Court : Delhi
Reported in : 1997VAD(Delhi)265; 68(1997)DLT553; 1997(43)DRJ108; 1997RLR567
..... is yet another way of looking at the statement of the approver. when i say so, i have in my mind sub-section (2) of section 5 of the prevention of corruption act, 1988. it runs as under: '5 (1)...... (2) a special judge may, with a view to obtaining the evidence of any person supposed to have been directly or indirectly ..... bill is trying to bring about? sir, i may submit that this bill has merely compiled the various provisions of the indian penal code which were prevalent and the prevention of corruption act and the ordinance put together which as i could see, there is no doubt an enlargement of the definition of a 'public servant' i do not see what is ..... that as he holds no 'office' and as, according to the supreme court in r.s. nayak v. a.r.antulay (supra) the corrupt conduct as delineated in the prevention of corruption act, is directly attributable to, and flows from, the power conferred on the office and as there has to be an inter-relation between the office and abuse by the .....
Tag this Judgment!Court : Karnataka
..... chembugudde of ullal village, mangaluru taluk and subhash nagar of pandeshwar. the accused nos.1 to 4, 7 to 13, in order to commit revolt and terror acts, practiced target with arrow and bow at hakkalumane of n.r.pura taluk and organized unlawful meetings at vittalmakki of koppa taluk, chikmagaluru district. the accused ..... 6 are involved in the offence punishable not only under the indian penal code, but also under the provisions of unlawful activities (prevention) act, 1967, explosives act, 1884, the explosive substances act, 1908 and the arms act, 1959. the accused are involved in various illegal activities with an intention to wage war against india. they were involved in ..... of bombs and possessed fire arms in order to disturb the security of india and create terror and insecurity in the mind of common people and committed offence punishable under sections 10, 11, 13, 16, 17, 18, 19, 20, 21 of unlawful activities (prevention) act, sections 120b, 121a, 122, 123, 153a, 212, 420, 468, 471 of .....
Tag this Judgment!Court : Karnataka
..... chembugudde of ullal village, mangaluru taluk and subhash nagar of pandeshwar. the accused nos.1 to 4, 7 to 13, in order to commit revolt and terror acts, practiced target with arrow and bow at hakkalumane of n.r.pura taluk and organized unlawful meetings at vittalmakki of koppa taluk, chikmagaluru district. the accused ..... 6 are involved in the offence punishable not only under the indian penal code, but also under the provisions of unlawful activities (prevention) act, 1967, explosives act, 1884, the explosive substances act, 1908 and the arms act, 1959. the accused are involved in various illegal activities with an intention to wage war against india. they were involved in ..... of bombs and possessed fire arms in order to disturb the security of india and create terror and insecurity in the mind of common people and committed offence punishable under sections 10, 11, 13, 16, 17, 18, 19, 20, 21 of unlawful activities (prevention) act, sections 120b, 121a, 122, 123, 153a, 212, 420, 468, 471 of .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1988CriLJ1446
..... vide memo. exhibit p.c. sanction, exhibit p.g. was obtained for prosecution of the appellant under section 5(2) read with section 5(1)(d) of the prevention of corruption act, 1947 and section 161, penal code, from shri j.s. maini, deputy commissioner, gurdaspur, who is the appointing, removing and dismissing authority of the appellant and ..... .3. after hearing the parties and perusing the documents on record, the appellant was charged under section 5(1)(d) read with section 5(2) of the prevention of corruption act, 1947 and section 161, penal code. the appellant pleaded not guilty and claimed trial.4. to prove its case, the prosecution examined harbans singh p.w. 1 ..... after hearing both the sides, the special judge believing the prosecution evidence convicted the appellant under section 5(2) read with section 5(1)(d) of the prevention of corruption act and section 161, penal code, and sentenced him to rigorous imprisonment for one year and a fine of rs. 500/- or in default of payment of fine .....
