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Judgment Search Results Home > Cases Phrase: the police incitement to disaffection act 1922 Court: chennai Page 1 of about 46 results (0.070 seconds)

Aug 01 1947 (PC)

In Re: A.K. Gopalan Nambiar Alias A.K. Gopalan

Court : Chennai

Reported in : AIR1948Mad270; (1947)2MLJ376

..... section 3 of the police (incitement to disaffection) act, 1922, runs as follows:whoever intentionally causes or attempts to cause or does any act which he knows is likely to cause disaffection towards his majesty or the government established by law in british india amongst the members of a police force, or induces or attempts to induce, or does any act which he knows is likely to induce, any member of a police force to withhold his services, or to commit a breach of discipline shall be punished with imprisonment which may extend to six months, or with fine which, may extend to two hundred rupees, ..... of the police (incitement to disaffection) act 1922, and sentenced to rigorous imprisonment for four months by the sub-divisional magistrate, ..... can be no doubt that the general trend of the speech was not only an attack on the police but was also calculated to create disaffection among them against the government and also to incite them to go on strike. ..... my opinion it is not necessary that the words should be addressed directly to the members of the police to attract the application of section 3 of act xxii of 1922. ..... it is obvious that the speaker must have intended that his words should reach the members of the police force so that they may act according to his appeal ..... pressed before me was that the speech was not addressed to the members of the police force and the evidence shows that the only policeman present was p.w. ..... the speech would therefore fall within section 3 of act xxii of 1922 .....

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Feb 05 1941 (PC)

In Re: V.S. Somasundaram

Court : Chennai

Reported in : AIR1941Mad597; (1941)1MLJ464

..... if the speech is read as a whole it is difficult to spell out any incitement to attack or to use force against the police, although it might cause disaffection against them. ..... this speech was certainly not intended, nor was it likely to cause disaffection among the members of the police force, although it might cause disaffection among the public against the police force. ..... the petitioner has been convicted under rule 38 of the defence of india rules for having done a prejudicial act and sentenced to imprisonment till the rising of the court and to a fine of rs. 50.2. ..... it seems to me that the speech of the petitioner did make him guilty of an offence under section 124-a of the indian penal code for sedition; but it was not a prejudicial act within the meaning of rule 34 (6) (b).5. ..... he suggests that they are acting against the workers in the interests of the capitalists. ..... the learned magistrate has not referred in particular to any of these sub-clauses; but has merely said that the speech of the petitioner is a prejudicial act which is punishable under rule 38 (5). ..... many groups of prejudicial acts are described in this rule, but the learned crown prosecutor relies on sub-clauses (b), (c), (d) and (1). ..... the learned magistrate while saying that there was a prejudicial act, does not say why.11. ..... 'prejudicial act' is defined in rule 34 (6). .....

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Sep 29 1992 (HC)

Ramdoss and Others Vs. State of Tamil Nadu and Another

Court : Chennai

Reported in : 1993CriLJ2147

..... person aggrieved by a refusal on the part of an officer in charge of a police station to record the information referred to in sub-section (1) may send the substance of such information, in writing and by post, to the superintendent of police concerned who, if satisfied that such information discloses the commission of a cognizable offence, shall either investigate the case himself or direct an investigation to be made by any police officer subordinate to him, in the manner provided by this code, and such officer shall have all the powers of an officer in charge of the police station in relation to that offence ..... . 167 of the code we have to see as to what are the grounds for seeking the remand, and as to what is the requirement of the satisfaction of the magistrate for making the order of remand, the magistrate to whom the accused is forwarded seeking authorisation for the detention of the accused is informed by the police of the grounds for believing that accusation or information is well-founded or only of the grounds why detention beyond 24 hours is ..... section 13 of unlawful activities (prevention) act, 1967 : whoever takes part in or commits or advocates, abets, advises or incites the commission of any unlawful activities, shall be ..... by words either spoken or written or by signs or by visible representations or otherwise brings or attempts to bring into hatred or contempt or excites or attempts to excite disaffection towards the government established by law in india. .....

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Nov 12 1958 (HC)

In Re: Thirunavukkarasu and ors.

Court : Chennai

Reported in : (1959)2MLJ11

..... if the magistrate is satisfied that an emergency exists and urgent orders are necessary, he can act upon the application of the police officer or upon the sworn testimony of a police prosecutor given in the witness-box or in the form of affidavits. ..... the public tranquillity. ..... but even in the case of proceedings under section 107 reports or complaints by the several prosecution witnesses on various dates regarding the past conduct of the accused and his disposition to use violence, though not substantive evidence of the matters mentioned in them, are admissible under section 157 of the evidence act to corroborate what the witnesses testify in court that the person sought to be bound over is likely to commit a breach of the peace or disturb the public tranquillity or do a harmful act that may probably occasion a breach of the peace or disturb .....

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Nov 12 1958 (HC)

Thirunavukkarasu and ors. Vs. the State

Court : Chennai

Reported in : AIR1959Mad339; 1959CriLJ998; (1959)2MLJ596

..... but this does not mean that he should conduct an enquiry within an enquiry, take evidence of witness on oath and their cross-examination in the usual manner.if the magistrate is satisfied that an emergency exists and urgent orders are necessary, he can act upon the application of the police officer or upon the sworn testimony of a police prosecutor given in the witness-box or in the form of affidavits. ..... of proceedings under section 107 reports or complaints by the several prosecution witnesses on various dates regarding the past conduct of the accused and his disposition to use violence, though not substantive evidence of the matters mentioned in them, are admissible under section 157 of the evidence act to corroborate what the witnesses testify in court that the person sought to be bound over is likely to commit a breach of the peace or disturb the public tranquillity or do a harmful act that may probably occasion a breach of the peace or disturb the public tranquillity. .....

