Judgment Search Results Home > Cases Phrase: the kerala habitual offenders act 1960 1 Page 5 of about 2,728 results (0.340 seconds)

Mohammed Naseer Alias Attu and anr. Vs. Government of A.P. and anr.

Court : Andhra Pradesh

Reported in : 1992(1)ALT432

..... 1-4-22, ranga nagar, musheerabad, hyderabad is a goonda within the meaning of section 2(g) of the anclhra pradesh prevention of dangerous activities of the andhra pradesh prevention of dangerious activities of boot leggers, dacoits, drug offenders, goondas, immoral traffic offenders and land grabbers act, 1986 and that with a view to preventing him from acting in a manner prejudicial to the maintenance of public order, it is necessary to make an order directing that the said mohd. ..... of the act under which the order of detention was passed which reads as follows:'the government may, if satisfied with respect to any boot legger, dacoit, drug-offender, goonda, immoral traffic offender or land grabber with a view to prevent him from acting in any manner prejudicial to the maintenance of public order, it is necessary so to do, make an order directing that such person be detained. ..... naseer be detained.now, therefore, in exercise of powers conferred upon me by sub-section (2) of section 3 of andhra pradesh prevention of dangerous activities of boot leggers, dacoits, drug offenders, goondas, immoral traffic offenders and land grabbers act, 1986, read with the order of the government of andhra pradesh issued in g.o.rt.no. ..... mad 401 the bench observed that the habitual involvement of the detenu in the commission of offence was nexus to bring him within the definition of 'goonda'.4. ..... state of kerala, : air1982sc1165 ; alijan mian v. .....

Shail Mehboob Ali Vs. the Commissioner of Police, Hyderabad and Secund ...

Court : Andhra Pradesh

Reported in : 1992(2)ALT158; 1991CriLJ1

..... further argued that in order to bring within the ambit of standing order 742, the offence must be by the habitual offender and mere involvement on two occasions cannot be taken cognisance of so as to hold that he was a habitual offender and that those two offences also have ended in acquittal. ..... 489d of that code or (e) habitually commits, or attempts to commit, or abets the commission of offences involving a breach of peace, or (f) habitually commits, or attempts to commit, or abets the commission of - (i) any offence under one or more of the following acts, namely :- (a) the drugs and cosmetics act, 1940 (23 of 1940); (b) the foreign exchange regulation act, 1973 (46 of 1973); (c) the employees' provident funds and family pension fund act 1952 (19 of 1952) (d) the prevention of food adulteration act, 1954 (47 of 1954); (e) the essential commodities act 1955 (10 of 1955); (f) the untouchability (offences) act 1955 (22 of 1955); (g) the customs act 1962 (52 of 1962) or (ii) any ..... state of kerala, : 1981crilj337 : section 110, cr.p.c. .....

Syed JalaluddIn Vs. Government of Andhra Pradesh and ors.

Court : Andhra Pradesh

Reported in : 1992CriLJ3920

..... prevention of dangerous activities of communal offenders act, 1984, hereinafter referred to as 'the act'. ..... the submission of the petitioner is that there is no finding in the order or in the grounds that the detenu was a 'communal offender' as defined in the act. ..... state of kerala : air1982sc1165 the question which fell for consideration was whether a single incident violating the provisions of the conservation of foreign ex-change and prevention of smuggling activities act was sufficient to justify satisfaction necessary to the detaining authority to pass the order of detention on the ground that he would repeat his activity in future also. ..... prevention of dangerous activities act) that a person shall 'by himself or as a member of or leader of a gang, habitually commits or attempts to commit or abets the commission of offence punishable under chapter xvi or chapter xvii or charter xxii of the ipc. ..... ' even assuring that the element of 'habitual' commission is necessary, a single incident viz. ..... the next question to be considered is whether a communal offender shall be a person who commits or attempts to commit or abets or incites to commit the specified offences repeatedly and persistently as if he is a 'habitual' in the matter of commission or attempt to commit such offences. .....

