Judgment Search Results Home > Cases Phrase: unlawful activities prevention act 1967 central section 39 offence relating to support given to a terrorist organisation Page 1 of about 449 results (0.209 seconds)

Dr.Subramanian Swamy Vs. Director, Cbi and anr.

Court : Supreme Court of India

..... act, 2006, section 50 of the prevention of terrorism act, 2002, section 12 of the suppression of unlawful acts against safety of maritime navigation and fixed platforms on continental shelf act, 2002, section 23 of the maharashtra control of organised crime act, 1999, section 45 of the unlawful activities (prevention) act, 1967, section 20-a of the terrorist and disruptive activities (prevention) act, 1987, section 137 of the customs act, 1962, section 11 of the central sales tax act, 1956, section 7 of the explosive substances act, 1908, section 20 of the prevention of food adulteration act, 1954, section 23 of lokpal and lokayuktas act, 2013, section 11 of cotton ginning and pressing factories act, 1925, section 12 of andhra pradesh land grabbing (prohibition) act, 1982, section ..... offence alleged to have been committed under the prevention of corruption act, 1988 (49 of 1988) except with the previous approval of the central government where such allegation relates to- (a) the employees of the central government of the level of joint secretary and above; and (b) such officers as are appointed by the central government in corporations established by or under any central act ..... the court will not strike down the law out of hand only because no classification appears on its face or because a discretion is given to the government to make the selection or classification but will go on to examine and ascertain if the statute has laid down any ..... attorney general to support inclusion within .....

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

Court : Supreme Court of India

..... the alleged offences were later amended to cover sections 16 and 18 of the unlawful activities (prevention) act, 1967.6. ..... 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 till the filing of the challan, but does not survive thereafter. ..... appellants application for grant of statutory bail could not, therefore, be taken up by the additional sessions judge till the high court on 13th july, 2012, vacated the stay in respect of the proceedings in cr no.86 of 2012, subject to an undertaking to be given that the question of law involved would not be agitated and the revision would be restricted only to the factual aspects of the case. ..... proceedings pending before the learned additional sessions judge, central-ii, delhi, in cr no.86 of 2012, were also stayed till the next date of hearing and the matter was directed to be listed on 9th october, 2012. ..... appearing in support of the appeals, mr. ..... in support of his submissions, the learned additional solicitor general referred to the constitution bench decision of this court in the case of sanjay dutt (supra), wherein the aforesaid proposition of law was considered. ..... in support of his submissions, mr. .....

Vijay Madanlal Choudhary Vs. Union Of India

Court : Supreme Court of India

..... act, 1954; (vii) section 10c of the essential commodities act, 1955; (viii) section 138a of the customs act, 1962; (ix) section 43e of the unlawful activities (prevention) act, 1967; (x) section 98-b of the gold (control) act, 1968; (xi) section 57 of the wild life (protection) act, 1972; (xii) section 18 of the foreign exchange regulation act, 1973; (xiii) sections 35 and 54 of the narcotic drugs and psychotropic substances act, 1985; (xiv) sections 3c and 3d of the epidemic diseases act, 1897; (xv) section 21 of the terrorist and disruptive activities (prevention) act, 1987; (xvi) section 20 of the prevention of corruption act, 1988; and (xvii) sections 29 and 30 of the protection of children from sexual offences act ..... 39 offence relating to support given to a terrorist organisation. ..... dealing with analogous provision 617 central legislations:- section 36ac of drugs and cosmetics act, 1940; section 51a of the wild life (protection) act, 1972; section 6a of the suppression of unlawful acts against safety of civil aviation act, 1982; section 15 terrorist affected areas act (special courts), 1984; section 37 of the narcotic drugs and psychotropic substances act, 1985; section 20 of the terrorist and disruptive activities (prevention) act, 1987; section 8 of the suppression of unlawful acts against safety of maritime navigation and fixed platforms on continental shelf act, 2002; section 212 of the companies act, 2013; and section 12 of the anti-hijacking .....