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Jan 25 1966 (HC)

P. Manavala Chetty and Five ors. Vs. P. Ramanujam Chetty and anr.

Court : Chennai

Reported in : (1971)1MLJ127

..... absolute owner, there having been a merger in the same person, the widow, of the ..... the family house is dealt with under the will, the testator's widow became the full and absolute owner of the house under section 14 of the hindu succession act, (xxx of 1956), or that, in any event, with regard to the rest of the interest or right in the house (after carving out a right of residence for the wife), no provision having been made by the testator, the residuary estate vested in the widow as the husband's heir on his death on 12th october, 1915, and again by reason of section 14 of the hindu succession act, she became the .....

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Jan 09 2014 (HC)

1)p.Veerasamy Vs. V.Soundararajan

Court : Chennai

..... 13.on the other hand, the contention of the learned counsel for the respondent/plaintiff is that the oral evidence adduced by the defendants which would amount to contradicting/varying/adding/ subtracting the terms of the written sale agreement is certainly inadmissible as per the provisions of section 91 and 92 of the indian evidence act and the courts below have rightly applied the law and has arrived at the correct conclusion. ..... 735, applied; the provisions of section 92 of the evidence act did not apply in the present case, because the appellant was not attempting to furnish evidence of any oral agreement in derogation of the promissory note but relied on the existence of a collateral agreement in writing the letter and the hypethecation agreement, which formed parts of the same transaction as the promissory note. ..... 12.the main contention of the learned counsel for the appellant/defendants is that the courts below has misunderstood the scope and applicability of section 92 of indian evidence act to the factual aspects of this case and if the oral evidence adduced on the side of the defendants is construed as permissible, then the suit could not have been decreed. ..... the main finding of the trial court was that the plea taken by the defendants was beyond the terms of the agreement and that as per section 92 of the indian evidence act, no oral evidence can be admitted which would be contradictory to the terms of the written agreement. .....

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Mar 29 1904 (PC)

Visalakshiammal Vs. Sivaraman Alias Veeraraghaven, Minor, by Next Frie ...

Court : Chennai

Reported in : (1904)1MLJ310

..... taken as part of the contract for the adoption, was for the minor's benfit ..... seem to indicate that in their lordships' opinion the natural father was not legally incapable of acting as guardian of his son and of making an agreement on his behalf with regard to the property to be acquired by the adoption if that is the true position, then the question in each case would be whether the agreement so made by the natural father should or should not be upheld and t.his i take it, would depend on whether the agreement in regard to the property was in itself a fair and reasonable one and one which ..... such arrangement for maintenance may be made independently of any partition and would be an act within the scope of the father's paternal authority under the law and the circumstance that the father refrains from exercising his paternal authority to the fuller extent of effecting a partition could not, in reason, detract from the validity of the arrangement made merely in respect of the maintenance of those who have a right thereto. .....

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Sep 29 1967 (HC)

T. S. Rajam Vs. Controller of Estate Duty, Madras.

Court : Chennai

Reported in : [1968]69ITR342(Mad)

..... the assistant controller was of the view that the sale was a disposition in favour of relatives within the meaning of section 27 of the act and was also of the view that the estate has to be re-evaluated taking into consideration the value of the shares as on the date of death of the deceased on the ground that such property should be deemed to have passed on the death of the deceased under section 27 read with section 9 of the act. ..... swaminathan, learned counsel for the applicant, that the sanction of the board was not obtained by the officer before the initiated proceedings to rectify the records under section 62 of the act, it was not pressed before us, as apparently such sanction was indeed obtained.we may, at the outset, note the history of the legislation and the scheme of the estate duty act, 1953, in so far as the questions referred to us are concerned. ..... act or of the omission of any property, the estate duty paid thereon is either in excess of or less than the actual duty payable, he may, either on his own motion or on the application of the person accountable and after obtaining the previous approval of the board, at any time within three years from the date on which the estate duty was first determined -(a) refund the excess duty paid, or, as the case may be,(b) determine the additional duty payable on the property :provided that where the person accountable had fraudulently underestimated the .....

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Jun 21 1974 (HC)

M. Kesava Gounder (Died) and ors. Vs. D.C. Rajan and ors.

Court : Chennai

Reported in : (1976)1MLJ56

..... they would also state that they have placed an order for making the statute and thus made out a case that the entire trust was acted upon from the time when it was drawn up and the first and the second defendants were also parties to such acts of commission on the part of the managing trustee in the matter of the enforcement of the objects of the trust and the preservation of the trust properties. ..... it is said that in or about the year 1955 under exhibit a-2 dated 23rd august, 1955, the first defendant purported to cancel the trust deed exhibit a-1 on the ground that the trust was never intended to be acted upon, nor did he ever intend to erect a statue for his father and that he signed the trust deed exhibit a-1 at the behest and provocation of his father and the trust-deed itself is the result of the persuasion made by the plaintiffs and the influential hand they had over his father. ..... or mode for the course of his benefaction the court cannot innovate and undo, but where a general charitable goal is projected and particular objects and modes are indicated the court, acting to fulfil the broader benevolence of the donor and to avert the frustration of the good to the community, reconstructs, as nearly as may be, the charitable intent and makes viable what otherwise may die.with utmost respect we adopt this reasoning to the bequest in favour of students to gain a scholarship from the estate of the first defendant. .....

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