Babu and ors. Vs. Sub-inspector of Police

Court : Chennai

Reported in : 2005(2)CTC436

..... magistrate receives information that there is, within his local jurisdiction a person who -- (e) habitually commits, or attempts to commit, or abets the commission of offences, involving a breach of the peace, or (g) is so desperate and dangerous as to render his being at large without security hazardous to the community, such magistrate may, in the manner hereinafter provided, require such person to show cause why he should not be ordered ..... kerala, , was pointed out, that expressions like 'by habit', 'habitual', 'desperate', 'dangerous', 'hazardous' cannot be flung in the face of a man proceeded against under section 110 with laxity of semantics and that the court must insist on specificity of facts and be satisfied that one swallow does not make a summer and a consistent course of conduct convincing enough to draw the rigorous inference that by confirmed habit, which is second nature, the counter-petitioner is sure to commit the ..... the revenue department, the petitioners continued to indulge in the said illegal activity punishable under the mines and minerals (development and regulation) act, 1957; recently they started threatening all officials lower to the tahsildar for reporting against them; the high court of judicature at madras in the various proceedings directed the district collector, tiruvellore, the revenue divisional officer, ponneri and the tahsildar, ponneri to ensure the stoppage of illicit quarrying of sand from the kosasthalai river; from the ..... habitual offenders .....

Leela Ram Vs. State of Haryana

Court : Punjab and Haryana

..... it is observed that in certain cases if the accused is habitual offender and is found guilty on various counts and it is cra-s-no.819-sb of2007-7- suspected that he would be a menace to the society if let loose, then the term of consecutive sentences should be given. ..... the learned state counsel has argued that the appellant is a habitual offender. ..... l.j.1262, the division bench of the high court was to observe that it can not positively direct as to the circumstances under which a court should normally exercise the discretion to award the sentences concurrently since it is dependent on the facts of each case, the nature or character of the offences committed, the prior criminal record of the offender, his age and sex etc. . 10. ..... the offender being habitual would also be the factor, which can be relevantly taken into consideration. ..... these factors generally would be the nature or character of the offences committed, the prior criminal record of the offender, character, his age and sex etc. ..... 28.08.2006 the appellant was already undergoing imprisonment of ten years awarded to him in case bearing fir no.275 dated 24.06.2001 registered at police station city jind under section 20 of the ndps act, as such the sentence awarded to the petitioner in both the cases be ordered to run concurrently as per provisions of section 427 (1) cr.p.c. ..... state of kerala, 1983 cri. .....

Ramisetty Venkateswara Rao Vs. State

Court : Andhra Pradesh

Reported in : 2004(1)ALD(Cri)918; 2004CriLJ3266

..... of kerala, 1981 cri lj 1170 the kerala high court held that the abkari act does not contain any provision prohibiting the use of the probation principles to an offender convicted under the provisions of that act and directed the release of the accused therein, who was convicted for the offence under section 55 of the abkari act, invoking the provisions of the probation of offenders act.15 ..... punjab, 1976 cri lj 1327 a learned single judge of punjab and haryana high court held that the probation of offenders act is meant for the offenders in whose case, there is likelihood of some reformation, but where the accused are found to be dealing on a large scale in the anti-revenue and illegal activity, it is not a fit case to release the accused under the provisions of the probation of offenders act. ..... state, 1982 cri lj 2246 the delhi high court held that the probation of offenders act can be applied to the persons convicted under the punjab excise act and ordered to release the accused therein, who was an young man with no prior ..... at this stage, learned counsel for the appellant-accused submits that by invoking section 4 of the probation of offenders act, 1958 (for short 'the act'), the appellant may be released on furnishing a bond to be of ..... under sub-section (1) of section 4 of the act any person irrespective of age or sex whether first offender or a habitual offender is eligible to probation in respect of practically all offences excepting those punishable with death or imprisonment .....

Narinderjit Singh Sahni and anr. Vs. Union of India and ors.

Court : Supreme Court of India

Reported in : 2001VIIIAD(SC)499; AIR2001SC3810; 2001(2)ALD(Cri)743; JT2001(8)SC477; 2001(7)SCALE189; (2002)2SCC210; 2002(1)LC178(SC)

..... in this court in paragraph 351 of the report stated: "no doubt, liberty of a citizen must be zealously safeguarded by the courts; nonetheless the courts while dispensing justice i n cases like the one under the tada act, should keep in mind not only the liberty of the accused but also the interest of the victim and their near and dear and above all the collective interest of the community and the safety of the nation so that the public may not loose faith in the system of judicial administration and indulge ..... only been extremely careful but was cautious enough to record therein that the order was passed on the special facts and the circumstances in the issue and the same ought not to be treated as a precedent-on the wake of recording of such a caution and the order being in the specific facts of the matter in issue, question of the same being treated as a judicial precedent would not arise, in any event in the view as noticed herein above, the said orders as a matter of fact have lost its significance. ..... contended that the present petitioner is a habitual criminal offender and is repeatedly changing his name after committing offences and after getting bail, unlike the other writ petitioners ..... the principal grievance of the petitioner being that though in judicial custody for the last 21 months but the petitioner can never be released as the situation presently stands by reason of several production warrants pending in different states like uttar pradesh, rajasthan, kerala, punjab .....

