Judgment Search Results Home > Cases Phrase: unlawful activities prevention act 1967 Page 1 of about 15,830 results (0.130 seconds)

Zameer Ahmed Latifur Rehman Sheikh, Vs. the State of Maharashtra throu ...

Court : Mumbai

Reported in : 2008(1)ALLMR391; 2007(6)BomCR294

..... subsequently pota was repealed on account of its misuse and unlawful activities prevention (amendment) act, 2004 was enacted and incorporated in the unlawful activities prevention act, 1967 (for short, 'uapa 1967') ..... sebastian also contended that part of section 2(1)(e) of the mcoca with respect to 'promoting insurgency' and the allied sections of the mcoca to the extent they concern 'promoting insurgency' are in conflict with the uapa, 1967 as amended by unlawful activities (prevention) amendment act, 2004 and, hence, they are repugnant to the said provisions and may be declared to be so ..... since the stress is on the offence of 'promoting insurgency' found in section 2(1)(e) of the mcoca and 'terrorist act' or 'terrorism' as defined in the uapa, 1967 as amended by the unlawful activities (prevention) amendment act, 2004, it is necessary to understand the meaning of these terms. 40 ..... they deal with the same subject and as per article 254, the unlawful activities (prevention) amendment act, 2004 which was incorporated in uapa 1967 must prevail over the mcoca so far as insurgency is concerned ..... . it is also contended that as per article 254, the unlawful activities (prevention) amendment act, 2004 which was incorporated in the uapa, 1967 must prevail over the mcoca so far as insurgency is concerned. ..... . it is, therefore, necessary to examine whether unlawful activities (prevention) amendment act, 2004 incorporated in uapa, 1967 is repugnant to the mcoca so far as it refers to insurgency. .....

Sou.Sundaramoorthi Vs. the Commissioner of Police and ors.

Court : Chennai

..... disruptive activities, 1989, section 10 of the unlawful activities (prevention ) act 1967, ..... a banned organization by the central government under the unlawful activities (prevention) act, 1967. ..... "14.as seen from the above, the supreme court also dealt with section 10 of the unlawful activities (prevention) act and held that mere support to a banned organization will not by itself can become an offence.15.in the light of the above factual matrix and the legal precedents set out above, ..... 3 (5) of tada or section 10 of the unlawful activities (prevention) which on their plain language make mere membership of a banned organization criminal have to be read down and we have to depart from the literal rule of interpretation in such cases, otherwise these ..... scale 210 = 2011 air scw 976, once again referred to several other us supreme court judgments and quoted with approval in interpreting section 3(5) of the terrorist and disruptive activities (prevention) act, 1987. ..... join an organization but do not share its unlawful purpose and who do not participate in its unlawful activities surely pose no threat, either as citizens ..... any way to the unlawful activities of the association is punishable ..... supreme court held that a member of a communist organisation could not be regarded as doing an unlawful act by merely obtaining employment in a defence facility.15.we respectfully agree with the above decisions, and are of the opinion that they apply to india too, as our fundamental rights are similar to .....

Deendar Anjuman Represented by Its Secretary, Syed Siddique HussaIn Vs ...

Court : Andhra Pradesh

Reported in : 2001(2)ALD(Cri)373; 2001(4)ALT674; 2002CriLJ710

..... the notification issued by the government of india under proviso to section 3(3) of the unlawful activities (prevention) act, 1967 (for short 'the act') vide notification s.o.no.373 (e), ministry of home affairs, government of india, published in the gazette of india, extraordinary on 28-4-2001 is ..... of the powers conferred by sub-section (1) of section 3 of the unlawful activities (prevention) act, 1967 (37 of 1967), the central government hereby declares deendar anjuman to be an unlawful association;16. ..... constitution of the tribunal known as 'unlawful activities (prevention) tribunal'.12. ..... (f) 'unlawful activity', in relation to an individual or association, means any action taken by such individual or association (whether by committing an act or by words, either spoken or written, or by signs or by visible representation or otherwise),- (i) which is intended, or supports any claim, to bring about, on any ground whatsoever, the cession of a part of the territory of india or the secession of a part ..... government is also of the opinion that having regard to the activities of deendar anjuman as mentioned above, it is necessary to declare it as an unlawful association with immediate effect, and accordingly, in exercise of the powers conferred by the proviso to sub-section (3) of section 3, the central government hereby directs that this notification shall, subject to any order that may be made under section 4 of the said act, have effect from the date of its publication in the .....

Union of India (Uoi) (Central Government) Vs. Students Islamic Movemen ...

