Judgment Search Results Home > Cases Phrase: unlawful activities prevention act 1967 central section 6 period of operation and cancellation of notification Page 1 of about 414 results (0.249 seconds)

Mohammad Jafar Vs. Union of India (Uoi)

Court : Supreme Court of India

Reported in : 1994(1)BLJR735; 1990CriLJ2473; JT1994(2)SC597; 1994(2)SCALE267; 1994Supp(2)SCC1; [1994]3SCR111; 1994(2)LC236(SC)

..... powers conferred by sub-section (i) of section 3 of the unlawful activities (prevention) act, 1967 (37 of 1967), the central government hereby declares the jamaat-e-lslami hind' to be an unlawful association, and directs, in exercise of the powers conferred by the proviso to sub-section (3) of that section, that this notification shall, subject to any order that may be made under section 4 of the said act, have effect from the dale of its publication in the official gazette.it is apparent from the notification that no additional reasons have been given for declaring the je1h as an unlawful association with immediate ..... sub-section (3) of section 4 then requires the tribunal to consider the cause, if any, shown by the association or its office bearers or members, and to hold an inquiry in the manner specified in section 9 of the act and to adjudicate the issue as to whether there is sufficient cause or not for declaring the association to be unlawful, as expeditiously as possible and in any case within a period of six months from the date of the issue of the notification under sub-section (1) of section 3, and make such order as it deems fit either confirming the declaration made in the notification or cancelling the .....

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. ..... at this juncture, it may be useful to indicate that the provisions of section 167(2) of the code were modified by virtue of section 43d of the unlawful activities (prevention) act, 1967. ..... notice was also issued to the learned additional solicitor general since 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. ..... in the instant case on 17th july, 2012, when the appellants initial custody was held to be illegal, the right of the appellant to grant of statutory bail under clause (a)(ii) of sub- section (2) of section 167 became operative and the appellant became entitled to grant of statutory bail and the mere fact that on a subsequent application for extension of the period of custody, such custody was extended, was immaterial and was of no consequence, as had been contended in the high court on behalf of the prosecution.19. ..... 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. ..... by its order dated 2nd july, 2012, the high court stayed the observations of the additional sessions judge, central ii, delhi, in cr no.86 of 2012. .....

Vijay Madanlal Choudhary Vs. Union Of India

Court : Supreme Court of India

..... act, 1881; (iv) section 9 of the opium act, 1878; (v) section 9b of the explosives act 1884; (vi) section 7 of the prevention of food adulteration 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 ..... record or property under sub-section (1) or freezing any record or property under sub-section (1a) shall, within a period of thirty days from such seizure or freezing, as the case may be, file an officer who may be authorised by the central government, by notification, for this purpose 518 ..... when the legislature enacts that notwithstanding any judgment or order the new law will operate retrospectively and the assessments shall be deemed to be validly made on the basis of the amended law, the legislature is not declaring the judgment to be void but rendering things or acts deemed to have been done under amended statute valid notwithstanding any judgment or order on the basis .....

Asim Shariff Vs. National Investigation Agency

Court : Karnataka

..... 34 of ipc and section 3 and 27 of arms act and under section 15, 1 17, 18 and 20 of unlawful activities (prevention) act, 1967. ..... 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 and suppression of terrorism (implementation of security council resolutions) order, 2007; and whereas it is considered necessary to give effect to the said resolutions and the order and to make special provisions for the prevention of, and for coping with, terrorist activities and for ..... whenever, a person wants to claim that particular order or notification is bad or invalid, to claim benefit, it does not become complete by just claim as invalid and bad, he has to assign the factors that would make the order or notification invalid or bad in law. ..... a member or institution which deserves to be dealt according to law, the partial organization shall have been banned, name and nature do not matter, but it is the mode of operation impact on the secular fabric of : the nation with reference to its security and the integrity.38. .....

Sadhwi Pragyna Singh Thakur. Vs. State of MaharashtrA.

