Court : Kerala
Reported in : AIR2000Ker389
Balasubramanyan, J. 1. After this Court declared in Bharat Kumar v. State of Kerala, AIR 1997 Ker 291, that the calling of a bundh and the enforcement of that call is illegal and unconstitutional and that decision of this Court was confirmed in appeal by the Supreme Court, in Communist Party of India (Marxist) v. Bharat Kumar, AIR 1998 SC 184, political parties including the appellant before the Supreme Court started calling for Hartals. In Bharat Kumar's case, this Court had made a distinction between a 'bundh' and a 'hartal' and had pointed out that a 'bundh' involved coercion of others into toeing the line of those who called for the bundh and that act was unconstitutional since it violated the rights of others. 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. The Supreme C...
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V. Raja Vijayaraghavan, J. 1. The legality of the order dated 7. 10. 2015 in Crl.M.P. No 1784 of 2015 of the Sessions Judge, Kalpetta, is challenged in this appeal preferred u/s 21(4) of the National Investigation Agency Act, 2008 by the appellant, who is the 6th accused in crime number 142/2014 of the Vellamunda police station. 2. The above petition was preferred by the appellant under section 439, 167 (2) of the Code of Criminal Procedure (hereinafter referred to as the Code ) read with section 43(D) of the Unlawful Activities (Prevention) Act (hereinafter referred to as the UA(P) Act), seeking default bail. 3. The question raised by Sri K.S. Madhusoodanan, the learned counsel appearing for the appellant, centers around the interpretation of S. 43D (2) of the UA(P) Act which modifies the operation of S. 167 (2) of the Code , when offences under the UA (P) Act are involved. 4. Skeletal facts will have to be noted first :- (a). On 24.4.2014, at about 20.30 hrs, one Roopesh along with 4...
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Reported in : 2005CriLJ2944; 2005(2)KLT927
K. Padmanabhan Nair, J.1. W.A. No. 518 of 2004 is filed by the Joint Deputy Director, Subsidiary Intelligence Bureau, Trivandrum challenging an interim order passed by the learned Single Judge on 23.2.2004 in W.P.(C) No. 6259 of 2004 which was filed by the appellant challenging Ext.P1 notice by which he was called upon 'to produce all reports received or collected by him for the period from December, 2001 to 2.5.2003 in connection with the Marad Incidents' and also Ext.P2 order of the Commission of Inquiry (Marad Incidents) dated 16.2.2004 by which the Commission of Inquiry had rejected the privilege claimed by the petitioner-appellant under Sections 123 arid 124 of the Indian Evidence Act and directed him to produce the documents ordered to be produced under Ext.P1 in that Writ Petition.2. W. A.No. 628 of 2004 is filed by the Director General of Police and three others challenging the final judgment rendered by the learned Single Judge disposing of W.P.(C) No. 5006 of 2004. That Writ ...
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V. Raja Vijayaraghavan, J. 1. Crl.A.No.728 of 2015 has been filed u/s 21(4) of the National Investigation Agency Act r/w S. 439 of the Code of Criminal Procedure (hereinafter referred to as the Code ) by accused Nos.9 and 10 in S.C.No.200 of 2015 of the Sessions Court, Thalassery, aggrieved by the common order dated 8.7.2015 in Crl.M.P.No.2113 of 2015 of the said Court as per which the bail application filed by the aforesaid appellants was dismissed by the learned Sessions Judge. 2. Crl.A.No.729 of 2015 has been filed by the accused Nos.5 to 7 and 14 to 16 in the same Sessions case aggrieved by common order dated 8.7.2015 in Crl.M.P. No 2139 of 2015 dismissing the bail application filed by them. 3. As the appellants in both the cases stand charged in the same crime and the facts as revealed from the prosecution version are one and the same, the appeals are heard and disposed of by a common judgment. 4. One Elamthottathil Manoj, a 42 year old Physical Training Instructor of Rashtriya Sw...
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Reported in : 1994CriLJ2786
M. Jagannadha Rao, C.J.1. The petitioner is Shri. T.A. Abdul Nazar Madhani, Chairman of the Islamic Seva Sangh (hereinafter called the 'ISS'). The Writ Petition is filed questioning the notification, Ext. P2, issued by the Central Government dated 10-12-1992 under the Unlawful Activities (Prevention) Act, 1967 (hereinafter called the 'Act'), and also the further notification Ext. P4 dated 12-12-1992 issued by the State of Kerala delegating its powers to the all District Collector, Commissioner of Police, Superintendents of Police and District Magistrate Under section 19 of the Act to takae action Under sections 7 and 8 of the said Act. During the course of the arguments, however, the attack was confined to Ext. P2 notification issued by the Union of India, and no arguments were advanced in regard to Ext. P4 notification.2. The petitioner is the Chairman of the ISS. He also claims to be the Principal of the Anvarul Islam Charitable Society at Sasthan-cotta. According to him, the ISS is ...