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

..... section 3(1) of the unlawful activities (prevention) act, 1967 (37 of 1967), the government of india banned several alleged communal organisations ..... evaluating the constitutional mechanism and exploring the whole realm of constitutional imperatives as envisaged by the founding fathers of the indian constitution on central-state relations and throwing abundant light on the controversial role of state governors inviting president's rule and the mode by which the union cabinet ..... no alternative but to make a report to the president under article 356....as a general proposition, it may be stated that, as far as possible, the verdict as to majority support claimed by a chief minister and his council of ministers should be left to the legislature, and that it is only if a responsible government cannot be maintained without doing violence ..... of any railway, costs have been incurred in excess of those which would have been incurred in the discharge of the normal duties of the state if such directions had not be given, there shall be paid by the government of india to the state such sum as may be agreed, or in default of agreement, as may be determined by an arbitrator appointed ..... dealing with the grant of pardons, reprives, respites, remissions of punishments or suspensions, remissions or commutations of sentences of any person convicted of any offence falls squarely within the judicial domain and can be examined by the court by way of judicial review however, the order of the president cannot .....

Asim Shariff Vs. National Investigation Agency

Court : Karnataka

..... of banned terrorist : organization inference therefrom held, mere membership of a banned organization will not make a person criminal unless he resorts or incites people to violence or creates public disorder by violence or incitement to violence terrorist and disruptive activities (prevention) act, 1987 s.3(5) unlawful activities (prevention) act, 1967, s.10.-. ..... terrorist organization with intention to further its activities, commits an : offence relating to membership of a terrorist organization; provided that this sub section shall not apply where the person charged is able to prove (a) that the organization was not declared as a terrorist organization at the time when he became a member or began to profess to be member; and (b) that he has not taken part in the activities of the organization at any time during it inclusion in the schedule as a terrorist ..... terrorists and terrorist organizations, to freeze the assets and other economic resources, to prevent the entry into or the transit through their territory, and prevent the direct or indirect supply, sale or transfer of arms and ammunitions to the individuals or entities listed in the schedule; : and whereas the central government, in exercise of the powers conferred by section 2 of the united nations (security council) act, 1947 (43 of 1947) has made the prevention ..... the writ appellate jurisdiction has given its definite and precise ..... unlawful assembly or conspiracy are to be adjudicated taking the facts and events supported .....

Sri Indra Das Vs. State of Assam

Court : Supreme Court of India

..... section 3(5) of terrorists and disruptive activities, 1989, section 10 of the unlawful activities (prevention ) act 1967 ..... been no constitution having fundamental rights in it then of course a plain and literal meaning could be given to section 3 (5) of tada or section 10 of the unlawful activities (prevention) act. ..... 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 provisions will become unconstitutional as ..... if, in the long run, the beliefs expressed in proletarian dictatorship are destined to be accepted by the dominant forces of the community, the only meaning of free speech is that they should be given their chance and have their way.if the publication of this document had been laid as an attempt to induce an uprising against government at once, and not at some indefinite time in the future, it would have presented ..... the section which relates to the offence of sedition makes a person punishable who `by words, either spoken or written or by sign or 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 ..... , therefore, arose whether the act was ultra vires of the powers of the central legislature. ..... to support this system, we must have a swarm of spies .....

Sadhwi Pragyna Singh Thakur. Vs. State of MaharashtrA.

Court : Supreme Court of India

..... 30, 2008 against unknown persons under sections 302, 307, 324, 427 and 153 of indian penal code as well as under sections 3, 4 and 5 of explosive substances act and sections 16, 18 and 23 of unlawful activities (prevention) act, 1957. ..... reasons of her arrest and her right to engage a lawyer, but on the contrary till november 2, 2008, ats had denied to the appellant access to any lawyer and also to her relations when she was at kala chowki police station though she was remanded to police custody for eight days on october 24, 2008 and, therefore, case of illegal custody, as pleaded by the ..... on november 20, 2008, the provisions of maharashtra control of organised crime act, 1999 were invoked on the basis of permission granted by dig, ats, but application filed by ats seeking police custody ..... the decisions relied upon by the learned counsel for the appellant do not support the plea that in every case where there is violation of article 22(2) of the constitution, an ..... and 22nd, 2008 are concerned the appellant has not given any specific details except claiming that she was brought back ..... the case was transferred to anti terrorists squad (ats), mumbai headed ..... in the following four decisions of this court : (1) central bureau of investigation, special investigation cell-i, new delhi vs ..... section 21 of the mcoc act is to the effect that unless the court is satisfied that the accused is not guilty of the offence alleged, bail shall not be granted, which is similar to section 37 of the ndps act .....

