Judgment Search Results Home > Cases Phrase: the kerala antisocial activities prevention act 2007 Page 9 of about 4,344 results (0.447 seconds)

Manjit Singh @ Mange and ors. Vs. Cbi

Court : Supreme Court of India

..... saini and mange are both acquitted of charges under sections 3(2) and 3(3) read with section 3(1) of the terrorist and disruptive activities (prevention) act, 1987 [hereinafter referred to as, "tada act"]. ..... while considering the question whether the procedural law is oppressive and violates the principles of just and fair trial offending article 21 of the constitution and is discriminatory violating the equal protection of laws offending article 14 of the constitution, and therefore, whether section 15 of the tada act needs to be struck down, this court held section 15 of the tada act stands good on the test of constitutional validity as the classification of offenders and offences to be tried by the designated court under the tada act or by the special courts under the act of 1984 are not left to the arbitrary ..... sanjay thekaram, (2007) 3 scc 755]. ..... state of karnataka, (2007) 12 scc 288; state of goa v. .....

A.Subash Babu Vs. State of A.P. and anr

Court : Supreme Court of India

Reported in : AIR2011SC3031

..... state (1998) 3scc 38, even in absence of an appeal by government specifically for that purpose and in absence of revisional power as is available to high court and sessions court, under criminal procedure code, this court held that the supreme court has power under article 142 read with section 19 of the terrorist and disruptive activities (prevention) act, 1987 to enhance the sentence for doing complete justice in the matter that in reportable the circumstances of the case appeared to it, to be too inadequate. ..... in short, the result of obtaining the assent of the president to a state act which is inconsistent with a previous union law relating to a concurrent subject would be that the state act will prevail in that state and overrule the provisions of the central act, in that state.in view of the above settled legal position, this court has no doubt that the amendment made in the first schedule to the code of criminal procedure, 1973 by the code of criminal procedure (andhra pradesh second amendment) act, 1992, shall prevail in the state of andhra pradesh, notwithstanding the fact ..... 2007 (1) ald (crl.) 13 (a.p. .....

Smt. Santosh Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Reported in : 1998CriLJ612; 1998(1)WLC90; 1997(2)WLN375

..... . the forfeiture of property of persons convicted by designated court under terrorists and disruptive activities (prevention) act, 1985 were held not violative of provisions of articles 14 and 21 of the constitution of india in the case of kartar singh v ..... . the words 'is not guilty of such offence' as a condition for grant of parole under terrorists and destruptive activities (prevention) act, 1985 were held not violative of article 21 of the constitution in the case of sanjay dutt v ..... and preparations of psychotropic substances, illegal import into india, export from india or punishment of narcotic drugs and psychotropic substances, external dealings in narcotic drugs and psychotropic substances in contravention of section 12 and use of the premises for commission of offence under the act or in contravention of the orders made under section 9a have been provided with rigorous imprisonment punishment which is not to be less than 10 years and may extend to 20 years and with fine of not less than rs. ..... . state 1992 (1) crimes 1221 (fb), it was held by the kerala high court that the high court has no power to suspend the sentence passed on an accused convicted of an offence under the ndps act, during the pendency of his appeal or revision, unless it relates to the offence under section 27 of the act .....

Mansoor S/O Kasim Mulla Vs. Guddu Saheb Ibrahim Mugale and Maharashtra ...

Court : Mumbai

Reported in : 2010(112)BomLR2207

..... for example, where the political party concerned is declared unlawful by the central government under the provisions of the unlawful activities (prevention) act 1967 or any other similar law.33. ..... in view of the observations of the apex court in the judgments referred supra, as the ceo is a quasijudicial authority and passed the order which has decided rights of the parties and it is concluded that this order was obtained by playing fraud, then though there is no express provision under the wakf act that the ceo is empowered to review / recall his own order, yet considering the view taken by the apex court, it cannot be said that the order dated 01.12.2007 is passed without jurisdiction. ..... (2) in exercising the powers of giving directions under sub-section (1) in respect of any wakf, the board shall act in conformity with the directions by the wakf in the deed of the wakf, the purpose of wakf and such usage and customs of the wakf as are sanctioned by the school of muslim law to which the wakf belongs. ..... it appears that while registering the said wakf, aims and objects as well as scheme of the said wakf was also submitted with the wakf board.ii) it is alleged by the applicant that after the said wakf was registered on 27th june 2007 with the wakf board, election of the members of the managing committee was held on 6th july 2008. ..... mammen mammen 1955 kerala law times 459. .....

