Judgment Search Results Home > Cases Phrase: sashastra seema bal act 2007 chapter iv punishments Page 9 of about 2,537 results (0.883 seconds)

Mohammed Ajmal Mohammad Amir Kasab Alias Abu Mujahid and Others Vs. St ...

Court : Supreme Court of India

Reported in : (2012)9SCC1; JT2012(8)SC4; 2012(4)KCCR271(SN); 2012AIRSCW4942; AIR2012SC3565; 2012(7)SCALE553

..... is by no means clear, much less transparent. it is often a difference in degree. the distinction gets thinner if a comparison is made of terrorist acts with the acts aimed at overawing the government by means of criminal force. conspiracy to commit the latter offence is covered by section 121-a.550. this answers mr. ..... or any vital establishment of the state or any important functionaries of the state. the intent to weaken or terrorize the state may render such an act a terrorist act but it would still not satisfy the ingredients of section 121 of the penal code. the learned counsel went on to contend that, in any event ..... planned and everyone was given clear instructions as to what they were supposed to do at their respective targets. all the terrorists, including the appellant, actually acted according to the previous planning. a channel of communication between the attacking terrorists and their handlers and collaborators from across the border, based on advanced computer technology .....

S.P. Gupta Vs. President of India and ors.

Court : Supreme Court of India

Reported in : AIR1982SC149; 1981Supp(1)SCC87; [1982]2SCR365

..... to a determinate class or group of individuals. what results in such cases is public injury and it is one of the characteristics of public injury that the act or acts complained of cannot necessarily be shown to affect the rights of determinate or identifiable class or group of persons: public injury is an injury to an indeterminate ..... learned brother, we are however unable to agree with this argument. the presumption applies only where there is no challenge to the constitutional validity of an official act where an act is found to be per se unconstitutional, the question of raising a presumption does not arise because once it is held, as found in this case, that ..... period of seven years, this was contrary to section 72 of the constitution and the appointment is invalid and that the appointment being non-severable from the main act, the whole act was invalid. the chief justice who presided over the bench held that the word 'appointed' is used in the sense of assignment and the life tenure .....

Standard Chartered Bank and ors. Etc. Vs. Directorate of Enforcement a ...

Court : Supreme Court of India

Reported in : AIR2005SC2622; 2005(4)ALD10(SC); III(2005)BC119(SC); [2005]125CompCas513(SC); (2005)4CompLJ464(SC); 2005(3)CTC39; (2005)195CTR(SC)465; 119(2005)DLT687(SC); 2005(100)ECC457;

..... imposition of fine in lieu of imprisonment. that such requisite legislative changes were introduced in australia, france (penal code of 1992), netherlands (the economic offences act, 1950 and article 51 of the criminal code) and belgium (in 1934 cour de cassation) is already referred to in velliappa.82. we see nothing ..... and corporations can be prosecuted and punished with a sentence which is possible of being imposed on them. the legislature does not intend an impossible act of imposing minimum sentence of imprisonment on companies and corporations which are not natural persons.55. the rule of interpretation requiring strict construction of penal statutes ..... no response from the parliament and again in its 47th report, the law commission in paragraph 8(3) made the following recommendation :'in many of the acts relating to economic offences, imprisonment is mandatory. where the convicted person is a corporation, this provision becomes unworkable, and it is desirable to provide that in .....

N. Sengodan Vs. Deputy Commissioner of Police and Inspector General an ...

Court : Chennai

..... to note that all the three courts below, even when invited to judge the matter in the said perspective, went on to hold that the act/s involved in conviction under section 294 ipc per se established moral turpitude. they should have been sensitive to the changing perspectives and concepts of ..... are statutes which provide that persons who are convicted for certain offences shall incur certain disqualifications. for example, chapter iii of the representation of the people act, 1951, entitled 'disqualifications for membership of parliament and state legislatures' and chapter iv entitled 'disqualifications for voting' contain provisions which disqualify persons convicted of ..... , in paragraphs 8 and 11 observed as follows:8. on behalf of the respondents, it was urged that section 19(4) of the administrative tribunals act, 1985, did not contemplate stay but abatement of proceedings before other authorities once an application was admitted by the central administrative tribunal. by virtue of sub .....

D. K. Abdul Khader and Others Vs. Union of India and Others[Overruled]

Court : Karnataka

Reported in : ILR2001KAR1809; 2001(2)KarLJ534

..... and it is held, that the order passed by the tribunal is illegal, null and void as the tribunal concerned is the creation of and under an act i.e., act no. 51 of 1993 which is and has been held to be ultra vires of the constitution. therefore, that order impugned is null, void and it ..... any existing laws with respect to the matter enumerated in the union list, but that power is the power to establish additional courts and not tribunals and the act i.e., act no. 51 of 1993 clearly declares the legislative intent and does create tribunals, not court, neither article 247 nor residuary article can be applied to save ..... than 10 lac is deprived of the same before thetribunal. provisions are therefore arbitrary and discriminatory. this challenge on behalf of the debtors-petitioners is totally unsustainable. the act 1993 has been introduced as seen from the statement to provide speedy remedy for recovery of debts, since there has been considerable difficulties experienced therefor. the legislature, .....