Dr. Rajendra Prasad Agarwal Vs. Union of India and Another

Court : Allahabad

Reported in : AIR1993All258

..... -section (3) of section 3 of the unlawful activities (prevention) act, 1967 directing the notification declaring the rss as an unlawful association under sub-section (1) to have effect from the date of its publication in the gazette till the time the declaration under sub-section (1) is confirmed by the unlawful activities (prevention) tribunal by order, and is duly published in the official gazette.as a consequence of this order the rash-triya swayam sewak sangh is not an unlawful association, till declaration made under sub-clause (1) by the central government is not confirmed by 'unlawful activities (prevention) tribunal' constituted under ..... be affected by their orders and give sufficiently dear and explicit reasons in support of the orders made by them'.he went on to say that 'the rule requiring reasons to be given in support of an order is, like the principle of audi alteram partem, a ..... reasons to be recorded' and 'reasons to be stated'.the proviso contains a safeguards for preserving sanctity of the fundamental rights relating to liberty and freedom and as such it has to be read as mandatory in nature, and needs to be construed ..... the society registered under the societies registration act, was not held as a corporation.thus, an organisation, society or association of persons, not clothed with personality or status stands on a footing different than that of an organisation, society or association of individuals which ..... offence inviting prosecution or punishment under the act .....

The State of Maharashtra at the Instance of A.T.S. Police Station. Vs. ...

Court : Mumbai

..... offences punishable under sections 302, 307, 326, 324, 427, 153a, 120b of ipc read with sections 25(1) and 25 (3) of the arms act read with sections 3, 4, 5, 6 of explosive substance act read with sections 15, 16, 17, 18, 20 and 23 of unlawful activities (prevention) act, 1967 ..... of ten years and that court has taken cognizance of such offence;(e) "organised crime" means any continuing unlawful activity by an individual, singly or jointly, either as a member of an organised crime syndicate or on behalf of such syndicate, by use of violence or threat of violence or intimidation or coercion, or other unlawful means, with the objective of gaining pecuniary benefits, or gaining ..... that there was, prima facie, no material to support the charges under the mcoc act or no such charges could be, prima facie, ..... section 196 in the said chapter states that no court shall take cognizance of any offence punishable under chapter vi or under section 153a, section 295a or section 501 (1) of ipc or a criminal conspiracy to commit such offence or any such abetment as described in section 108a of ipc except with the previous sanction of the central ..... offences and offences under the indian penal code and other penal statutes providing for punishment of three years or more and in relation to such offences ..... the mcoc act or other issues covered in the arguments of mr.jethmalani and mr.lalit are concerned, it would not be expedient to deal with them in these appeals and the prosecution must be given due opportunity .....

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

Court : Chennai

..... section 3(5) of terrorists and disruptive activities, 1989, section 10 of the unlawful activities (prevention ) act 1967, etc. ..... "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, the impugned order is liable to be set aside on both grounds, i.e. ..... liberation tigers of tamil eelam is a banned organization by the central government under the unlawful activities (prevention) act, 1967. ..... if, in the long run, the beliefs expressed in proletarian dictatorship are destined to be accepted by the dominant forces of the community, the only meaning of free speech is that they should be given their chance and have their way.if the publication of this document had been laid as an attempt to induce an uprising against government at once, and not at some indefinite time in the future, it would have presented a different ..... 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 the bill of rights in the u.s. .....