Master Cables Pvt. Ltd. Vs. State of Kerala and anr.

Court : Supreme Court of India

Reported in : (2007)210CTR(SC)86; [2008]296ITR8(SC); 2007(3)KLT408(SC); 2007(7)SCALE1; (2007)5SCC416; (2007)7VST355(SC); 2007AIRSCW3165

..... therefore, it is admitted that the above cited case is different from the present case as in the case in hand the detention order was issued under the cofeposa act against the petitioner with objective to prevent to the nefarious activities in future. ..... it is registered under the kerala general sales tax act, 1963 (for short 'the act'). ..... before we embark upon the contentions raised by the appellant, we may notice that by an order dated 15.01.2007, this court observed:the question which inter alia arises for consideration in this petition is as to whether by reason of sub-section (3) of section 90 of the kar vivadh samadhan scheme, 1998, as contained in the finance act, 1998, the state legislation relating to the imposition of the sales tax by re-opening an assessment under the state sales tax laws shall be affected or not, having regard to article 246 of the constitution of india. ..... legality of a notice issued by the deputy commissioner of commercial taxes, kollam vis--vis the provisions of the kar vivad samadhan scheme, 1998 (for short 'the scheme') framed under the finance act, 1998 is in question in this appeal which arises out of a judgment and order dated 3.08.2006 passed by a division bench of the kerala high court.3. ..... appellant filed an appeal before the kerala sales tax appellate tribunal. .....

Peekay Re-rolling Mills (P) Ltd. Vs. the Assistant Commissioner and an ...

Court : Supreme Court of India

Reported in : 2007(2)KLT704(SC); 2007(5)SCALE96; (2007)4SCC30; 2009[13]STR305; 2007(1)LC455(SC); 2007AIRSCW3355; JT2007(4)SC589

..... the court observed that:in our opinion, the kerala high court has correctly construed section 5a of the kerala act which is in pari materia with the impugned section 7a of the madras act. ..... this case involved the interpretation and validity of section 7a of the madras general sales tax act, 1959 which is in pari materia to section 5a of the kerala general sales tax act, 1963. ..... the notice further stated that the ingots purchased were goods liable to tax under the state act and since the supply of such ingots did not suffer any tax at the time of sale due to the exemption notification under section 10(1) of the state act, purchase turnover of the ingots during the year and consumed in the manufacture by the appellant attracted liability to tax under section 5a of the state act. ..... the court observed as follows:pausing here for a minute, it may be stated that the attack, regarding the validity of some of the provisions of the act, by the appellant, is rested on section 15(a) of the central act, on the ground that such a levy of purchase tax, regarding cotton, is neither definite nor ascertainable in the act and that, as the provisions now stand, there is a possibility of the tax being levied at more than one stage.... ..... it is a registered dealer under the kerala general sales tax act, 1963 (for short 'the state act'). ..... the main object of section 5a of the state act is to plug leakage and prevent evasion of tax. .....

Classic Spices Pvt. Ltd. Vs. State of Kerala

Court : Kerala

Reported in : (2009)26VST526(Ker)

..... the revision petitions are filed by the assessee challenging the order of the sales tax appellate tribunal, where-under the tribunal confirmed the validity of suo motu revisional orders issued by the deputy commissioner of commercial taxes under section 35 of the kerala general sales tax act, 1963 directing revision of original assessments completed by the assessing officer for the assessment years 1997-98 and 1998-99. ..... commissioner has authority under section 35 to revise even a revised assessment issued under section 19(1) and so much so, while considering evasion of tax or escapement of assessment of turnover, it will be open to the deputy commissioner to consider the validity of the revised order which was issued by the assessing officer for the very same year and if he finds that such order is unsustainable on account of limitation or for other reason, he is free to declare such order as illegal and invalid and then proceed to consider ..... it is the settled position that the powers conferred on the assessing officer under section 19(1) and powers of the deputy commissioner under section 35 are for the very same purpose of preventing escapement of assessment of any turnover or otherwise to prevent evasion of tax. ..... , which does not involve any manufacturing activity. .....