A.P. Civil Liberties Committee (Apclc) Rep. by Its President, Mr. S. S ...

Court : Andhra Pradesh

Reported in : 2009(1)ALT754

..... petition, by the order dated 30.7.2007 rejected this application since the petitioner did not lodge such a request under the right to information act, 2005 ('rti act'). in this order this court observed that if the petitioners application is not attended to or replied by the concerned authority within a reasonable time, ..... officer concerned cannot claim protection (at the threshold) for interdicting the criminal trial, by recourse to the provisions of section 155 of the customs act, 1962 (the act). according to the state the officer must face the criminal trial where the question of right of private defence, if raised, is to be considered ..... cr.p.c.) records such information and enumerates certain provisions of indian penal code, 1860 (for short 'ipc')/the arms act, 1959 ('the arms act')/the explosive substances act, 1908 ('the e.s. act'). all the enumerated provisions of the substantive law implicate the alleged criminal conduct of private individuals in the transaction. wherever section .....

Senior Citizens' Service Trust and Ors. Vs. Minister for Finance and A ...

Court : Gujarat

Reported in : (2009)2GLR1633

..... board of directors of various public sector banks, provisions contained in section 9(3a) of the banking companies (acquisition and transfer of undertakings) act, 1980 (for short 'the act') were not followed and there was no effective consultation with reserve bank of india, departments of income tax, customs, central excise and ..... persons appointed as non-official directors to various public sector banks and we perused those files.7. the banking companies (acquisition and transfer of undertakings) act, 1980 was enacted to provide for the acquisition and transfer of undertakings of certain banking companies, having regard to their size, resources, coverage and organisation ..... also issued guidelines for selection of part-time non-official director which states that nominations shall be made keeping in view the provisions of the relevant acts/rules and the suitability of nominees may be assessed in terms of formal qualification and expertise, track record, integrity etc., to decide for assessing .....

Vodafone International Holdings B.V. Vs. Union of India (Uoi) and anr.

Court : Mumbai

..... and the smms framework agreement.now it is important to note that centrino, nd callus and smms are all companies incorporated in india under the companies act 1956. the expression "idfc framework agreement" was defined to mean the framework agreement to be entered into between idfc private equity company limited, the ..... from which the taxable income is derived; -(vi) tds provisions which are in the nature of machinery provisions constitute an integrated code under the act of 1961 together with charging provisions. hence, those provisions are not independent of the charging provisions which determine assessability to tax;(vii) whether a ..... to manifest its absurdity. presence, not residence, is the test".(emphasis supplied).117. the law lord observed that the same time, the income- tax acts impose their own territorial limits, since parliament recognizes the almost universally accepted principle that fiscal legislation is not enforceable outside the limits of the territorial sovereignty .....

S.R. Bommai and Others Etc. Etc. Vs. Union of India and Others Etc. Et ...

Court : Supreme Court of India

Reported in : AIR1994SC1918; JT1994(2)SC215; 1994(2)SCALE37; (1994)3SCC1; [1994]2SCR644

..... was amended more than 77 times and article 356 itself was amended six times through the constitution section 38th amendment act; 42nd amendment act: 44th amendment act; 59th amendment act; 64th amendment act and 68th amendment act. apart from the congress party, three non congress political parties were in power at the center during these 44 years ..... when the situation contemplated by article 356 warrants to maintain democratic form of government and to prevent paralysing of the political process. single or individual act or acts of violation of the constitution for good, bad or indifferent administration does not necessarily constitute failure of the constitutional machinery or characterises that a ..... appeal to the electorate is necessary. this is of course, not the position under our constitution. under our constitution, the president has to act and does act in accordance with the aid and advice tendered to him by the council of ministers with the prime minister at its head. there is no .....

Hav. Ved Prakash Sangwan Vs. Union of India

Court : Delhi

Reported in : 2000VAD(Delhi)749

..... and the respondent did not suffer any disqualification. the respondent was prosecuted for an offence under section 10(1) of the central reserve police force act, 1949. the magistrate(ist class) and commandant group centre, crpf, deoli(rajasthan) sentenced him to undergo ri for four months. in view of ..... which provide that persons who are convicted for certain offences shall incur certain disqualifications. for example, chapter iii of the representation of the people act, 1951, entitled 'disqualification for membership of parliament and state legislatures' and chapter iv entitled 'disqualifications for voting' contain provisions which disqualify persons convicted ..... 1961. 17. the learned counsel for the petitioner, mr.j.s.manhas, relied upon the following rulings, while dealing with the scope of section 12 of the probation of offenders act, 1958: 1. 'iqbal singh vs . inspector general of police & others', : air1970delhi240 2. 'union of india & others vs . tulsiram patel', : (1985)iillj206sc 3 .....