Tamilnadu Kalyana Mandapam Owners Association Vs. Union of India and o ...

Court : Chennai

Reported in : 2001(133)ELT36(Mad); [2002]253ITR250(Mad); (2001)2MLJ629; 2006[2]STR438

..... now, it is true that the speeches made by the members of the legislature on the floor of the house when a bill for enacting a statutory provision is being debated are inadmissible for the purpose of interpreting the statutory provision but the speech made by the mover of the bill explaining the reason for the introduction of the bill can certainly be referred to for the purpose of ascertaining the mischief sought to be remedied by the legislation and the object and purpose for which the legislation was enacted. ..... . therefore, the words 'habitually in arrears' being vague and indefinite, and exercise of the power having been entrusted to an officer not judicially trained to construe the provisions of the act, it would lead to unbridled exercise of power without guidelines, offending article 14 of the constitution ..... learned counsel says that this itself suggests that in 'pith and substance', what is being taken as the basis of the tax is the 'gross amount' charged by the 'mandap keeper', which includes the charges for the use of the mandap, other facilities and also the charges for catering and, therefore, it is clear that in effect, the 'mandap keeper' is being taxed for the food that he has supplied by way of a service and, therefore, such service of food, drink, etc. ..... . stale of kerala, : air1973sc1461 were also approved .....

Pakeer Muhammed Firoskhan Vs. the Asst. Commissioner of Customs and

Court : Kerala

Reported in : 2009(167)LC253(Kerala)

..... in the nature and circumstances of the case where the purity of the gold seized as also the value thereof having not been got ascertained by the prosecution agency in a convincing manner and proved in evidence it is not a fit case where sentence of imprisonment is to be awarded to the petitioner especially when the prosecution has no case that he is a habitual offender engaged in such illegal import of gold and the version of the petitioner is that he has brought it for the marriage of his daughter collecting it from his brother and brother-in- law who were ..... it is contended before me by the learned counsel for the petitioner that though conviction also is assailed in the revision what he actually assails as against the conviction is that the conviction ought to have been under section 135(1)(ii) of the customs act and not under section 135(1)(i) of the customs act as has been found concurrently by the courts below. ..... according to him, ext.p1 valuation certificate in the light of the testimony of pw2 cannot be accepted to enter into a conviction of the petitioner under section 135(1)(i) of the customs act and further that the assessment of purity of the gold biscuits made by pw2 who has no experience in dealing with imported gold is not acceptable as he is not competent to assess the purity of foreign gold which according to him, is much more than the purity of gold available in our country. .....

Subhangi Tukaram Sawant Vs. R.H. Mendonca and ors.

Court : Mumbai

Reported in : 2001ALLMR(Cri)1819; 2001BomCR(Cri)152; (2001)4BOMLR631; 2001CriLJ3745; 2001(3)MhLj580

..... the learned counsel for the petitioners at the outset brought to ournotice the provisions of section 2(b-i) of the maharashtra prevention ofdangerous activities of slumlords, bootleggers and drug-offenders anddangerous persons act, 1981 (hereinafter referred to as 'the act') whichdefines 'dangerous person' as under :-'(b-i) 'dangerous person' means a person, who either by himself, or as a member or leader of a gang, habitually commits, or attempts to commit or abets the commission of any of the offences punishable under chapter xvi or chapter xvii of the indian penal code or any of the offences punishable under chapter v of the arms act, 1959. ..... . but the second respondent filed an affidavit stating that the police administration has definite information about the unlawful activities of the appellant and on such information the respondents reasonably believed that he was a habitual offender indulging in the nefarious trade of forging railway tickets and receipts ..... . the history sheet was referred to in the affidavits, and the respondents swore that from the information at their disposal they reasonably believed the appellant to be a habitual offender ..... state of kerala this court had an occasion to deal with expressions like 'bad habit', 'habitual', 'desperate'. ..... state of kerala, and l.h. .....