Court : Supreme Court of India

..... on september 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. ..... special judge declining bail but also as a fresh application, is an application dated august 24, 2009, after the filing of the charge sheet on january 20, 2009 and therefore filed after right, if any, under section 167(2) is lost and having regard to the provisions of section 21 of the mcoc act the appellant is not entitled to grant of bail, apart from the fact that no argument had been addressed on the merits of the case ..... not been able to establish that she was arrested on october 10, 2008, even if it is assumed for the sake of argument that the appellant was arrested on october 10, 2008 as claimed by her and not on october 23, 2008 as stated by the prosecution, she is not entitled to grant of default bail because this court finds that the charge sheet was filed within 90 days from the date of ..... to the learned counsel, it was stated on oath by the appellant that throughout the period from october 10, 2008 to october 23, 2008 she was in illegal detention in the ats office located at kala chowki, mumbai and, therefore, onus should have been shifted to ats to establish the fact that the ..... operate ..... chaganti satyanarayana and others (supra) has been subsequently followed in the following four decisions of this court : (1) central bureau .....

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

Court : Allahabad

Reported in : AIR1993All258

..... to sub-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 section 5 of the act.32. ..... words to the effect, 'that the central government is of the opinion that the circumstances exist rendering it necessary for the government to declare the rashtriya swayam sewak sangh as unlawful association with immediate effect' is not necessary in the impeached notification, which not to render the later part of the notification either defective, non-operative, or non est; inasmuch as according to him, the formation of opinion is implicit in such a notification, which is a composite one and the same could be traced out from ..... 6 of the act submitted that the central government has the power to cancel, at any time, the notification issued under s. .....

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

Court : Mumbai

..... for trial of the 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 (amended) 2004. ..... years or more, undertaken either singly or jointly, as a member of an organised crime syndicate or on behalf of such syndicate in respect of which more than one chargesheets have been filed before a competent court within the preceding period 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 ..... " where the statute prescribes the materials on which alone the judicial mind shall operate before any step is taken, obviously the statutory requirement must be fulfilled. ..... "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 government or the state government. .....

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, ..... "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, ..... (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 violative of articles 19 and 21 of the constitution. ..... of assam reported in 2011 (2) 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. ..... 325-26)those who 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 or as public ..... an assistance in any way to the unlawful activities of the association is punishable with imprisonment. ..... tigers of tamil eelam is a banned organization by the central government under the unlawful activities (prevention) act, 1967. .....

Kerala Vyapari Vavasayi Ekopana Samithi, Ottappalam and anr. Vs. State ...

Court : Kerala

Reported in : AIR2000Ker389

..... held that a party duly registered under section 29a of the 1951 act may be deregistered only if the commission finds that the registration was secured by using fraudulent means or the party indicates that it has ceased to function or itself indicates that it has changed its constitution and it would not function in accordance with the provi-sions of section 29a(5) of the act or the party is declared unlawful by the central government under the provisions of the unlawful activities (prevention) act, 1967 or any like ground where no ..... . it means that we must abandon the method ofcivil disobedience, non-co-operation and satyagraha ..... . we have therefore no hesitation in holding that when a call for hartal made by an association or body of citizens is enforced by force and the activities of others unwilling to respond to the call, is brought to a standstill by threat, coercion or force, an occasion clearly arises for the election commission to take action for cancelling the registration or for derecognition of that body or association.18 ..... . police personnel will be deployed to guard the locations where buses are parked during night hours in order to prevent sabotage by striking employees/operators. 6 ..... this court proceeded on the basis that a hartal was a peaceful act of non-co-operation or was a passive resistance movement and a call for it did not involve coercion of a person who did not want to join the hartal into compulsorily participating in the hartal. .....

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

..... is where in political party 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. ..... inter alia, argued -- that there being no express provision in the act to cancel the registration of a political party under section 29a of the act, and as such no proceedings can be taken by the election commission of india against a political party for having violated the provisions of the constitution;- that the election commission of india while exercising the power to register a political party under section 29a of the act acts quasi-judicially and once a political party is registered, no power of review having been ..... perusal of section 21 of the general clauses act, we find that the expression 'order' employed in section 21 shows that such an order must be in the nature of notification, rules and bye-laws etc ..... where by any central act or regulation, a power to issue notifications, orders, rules or bye-laws is conferred then that power includes a power exercisable in the like manner and subject to the like sanction, and conditions (if any), to add to, amend, vary or rescind any notifications, orders, rules or bye-laws so issued .....