State of Kerala and anr. Vs. Peoples Union for Civil Liberties, Kerala ...

Court : Supreme Court of India

Reported in : JT2009(9)SC573; 2009(10)SCALE25; (2009)8SCC46

..... -(1) notwithstanding anything contained in section 6 or in the kerala government land assignment act, 1960 (30 of 1960) and the rules issued thereunder, the government shall assign land to the landless families of the scheduled tribes in the state, an extent not exceeding forty ares of land in the district they reside within a period of two years from the date of publication of this act in the gazette, or such further period as may be specified by government by notification in the gazette, and in the manner as may be prescribed. ..... arrangements shall be made to prevent persons who are not members of the populations concerned from taking advantage of these customs or of lack of understanding of the laws on the part of the members of these populations to secure the ownership or use of the lands belonging to such members.156. ..... as regards the question of necessity to balance the loss of forest because of activities carried on therein and construction of a dam, it was held:242. ..... furthermore, the united nations adopted a declaration on the rights of indigenous peoples in september, 2007. .....

Fantacy Sales Corporation Vs. Sales Tax Inspector and ors.

Court : Kerala

Reported in : [2007]8STT33; (2007)7VST323(Ker)

..... the relevant portion of the said circular reads as follows:in exercise of the powers conferred by clause (c) of sub-section (2) of section 3, read with sub-section (16a) of section 47 of the kerala value added tax act, 2003, the undersigned, having considered it necessary to prevent evasion of tax in respect of the following evasion-prone commodities, order that tax in respect of the estimated sales turnover shall be collected at the check-posts at the time of import into the state at the rates specified against each commodity below:si. no. ..... another rule of equal importance is that laws relating to economic activities should be viewed with greater latitude than laws touching civil rights such as freedom of speech, religion, etc. ..... on the strength of the above circulars, two consignments of the petitioner were detained at the check-posts and it was called upon to pay tax in advance, by issuing exhibits p3 and p4 notices dated january 19, 2007 and january 22, 2007, respectively. ..... state of kerala [2007] 7 vst 293, is absolutely baseless. ..... 411 of 2007, which is one of the writ petitions, which are disposed of by this common judgment. ..... 2844 of 2007 is treated as the main case.w.p. (c) no. ..... 2844 of 2007, these writ petitions are also dismissed. ..... state of haryana [2007] 5 vst 26 (p&h;). ..... , 6297, 6409, 6424, 6437, 6622, 6646, 6651, 6752, 6816, 6823, 6824, 6852, 6855, 6982, 6985, 6992, 6997, 7005, 7173, 7174, 7175, 7329, 7334, 7346, 7545, 7550, 7661, 7733 and 7738 of 2007.26. ..... 2844 of 2007:2. .....

V.K. Ashokan Vs. Asstt. Excise Commnr. and ors.

Court : Supreme Court of India

Reported in : 2009(164)LC1(SC); JT2009(5)SC104; 2009(4)SCALE225; 2009(3)LC1329(SC)

..... the term 'board of revenue' is defined by rule 2(e) to mean the board of revenue, kerala constituted under the kerala board of revenue act, 1957.rule 3 empowers the state to take policy decisions for grant of privilege for any period in all or any of the independent shops within the tracts or taluks to be notified in the gazette by way of public auction shop by shop or in lot or lots, inter alia, by the collectors of the ..... interpretation of the provisions of the kerala abkari act (for short, 'the act') and the rules framed thereunder known as the kerala abkari shops (disposal in auction) rules, 1974 (for short, 'the rules') is the question involved ..... also referred to section 26 of the kerala abkari act and submitted that only commissioner has got the power to cancel the licence and the cancellation of the licence by assistant commissioner was without ..... revenue recovery proceedings were initiated under section 7 of the kerala revenue recovery act on 11.3.1998 asking the appellants to remit the amount mentioned therein with interests as arrears in respect of toddy ..... expansion of welfare and social service functions, increasing control of material and economic resources and large scale assumption of industrial and commercial activities by the state, the power of the executive government to affect the lives of the people is steadily growing. ..... necessary to structure and restrict the power of the executive government so as to prevent its arbitrary application or exercise. ..... (2007)1scc228 .....