Court : Delhi

Reported in : 99(2002)DLT147; 2002(63)DRJ563

..... orderthis order will answer the reference under section 4(1) of the unlawful activities (prevention) act, 1967 (hereinafter referred to as 'the act').1. ..... took a decision to ban simi, declaring it to be an unlawful organisation under sub-section (1) of section 3 of the unlawful activities (prevention) act.15. ..... the notification was accompanied by a resume of facts and grounds on the basis of which the said notification was issued, as required by rule 5 of the unlawful activities (prevention) rules, 1968 (hereinafter referred to as 'the rules').3. ..... issue is whether simi is an 'unlawful association' as defined under clause (g) of section 2 of the act, which reads:2(g) 'unlawful association' means any association: (i) which has for its objects any unlawful activity, or which encourages or aids persons to undertake any unlawful activity, or of which the members undertake such activity; or (ii) which has for its object any activity which is punishable under section 153a or section 153b of the indian penal code, or which encourages or aids persons to undertake any such activity, or of which the members undertake ..... thereforee, in ultimate analysis, it would be a question of fact to be examined whether the material available before the government and placed before the tribunal is sufficient to hold the association as an unlawful association or to hold that the activities alleged are unlawful activities or not, as defined in sub-section (f) and (g) of section 2 of the act.24. .....

P.Pugalenthi, Co-ordination Secretary, Tamil Nadu People Rights Forum. ...

Court : Chennai

..... appears that the first respondent union of india issued a notification dated 17th may, 2010 under section 3(1) and proviso to section 3(3) of the unlawful activities (prevention) act, 1967 (act 37 of 1967) (hereinafter referred to as the act) declaring the liberation tigers of tamil eelam (in short ltte) as an unlawful association. ..... on resumption of proceedings, a petition under section 4(3) of the unlawful activities (prevention) act, 1967 (hereinafter referred to as the act) had been moved by mr.m.radhakrishnan on behalf of tamil nadu peoples rights forum which admittedly is not a registered ..... the unlawful activities (prevention) tribunal rejecting the petition filed by the petitioner under section 4(3) of the unlawful activities (prevention) act, 1967 (in short the act)3. ..... a perusal of sub-section (8) of section 8 of the act, it is manifestly clear that any person aggrieved by the notification issued in respect of a place under sub-section (1) or by an order made under sub-section (3) of sub-section (4) may, within 30 days from the date of the notification or order, make an application to the court of the district judge for declaring that the place has not been used for the purpose of unlawful association, and the court of district judge ..... 3 of the act empowers the central government to declare any association to be unlawful by issue of notification in the official gazette, if the central government is of the opinion that such an association has become an unlawful association. .....

Sayed Mohd. Ahmed Kazmi Vs. State, Gnctd and ors.

Court : Supreme Court of India

..... the case involved interpretation of the provisions of the national investigation agency act, 2008, the code of criminal procedure, 1973 and the abovementioned unlawful activities (prevention) act, 1967. ..... the provisions of section 167(2) of the code were modified by virtue of section 43d of the unlawful activities (prevention) act, 1967. ..... 18 of the unlawful activities (prevention) act, 1967.6. ..... court modified its earlier order and directed the chief metropolitan magistrate to extend the remand of the accused and to take cognizance of offences under the unlawful activities (prevention) act, 1967. ..... question whether the court of the chief metropolitan magistrate was competent to remand the accused beyond 15 days for offences under the provisions of the unlawful activities (prevention) act, 1967. ..... the learned additional solicitor general submitted that it had been held by the constitution bench that in matters relating to the terrorist and disruptive activities (prevention) act, 1987, default in completion of investigation within 180 days gave the accused an indefeasible right to bail, but the time of default continues ..... accused beyond the said period of ninety days, extend the said period up to one hundred and eighty days: provided also that if the police officer making the investigation under this act, requests, for the purposes of investigation, for police custody from judicial custody of any person in judicial custody, he shall file an affidavit stating the reasons for doing so and .....

R.K. Krishna Kumar Vs. State of Assam and ors.

