Judgment Search Results Home > Cases Phrase: unlawful activities prevention act 1967 Court: delhi Page 1 of about 1,105 results (0.085 seconds)

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. .....

Thounaojam Shyamkumar Singh Vs. State of Nct of Delhi

Court : Delhi

Reported in : 2007(94)DRJ150

..... learned counsel urged that none of ingredients of offences under the unlawful activities prevention act, 1967 had been made out or could not be made out from the materials on record. ..... the charge sheet alleges that the petitioner was involved in offences punishable under sections 121/121a/122/123/419/420/468/471/120b ipc read with sections 18/19/20 of unlawful activities prevention act and sections 3/9 official secrets act.8. mr. k.k. ..... neither the charge sheet nor the statements recorded and produced before the court were suggestive of the petitioner's involvement in advocacy and abetting of any unlawful activity as defined under the act; nor that he had harboured any such person. ..... as per the prosecution case two associates of the applicant and other accused were active members of united national liberation front (unlf), a banned militant outfit and from the possession of some of them, a pen drive and one compact disc (cd) were recovered. ..... the case against the present applicant is that he is an active member of kykl a banned militant outfit of manipur, and was working as a conduit between the two militant groups, kykl and unlf ..... it also records that the petitioner was served with an order under national security act; that he obtained contracts for construction of roads and also other buildings. ..... the petitioner was found to be with him on two occasions proximate in point of time, these led to the strong inference of his aiding and abetting the other accused in their illegal activities. .....

Suruchi Sansthan and ors. Vs. Government of the National Capital Terri ...

Court : Delhi

Reported in : 1994CriLJ1732; 50(1993)DLT183; 1993RLR391

..... in exercise of the powers conferred by section 19 of the unlawful activities (prevention) act, 1967 (37 of 1967) and. ..... (24) that the unlawful activities (prevention) act, 1967 does not authorise sealing of a premises was not disputed ..... however, the respondents say that they sealed the premises 'to prevent the unlawful activities of the banned organisation', a reason which shies away from touching even the periphery of the statutory conditions ..... sharma has stated that it is open to the police to seal any premises 'temporarily' to prevent the unlawful activity of the banned organisation. ..... bansal has contended that in any event there has been no orders passed by the district magistrate, or anyone else, in accordance with section 8(4) of the act, and without an order or notification under section 8(4) of the said act, no person who is carrying on any activity in the notified place prior to the notification under section 8(1) of the act in the notified place, can be interfered with any manner. ..... refuge, however, was sought under sub-section (1) of section 33 of the delhi police act, 1978 under which a premises may be sealed only in order to 'prevent or suppress any riot or grave disturbance of peace' and for no other reason. ..... 33 of the delhi police act reads as under :- 33.issue of order for prevention of riot, etc. ..... power to notify any place is, however, contained in section 8 of the act, which section reads as under :- power to notify places used for the purpose of an unlawful association. .....

Brij Mohan Gupta Vs. the Registrar of Societies

Court : Delhi

..... one 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. ..... would prejudicially affect the subject (c) although there is no lis or two contending parties and the contest is between the authority and subject and (d) the statutory authority is required to act judicially under statute, the decision of the said authority is quasi-judicial. 25. applying the aforesaid principle, we are of the view that the presence of a lis or contest between the contending parties before a statutory authority, in ..... was next urged by the learned counsel for the appellants that the view taken by the high court that by virtue of application of provisions of section 21 of the general clauses act, 1897 the commission has power to de-register a political party if it is found having violated the undertaking given before the election commission, is erroneous. ..... it seems to proceed on the assumption that members of the same family who are related by blood cannot ever get together to form a society, which is charitable in character, or which seeks to carry out activities of the kind described in section 20 of the act. .....

Syed Maqbool Vs. Nia

Court : Delhi

..... section 173 of the code of criminal procedure required that only on the completion of the investigation the report in the form prescribed had to be sent to the magistrate empowered to take cognizance of the offence; under the unlawful activities (prevention) act, 1967 reference to the magistrate under the code of criminal procedure, 1973 had to be treated as a reference to the designated court constituted under the said ..... on which neither side was at variance is that for offences under the unlawful activities (prevention) act, 1967 investigation can be conducted by the national investigating agency and the provisions of the code of criminal procedure, 1973 would apply concerning investigation as also cognizance of offences by courts, but as modified by the applicable provisions of the unlawful activities (prevention) act, 1967. ..... since investigation related to alleged offences committed under the unlawful activities (prevention) act, 1967 continued, section 43d of the said act permitted the designated court to extend the period of detention to 180 days, and before 90 days period of detention lapsed, on may 23, 2013 an application was filed by the investigating officer supported by a report of ..... by the national investigating agency for offences punishable under section 121a and 123 of the indian penal code, 1860 and sections 17, 18, 18b, 19, 20, 38(2) and 39(2) of the unlawful activities (prevention) act, 1967 as amended by act no.35 of 2008, the three appellants were arrested. .....

imran Khan Vs. National Investigation Agency

Court : Delhi

..... section 173 of the code of criminal procedure required that only on the completion of the investigation the report in the form prescribed had to be sent to the magistrate empowered to take cognizance of the offence; under the unlawful activities (prevention) act, 1967 reference to the magistrate under the code of criminal procedure, 1973 had to be treated as a reference to the designated court constituted under the said ..... on which neither side was at variance is that for offences under the unlawful activities (prevention) act, 1967 investigation can be conducted by the national investigating agency and the provisions of the code of criminal procedure, 1973 would apply concerning investigation as also cognizance of offences by courts, but as modified by the applicable provisions of the unlawful activities (prevention) act, 1967. ..... since investigation related to alleged offences committed under the unlawful activities (prevention) act, 1967 continued, section 43d of the said act permitted the designated court to extend the period of detention to 180 days, and before 90 days period of detention lapsed, on may 23, 2013 an application was filed by the investigating officer supported by a report of ..... by the national investigating agency for offences punishable under section 121a and 123 of the indian penal code, 1860 and sections 17, 18, 18b, 19, 20, 38(2) and 39(2) of the unlawful activities (prevention) act, 1967 as amended by act no.35 of 2008, the three appellants were arrested. .....