Tag this Judgment!Court : Delhi
Reported in : 159(2009)DLT636
..... ) on a high court as if the court of the special judge were a court of session trying cases within the local limits of the high court. prevention of terrorism act, 2002 34. appeal.-(1) notwithstanding anything contained in the code, an appeal shall lie from any judgment, sentence or oral, not being an interlocutory order ..... , therefore, no appeal would lie against such order to the supreme court. a comparison is also drawn with a similarly worded provision, section 34 of the prevention of terrorism act 2002 (pota) which was interpreted in state v. navjot sandhu : (2003)6scc641 by the supreme court. it was held that in terms of the said ..... of thirty days if it is satisfied that the appellant had sufficient cause for non preferring the appeal within the period of thirty days. (emphasis supplied) the prevention of corruption act, 1988 19. previous sanction necessary for prosecution.- (1)xxxxxxxxxx (2)xxxxxxxxxx (3) notwithstanding anything contained in the code of criminal procedure, 1973 (2 of .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... aforesaid were subjected to trial for several offences prescribed under chapter-vi of indian penal code and for the offences prescribed under the terrorists and disruptive activities (prevention) act, 1987. hon'ble the apex court in length discussed the term wage war against government . and held as under:- 23.the trial court has ..... (per hon'ble mathur,j.) reportable being questioned correctness of the judgment dated 28.4.2012 passed by the court of learned special judge, sc/st (prevention of atrocities) act cases, jodhpur in sessions case no.36/2010, this appeal is before us. by the judgment impugned learned trial judge convicted the accused appellants for the ..... any state government. the explanation to section 121a clarifies that it is not necessary that any act or illegal omission should take place pursuant to the conspiracy, in order to constitute the said offence. war, terrorism and violent acts to overawe the established government have many things in common. it is not too easy to .....
Tag this Judgment!Court : Mumbai
Reported in : 2003(2)ALD(Cri)40; 2003BomCR(Cri)678; 2003(1)MhLj849
..... is no material to show that they are involved in any sort of terrorist activities and as such they seek quashing of the prosecution of the petitioners under prevention of terrorism act, 2002 (hereinafter referred as pota). according to the petitioners, petitioner no. 1 is an investing partner and petitioner no. 2 has working knowledge of business ..... j. 3139. in this case, the apex court was dealing with the expression 'abet' found in section 2(1)(i)(a) of the terrorist and disruptive activities (prevention) act, 1987 (hereinafter referred to as 'tada'). the apex court found that meaning of the wording 'abet' as defined therein was vague and imprecise, and as such 'actual ..... way of illustration wherein the extraordinary power under article 226 or the inherent powers under section 482 criminal procedure code can be exercised by the high court either to prevent abuse of the process of any court or otherwise to secure the ends of justice, though it may not be possible to lay down any precise, .....
Tag this Judgment!Court : Gujarat
Reported in : (2006)3GLR1840
..... discharge under section 227 of the code of criminal procedure (hereinafter referred to as 'the code' for short) and section 33 of the prevention of terrorism act (hereinafter referred to as 'the act' for short) were rejected.2. it may be stated at this stage that in all five accused have preferred applications before the learned special ..... that mahesh showed apprehension when he was produced before the concerned judge for extension of police custody the day before his statement under section 32 of the act was recorded by the officer. he further submitted that as per the present law, except the statement of the accused recorded under section 32, statements of ..... another through 'hawala' transaction in indian currency by receiving it from one thanmal marvadi kaka and this being their routine business for earning more commission, their act should be treated as bona fide. the appellants were not knowing that the money which was being transferred by said thanmal to ahmedabad in the account of .....
Tag this Judgment!Court : Karnataka
..... of great repute, mr. gunaseelan writes that at least, there are three important legislations which provide for preventive detention viz, prevention of crime act, 1959; security offences (special measures) act, 2012; prevention of terrorism act, 2015 and that the federal court of malaysian in rovin joty a/i - 14 - wphc no ..... .55 of 2024 kodeeswaran vs lembeaga pencegahan jenayah, (2021) 2 malayan law journal822 has upheld the validity of the prevention of crime act, 1959 which inter alia provides for preventive ..... - 223 clr575 the list of such exceptions is not treated as exhaustive. (iii) in 2001, canada enacted immigration and refugee protection act which permits preventive detention on the ground of threat to national security. the supreme court of canada in charcharkaoui vs canada, 2007 scc9(can) frowned on .....
Tag this Judgment!Court : Delhi
..... in the decision reported as 206 (2014) dlt578(db) raees-uz-zama & anr. vs. state nct of delhi considering a paramateria provision section 3(5) of prevention of terrorism act, 2002 (pota) held that from the conduct, nature and quantum of recoveries made and the interaction of a2 and a3 therein with a1 without doubt makes them a ..... funds as a terrorist gang to facilitate the commission of a terrorist activity and are thus convicted for the offence punishable under section 17 of the unlawful activities prevention act. h. from the evidence on record it has also been proved beyond reasonable doubt that all the four respondents i.e. bashir ahmed ponnu, fayaz ahmed lone ..... that there may not be any occasion to suspect fair and impartial investigation. in the present case, since the offences under the provisions of the unlawful activities (prevention) act, 1967 were also involved, the investigation was required to be conducted by an officer not below the rank of acp. pw-24 acp sanjeev kumar though a .....
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