, looting, and other heinous crimes in ..... the stage of investigation. it is therefore, submitted before us that whatever may have been the ambiguity in sub-section (7) of section 60 of the prevention of terrorism act, that ambiguity has been removed by explicitly providing that even in cases where cognizance has been taken by the court they shall be deemed to have been .....

Sardarji Maganji Waghela Vs. Union of India (Uoi) and ors.

Court : Gujarat

Reported in : (2009)2GLR1399

..... against the accused.(2) the view of the committee that the incident did not take place as part of conspiracy as envisaged under the provision of the prevention of terrorism act, 2002 (hereinafter referred to 'p.o.t.a.') does not tantamount to say that there is no prima facie case to proceed against the accused ..... also urged that the case was to be judged on the anvil of prima facie facts. the definition of 'prima facie' is not available in both the terror acts. incidentally, this expression is not being defined in criminal procedure code but then test of 'prima facie' has been widely used in the judicial courts. it has ..... the present petition, the petitioner has challenged the opinion of the review committee (hereinafter referred to as 'the committee' formed under the prevention of terrorism (repeal) act, 2004 (hereinafter referred to as the 'repeal act'). in the petition, the following prayers were made:(a) issue a writ or order or direction of an appropriate nature quashing the notification .....

Secretary of State for the Home Department (Appellant) Vs. Jj and Othe ...

Court : House of Lords

..... lord hoffmann my lords, 30. the questions in these appeals are whether the terms of certain control orders made by the secretary of state under the prevention of terrorism act 2005 are compatible with article 5.1 of the european convention on human rights and whether the procedure by which they were made is compatible with article ..... a judgment given on 28 june 2006 sullivan j held that obligations imposed on the respondents in control orders made by the secretary of state under the prevention of terrorism act 2005 deprived the respondents of their liberty in breach of article 5 of the european convention on human rights and that the orders should be quashed: ..... united kingdom or overseas. none has been charged with or prosecuted for any offence related to terrorism. 4. the prevention of terrorism act 2005 was enacted on 11 march 2005. it repealed part 4 of the anti-terrorism, crime and security act 2001, including section 23, which the house had found to be incompatible with articles 5 and .....

Ateef Nasir Mulla Vs. State of Maharashtra

Court : Supreme Court of India

Reported in : AIR2005SC3293; 2005CriLJ3748; 2005(4)KLT74(SC); (2005)7SCC29; 2005(2)LC1225(SC)

..... to apply for his release on bail. however, in cases involving serious offences such as those under the terrorist and disruptive activities (prevention) act, 1987, and the prevention of terrorism act, 2002 the legislature has advisedly given some latitude to the investigating machinery in the matter of completion of the investigation by providing for ..... the special judge dated 11.07.2003 granting extension of time to complete the investigation in exercise of power under section 49 of the prevention of terrorism act, 2002, as also the order of the special judge dated 25.7.2003 dismissing the bail application of the appellant herein.the facts giving ..... registered under various provisions of the indian penal code, the indian explosives act read with explosive substances act, damage to pubic property act, indian railways act as also under sections 3 and 4 of the prevention of terrorism act, 2002, hereinafter referred to as the 'act'.on 15.4.2003 the appellant was arrested from bandra-kurla complex .....

State of Gujarat Vs. Salimbhai Abdulgaffar Shaikh and ors.

Court : Supreme Court of India

Reported in : AIR2003SC3224; 2003(2)ALD(Cri)774; 2003(2)ALT(Cri)343; 2003CriLJ4348; (2003)3GLR2378; JT2003(7)SC550; 2004(1)MhLj332; 2004MPLJ13(SC); 2003(7)SCALE253; (2003)8SCC50; 2004(1)

..... revealed as a result of further investigation, the prosecution came to the conclusion that offences under section 3(2) and (3) and section 4 of the prevention of terrorism act (for short 'pota') had also been committed and accordingly took appropriate steps for including the aforesaid offence. a counter-affidavit was filed on behalf of the ..... be exercised ex debito justitiae to do the real and substantial justice for the administration of which alone courts exist. the power has to be exercised to prevent abuse of the process of the court or to otherwise secure the ends of justice. but this power cannot be resorted to if there is a specific ..... 149, 337, 338, 435, 120b, 34, 153a, 302, 307 ipc, sections 141, 151, 152 indian railways act, sections 3 and 4 of prevention of damage to public property act and section 135(1) of the bombay police act. after investigation, charge sheets were submitted against the accused involved in the case but it was specifically mentioned therein that investigation .....

Kartar Singh Vs. State of Punjab.

Court : Supreme Court of India

Reported in : 1994SCC(3)569; JT1994(2)423

..... deal with such activities perpetrated on humanity.30. it was only in the above prevailing circumstances, the legislature has been compelled to bring forth these acts (tada) to prevent and deal with the peril of the erupting terrorism and the consequent potential disorder among others disrupting the law and order and to sternly deal with many groups lurking beneath the murky surface, aiding ..... presumption as to offences under section 3 and so on, contended that the procedure prescribed under this act for trying the commission of heinous crimes cannot be said to be discriminatory. he also made reference to the prevention of terrorism (temporary provision) act, 1984 (uk) and some other acts enacted in india which are now repealed prescribing special procedure and providing severe punishments.225. the .....

A and Others (Appellants) (Fc) and Others Vs. Secretary of State for t ...

Court : House of Lords

..... his certificate was revoked and a control order (currently the subject of an application for judicial review) was made under the prevention of terrorism act 2005, enacted to replace part 4 of the 2001 act. events followed a similar pattern in the cases of e, a and h, save that none was transferred to broadmoor ..... of national security most notably appeals to siac under section 2 of the special immigration appeals commission act 1997 against deportation orders, and statutory applications to the administrative court challenging control orders under the prevention of terrorism act 2005. for the reasons already given, however, it seems unlikely that the exclusionary rule concerning coerced statements ..... appellants' right of appeal to the house against the court of appeal's decision under section 7 of the 1997 act is preserved by section 16(4) of the prevention of terrorism act 2005, and no question now arises as to the competency of any of these appeals. the common law 10. the appellants .....

Balwinder Singh Minhas Vs. Rakesh Budhiraja

Court : Punjab and Haryana

Reported in : (2010)157PLR345

..... , therefore, held appointment in a public service in connection with the affairs of the union.22. at this stage, it may be useful to refer to section 60 of the prevention of terrorism act, 2002 (since repealed), which used to provide constitution of the review committees and appointment of chairperson/member of such committees and the same (relevant part only) reads as follows ..... at this stage to refer to section 2 of the pota, 2004, which reads as follows:2. repeal of act 15 of 2002 and saving:- (1) the prevention of terrorism act, 2002 (hereinafter referred to as the principal act) is hereby repealed.(2) the repeal of the principal act shall not effect.- (a) the previous operation of, or anything duly done or suffered under the principal .....