Mohd. Maroof @ Ibrahim and Ors Vs. State

Court : Delhi

..... in view of recoveries affected from their possession a case vide fir no.03/14, dated 23rd march, 2014, under section 120-b ipc, 3/10/13 unlawful activities (prevention) act, 1967 and 4/5 explosive substances act was registered at ps cid, jaipur and a case vide fir no.112/14, dated 23rd march, 2014 under section 120-b ipc, 18/19/20 unlawful activities (prevention) act, 1967 and 4/5 explosive substances act was registered at ps pratap nagar, jodhpur, respectively. ..... offences under the unlawful activities (prevention) act, 1967, investigation can be conducted by the national investigating agency and the provisions of the code of criminal procedure, 1973 would apply concerning investigation as also cognizance of offences by courts, but as modified by the applicable provisions of the unlawful activities (prevention) act, 1967. ..... iii) the specific report of the public prosecutor specifying the grounds for further detention with respect to each accused person as mandated by law under section 43 (d) (2) (b) of unlawful activities (prevention) act, 1967 is a necessity for extension of investigation period beyond a period of 90 days. ..... 167(2) cr.p.c and 43(d) of the unlawful activities (prevention) act, 1967 have to be read together.32. ..... section 43d of the unlawful activities (prevention) act, 1967 which is material and relevant for our discussion reads as under: ..... therefore, sections 16/18/20 of unlawful activities (prevention) act, 1967 were added and investigation was taken up by acp/ special .....

Sstate Vs. Mohd. Afzal and ors.

Court : Delhi

Reported in : 2003VIIAD(Delhi)1; 107(2003)DLT385; 2003(71)DRJ178; 2003(3)JCC1669

..... , any sstate government or any of their agencies, or detains any person and threatens to kill or injure such person in order to compel the government or any other person to do or abstain from doing any act;(b) is or continues to be a member of an association declared unlawful under the unlawful activities (prevention) act, 1967 (37 of 1967), or voluntarily does an act aiding or promoting in any manner the objects of such association and in either case is in possession of any unlicensed firearms, ammunition, explosive or other instrument or substance capable of causing mass destruction and commits ..... , any sstate government or any of their agencies, or detains any person and threatens to kill or injure such person in order to compel the government or any other person to do or abstain from doing any act;(b) is or continues to be a member of an association declared unlawful under the unlawful activities (prevention) act, 1967 (37 of 1967), or voluntarily does an act aiding or promoting in any manner the objects of such association and in either case is in possession of any unlicensed firearms, ammunition, explosive or other instrument or substance capable of causing mass destruction and commits ..... it was contended that under sub-clause (b) of sub-section (1) of section 3, membership by an association declared unlawful under the unlawful activities (prevention) act, 1967 or promotion of the objects of such association would constitute a terrorist's act. .....

Syed Maqbool Vs. National Investigation Agency

Court : Delhi

..... section 173 of the code of criminal procedure required that only on the completion of the investigation the report in the form prescribed had to be sent to the magistrate empowered to take cognizance of the offence; under the unlawful activities (prevention) act, 1967 reference to the magistrate under the code of criminal procedure, 1973 had to be treated as a reference to the designated court constituted under the said ..... on which neither side was at variance is that for offences under the unlawful activities (prevention) act, 1967 investigation can be conducted by the national investigating agency and the provisions of the code of criminal procedure, 1973 would apply concerning investigation as also cognizance of offences by courts, but as modified by the applicable provisions of the unlawful activities (prevention) act, 1967. ..... since investigation related to alleged offences committed under the unlawful activities (prevention) act, 1967 continued, section 43d of the said act permitted the designated court to extend the period of detention to 180 days, and before 90 days period of detention lapsed, on may 23, 2013 an application was filed by the investigating officer supported by a report of ..... by the national investigating agency for offences punishable under section 121a and 123 of the indian penal code, 1860 and sections 17, 18, 18b, 19, 20, 38(2) and 39(2) of the unlawful activities (prevention) act, 1967 as amended by act no.35 of 2008, the three appellants were arrested. .....

Wasim Akram Malik Vs. National Investigating Agency

Court : Delhi

..... section 173 of the code of criminal procedure required that only on the completion of the investigation the report in the form prescribed had to be sent to the magistrate empowered to take cognizance of the offence; under the unlawful activities (prevention) act, 1967 reference to the magistrate under the code of criminal procedure, 1973 had to be treated as a reference to the designated court constituted under the said ..... on which neither side was at variance is that for offences under the unlawful activities (prevention) act, 1967 investigation can be conducted by the national investigating agency and the provisions of the code of criminal procedure, 1973 would apply concerning investigation as also cognizance of offences by courts, but as modified by the applicable provisions of the unlawful activities (prevention) act, 1967. ..... since investigation related to alleged offences committed under the unlawful activities (prevention) act, 1967 continued, section 43d of the said act permitted the designated court to extend the period of detention to 180 days, and before 90 days period of detention lapsed, on may 23, 2013 an application was filed by the investigating officer supported by a report of ..... by the national investigating agency for offences punishable under section 121a and 123 of the indian penal code, 1860 and sections 17, 18, 18b, 19, 20, 38(2) and 39(2) of the unlawful activities (prevention) act, 1967 as amended by act no.35 of 2008, the three appellants were arrested. .....