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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON MONDAY,THE17H DAY OF NOVEMBER201426TH KARTHIKA, 1936 WP(C).No. 26691 of 2010 (J) ---------------------------- PETITIONER(S): -------------------------- 1. PLANTERS FORUM, APRIVATE TRUST REGISTERED UNDER THE INDIAN TRUSTS ACT, 1882 HAVING ITS OFFICE IN DOOR NO.5/214 BYE PASS ROAD, ERANHIPALAM, CALICUT-673 006, REPRESENTED BY ITS SECRETARY.2. DR.CHUMMAR CHANDY, PULICAKATHAARA HOUSE, KANJIRAPILLY, KOTTAYAM DISTRICT. BY SRI.E.K.NANDAKUMAR,SENIOR ADVOCATE ADVS. SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.P.GOPINATH SRI.RAJ PANJWANI SRI. C.U.SINGH,SENIOR ADVOCATE SRI. SANJAY UPADHYAY RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,SECRETARIAT.P.O., THIRUVANANTHAPURAM-1.2. THE SECRETARY TO GOVERNMENT, FOREST & WILD LIFE DEPARTMENT, GOVERNMENT SECRE...
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ORDER 1. In this petition under Section 482 of the Code of Criminal Procedure, the petitioner, who is the accused in C.C.No.438/2011 on the file of the Judicial Magistrate of the First Class-I, Muvattupuzha, assails the order taking cognizance for offence under Section 323 of the Indian Penal Code on Annexure 1 complaint filed by the 2nd respondent. 2. The 2nd respondent in Annexure-I dated 3.1.2011 would complain that the petitioner summoned the 2nd respondent, who was a teacher in Ilahia College of Arts and Science, Moovattupuzha to the Police Station on 6/8/2010 and he was Crl.M.C.NO. 4105 OF 2011 2 brutally assaulted and detained. On the next day also he was assaulted and on 8/8/2010 arrest was recorded in Crime No.704/2010 of Moovattupuzha Police Station and produced the 2nd respondent before the Magistrate. The 2nd respondent would further allege that at the time of production, the assault by the petitioner was complained to the Magistrate and that the 2nd respondent was falsely ...
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Reported in : 2004(2)KLT758
J.B. Koshy, J.1. All these petitions are filed in public interest annoyed by the fact that despite various judgments of this court and the Honourable Apex Court, there are frequent bandhs, forced hartals and general strikes in the State harassing general public causing trouble, inconvenience, loss and injury to them and a situation is created by unscrupulous, anti-national and anti-people groups who force majority of the people not to move about and force them in illegal detention in their own house by threat, coercion and force. Examinations to be conducted by the Universities and Government agencies are being postponed on such days. Doctors who are going to the hospitals are being attacked. Government Transport Corporation themselves stop running their buses thus preventing the willing workers and employees from going to the work places. Previous experience on occasions of hartals and general strikes cast an obligation on the part of the Government to take preventive measures. It is ...
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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE23D DAY OF JUNE20152ND ASHADHA, 1937 WP(C).No. 10727 of 2013 (M) ---------------------------- PETITIONER(S): -------------------------- INTER MEDIA PUBLISHING LTD., MEDIA CITY, CALICUT-27, REPRESENTED BY ITS MANAGING DIRECTOR, SRI.M. USMAN, S/O.HUSSAIN HAJI, AGED51 RESIDING AT MATTUMMAL HOUSE, POST OFFICE ROAD, SHORNUR. BY ADVS.SRI.P.MARTIN JOSE, SRI.M.A.MOHAMMED SIRAJ, SRI.P.PRIJITH, SRI.THOMAS P.KURUVILLA, SRI.JUSTINE JACOB. RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,SECRETARIAT P.O., THIRUVANANTHAPURAM-695 001.2. THE DIRECTOR OF PUBLIC RELATIONS, DEPARTMENT OF INFORMATION AND PUBLIC RELATIONS (D) GOVERNMENT OF KERALA , SECRETARIAT P.O., THIRUVANANTHAPURAM-695 001.3. THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF KERALA, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, SECRETARIAT ...
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Reported in : ILR2010(4)Ker664
1. These are applications for regular bail filed by 9 among the 25 accused persons who are in custody in Crime No. 704 of 2010 of Muvattupuzha Police Station for offences punishable under Sections 143, 147, 148, 120 B, 323, 324, 326, 441, 427, 506 (ii), 307, 153 A, 201, 212 read with Sec. 149 I.P.C. and Sec. 3 of the Explosive Substances Act, 1908 and Sections 15, 16, 18, 18 B , 19 and 20 of the Unlawful Activities (Prevention) Act, 1967. 2. B.A. 5134 of 2010 is filed by A2 who was arrested on 4-7-2010. B.A. No. 5795 of 2010 is filed by A15 and A16 who were arrested on 23-7-2010 and 24-7-2010 respectively. B.A. 5824 of 2010 is filed by A7 who was arrested on 9-7-2010. B.A. 5940 of 2010 is filed by A43 and A48 who were arrested on 7-8-2010. B.A. 5950 of 2010 is filed by A19 who was arrested on 25-7-2010. B.A. 6017 of 2010 is filed by A47 who was arrested on 7-8-2010. B.A. 6186/2010 is filed by A1 who was arrested on 4-7-2010. As on today (i.e. 26-10-2010), A1 and A2 have completed 114 d...
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