Court : Supreme Court of India

Reported in : AIR1998SC530; 1998(2)ALD(Cri)113; 1998(1)ALT(Cri)107; [1998]92CompCas14(SC); 1998CriLJ848; 1997(4)Crimes388(SC); JT1997(9)SC709; 1997(7)SCALE442; (1998)1SCC474; [1997]Supp6

..... ) lodged by the superintendent of police, special operation unit (sou), assam, a case under sections 120b, 121, 121-a and 122 of the indian penal code and 10 and 13 of the unlawful activities (prevention) act, 1967 ('act' for short) was registered by the sou police station. ..... to ascertain the nature of offences envisaged under sections 10 and 13 of the act, it would be necessary to first refer to the definition of 'unlawful activity' in section 2(f) of the act which reads as under :''unlawful activity', in relation to an individual or association, means any action taken by such individual or association (whether by committing an act or by words, either spoken or written, or by signs or by visible representation or otherwise), -(i) which is intended, or supports any claim, to bring about, or any ground whatsoever, the cession of a part of the territory of india or the secession of a part of the territory ..... however, when those material allegations leveled against the appellants are considered vis-a-vis the 'unlawful activities' envisaged under the act it cannot be said that they are liable for an offence under section 13 of the act, much less the aforesaid offences under the indian penal code. ..... raids and searches of the hide-outs of the militants has put the investigating agency at serious handicap in being able to discover the extent and manner of the involvement of the employees of the tata tea company in 'unlawful activities' within the meaning of the act. .....

Indian National Congress (i) Vs. Institute of Social Welfare and ors.

Court : Supreme Court of India

Reported in : AIR2002SC2158; JT2002(Suppl1)SC398; 2002(2)KLT548(SC); (2002)3MLJ164(SC); 2002(4)SCALE627; (2002)5SCC685; [2002]3SCR1040

..... obtained its registration by playing fraud on the commission, secondly it arises out of sub-section (9) of section 29a of the act and thirdly, any like ground where no enquiry is called for on the part of the election commission, for example, where the political party concerned is declared unlawful by the central government under the provision of the unlawful activities (prevention) act, 1967 or any other similar law.35 ..... case would be where a registered political party is declared unlawful by the central government under the provisions of unlawful activities (prevention) act, 1967 or any other similar law ..... as district level, thana or block level), village level, and the like);(g) the political principles on which it is based;(h) the policies, aims and objects it pursues or seeks to pursue;(i) its programs, functions and activities for the purpose of carrying out its political principles, policies, aims and objects;(j) its relationship with the electors and popular support it enjoys, and tangible proof, if any, of such relationship and support;(k) whether ..... writ petitioners before the high court was that by holding a hartal and enforcing it by force, threat and coercion, there is the performance of an unconstitutional act and one of the clear and definite ways of preventing such unconstitutional activity on the part of political parties registered under the representation of the people act is to take steps for their de-registration on the ground of violation of the constitution of india.4. .....

State of MaharashtrA. Vs. Kamal Ahmed Mohammed Vakil Ansari and ors.

Court : Supreme Court of India

..... under sections 302, 307, 324, 325, 326, 327, 427, 436, 120b, 121-a, 122, 123, 124a, 201, 212 indian penal code, 1860, read with sections 3(1)(i), 3(2), 3(3), 3(4), 3(5), the mcoca, read with sections 10, 13, 16, 17, 18, 19, 20, 40 of unlawful activities (prevention) act, 1967, read with sections 6, 9b of the explosives act, 1884, read with sections 3, 4, 5, 6 of the explosive substances act, 1908, read with sections 3, 4 of the prevention of damage to public property act, 1984, read with sections 151, 152, 153, 154 of the railways ..... accused-respondents were also charged with offences under the indian explosives act, the prevention of damage to public property act, the offences under the indian railways act and the offences punishable under the unlawful activities (prevention) act, 1967. ..... answering the question extracted above, this court first examined whether the confession relied upon, had been recorded in accordance with the provisions of the terrorist and disruptive activities (prevention) act, 1987 (hereinafter referred to as, the tada). ..... additionally, since a confessional statement is to be used principally as against the person making it, the maker of the confession will have an opportunity to contest the same under section 31 of the evidence act, not only by producing independent evidence therefor, but also, because he will have an opportunity to contest the veracity of the said confessional statement, by effectively cross-examining the witness produced to substantiate the .....

Union of India (Uoi) Vs. Rashtriya Swayamsewak Sangh and anr.

Court : Supreme Court of India

Reported in : (1993)4SCC23

..... the relevant part of section 3 of the unlawful activities (prevention) act, 1967, is as follows:3. ..... section 4, confirmed the declaration made therein and the order is published in the official gazette:provided that if the central government is of opinion that circumstances exist which render it necessary for that government to declare an association to be unlawful with immediate effect, it may, for reasons to be stated in writing, direct that the notification shall, subject to any order that may be made under section 4, have effect from the date of its publication in the official ..... (1) if the central government is of opinion that any association is, or has become, an unlawful association, it may, by notification in the official gazette, declare such association to be unlawful. .....