Judgment Search Results Home > Cases Phrase: unlawful activities prevention act 1967 Court: mumbai Page 1 of about 810 results (0.062 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 subsequently pota was repealed on account of its misuse and unlawful activities prevention (amendment) act, 2004 was enacted and incorporated in the unlawful activities prevention act, 1967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. .....

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

Court : Mumbai

..... however, in view of the finding arrived at in the above paragraph, as all the accused are entitled to be discharged of the offences under the mcoc act, i am not considering the case of the applicant accused for the offences under the indian penal code, unlawful activities (prevention) act 1967, arms act, indian explosive substance act etc. ..... 302, 307, 326, 324, 427, 153a, 120b of the indian penal code r/w 3, 5, 25 arms act, r/w 3, 4, 5, 6 of explosive substance act r/w 15, 16, 17, 18, 20 and 23 of unlawful activities (prevention) act, 1967 (amended) 2004. ..... 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. ..... 11 of the act, the case will have to be transferred to the regular court for trial of the offences under the indian penal code, unlawful activities (prevention) act, 1967 etc."5. ..... he also submitted that in the instant case, the prosecution failed to make out a case of "continuing unlawful activity" by an individual singly or jointly, as a member of an organised crime syndicate and, in fact, there was no orgnised crime syndicate as defined in clause (f) of section 2(1) of the mcoc act, when the chargesheets were filed and cognizance was taken by the learned cjm at parbhani as well as at jalna. mr. .....

Mohammad GayasuddIn Son of Wali Mohammad Vs. the State of Maharashtra, ...

Court : Mumbai

Reported in : 2003BomCR(Cri)1727; 2003CriLJ2994

..... 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 (3 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 ..... further provides that - (1) person who is or continues to be a member of the association declared unlawful under the unlawful activities (prevention) act, 1967 or (2) person voluntarily does an act aiding or promoting in any manner the objects of such organization, (3) and such person is in possession of unlicensed firearms, ammunition, explosives or other instrument or substance capable of causing mass destruction and commits any act resulting in loss of human life or grievous injury to any person or causes a significant damage to any ..... assisted in arranging or managing a meeting, which he knew is - 1) to support a terrorist organization, which means an organization or one of the organizations enlisted in schedule contemplated under section 18 of the prevention of terrorism act 2) to further the activities of a terrorist organization enlisted in the schedule, 3) the said meeting is addressed by a person who belongs or professes to belong to a terrorist organization. .....

Mansoor S/O Kasim Mulla Vs. Guddu Saheb Ibrahim Mugale and Maharashtra ...

Court : Mumbai

Reported in : 2010(112)BomLR2207

..... where the political party concerned is declared unlawful by the central government under the provisions of the unlawful activities (prevention) act 1967 or any other similar law.33. ..... a quasijudicial authority and passed the order which has decided rights of the parties and it is concluded that this order was obtained by playing fraud, then though there is no express provision under the wakf act that the ceo is empowered to review / recall his own order, yet considering the view taken by the apex court, it cannot be said that the order dated 01.12.2007 is passed without jurisdiction. ..... a 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. ..... (2) in exercising the powers of giving directions under sub-section (1) in respect of any wakf, the board shall act in conformity with the directions by the wakf in the deed of the wakf, the purpose of wakf and such usage and customs of the wakf as are sanctioned by the school of muslim law to which ..... any person who is a mutawalli of a wakf by virtue of any custom or who is a naib-mutawalli, khadim, mujawar, sajjadanashin, amin or other person appointed by a mutawalli to perform the duties of a mutawalli and save as otherwise provided in this act, any person, committee or corporation for the time being managing or administering any wakf or wakf property.9. .....

Ms. Jyoti Babasaheb Chorge Vs. State of Maharashtra

Court : Mumbai

..... under sections 387 ipc, 419 ipc, 465 ipc, 467 ipc, 468 ipc, 471 ipc read with section 120b of the ipc, and also in respect of offences punishable under section 10, 13, 17, 18, 18a, 18b, 20, 21, 38, 39, 40(2) of the unlawful activities (prevention) act 1967, as amended upto 2008 (hereinafter referred to as 'uap act' for the sake of brevity). ..... in that case, the appellant before the supreme court was a member of ulfa and had been convicted of an offence punishable under section 3(5) of the terrorist and disruptive activities (prevention) act 1987 (hereinafter referred to as 'tada act' for the sake of brevity). ..... the learned special public prosecutor referred to various provisions in the uap act and emphasized the definitions of 'unlawful activity', 'unlawful association', and 'terrorist act', as given in the said act. ..... russell, 384 us 17 19 (1966) were also quoted: 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 employees. ..... it has to be treated as an active membership which results in participation of the acts of the terrorist gang or organization which are performed for carrying out the aims and objects of such gang or organization by means of violence or other unlawful means. .....

Yasir Sayyed Anis Sayyed @ Hujefa Vs. State of Maharashtra

Court : Mumbai

..... ipc, 505(2) ipc, 507 ipc, 506(ii) ipc, 120(b) ipc, 121, 122 and 286 of the ipc, offences punishable under section 25 read with section 3 of the arms act, offences punishable under the explosives act, and explosive substances act 1908, the offences punishable under section 13(1)(a)(b), 16, 18, 19, and 20 of unlawful activities (prevention) act, 1967 (hereinafter for the sake of brevity "the uap act") read with section 66 of the information technology act, and the offences punishable under section 3(1)(ii), 3(2), 3(4) of the mcoc ..... in any case, prima facie there is no material to suggest any continuing unlawful activity as defined in section 2(d) of the mcoc act on the part of the said organized crime syndicate. 28. ..... . to term such organization as an organized crime syndicate, however, is difficult to digest and, in any case, as already observed, there is no allegation - and at any rate material - to show a continuing unlawful activity by the so-called organized crime syndicate by name 'indian mujahideen'. 37 ..... what, however, needs to be observed is that no continuing unlawful activity undertaken by the organized crime syndicate called as 'indian mujahideen' in the preceding 10 years could be pointed by the learned app. ..... that would not make such a person a criminal unless it would be shown that he has taken some active part towards achieving the so called objects of the organization by unlawful means or by resorting to violence. .....

Saquib Abdul Hamid Nachan Vs. The State of Maharashtra

Court : Mumbai

..... applicant and the other accused are alleged to have committed offences punishable under sections 16 and 18 of the unlawful activities (prevention) act, 1967, as amended till 2008 (hereinafter referred to as u.a.p. ..... it was submitted that the applicant is against manoj raicha, because manoj raicha's activities relating to protection of cows, and that the applicant was an accused in the case of murder of suresh sherekar and lalit jain, who both were promoting the cause of protection ..... (in the chargesheet) is not on the incident of firing but the emphasis is on the activities of manoj raicha, as a member of the vishwa hindu parishad and gowvansh saurakshan samiti. ..... is on the criminal background of the accused no.1 saquib nachan (the present applicant), on his gang, on his alleged anti-national activities, on his having committed a number of serious offences such as bomb blasts etc. ..... no.16 of form 5e of the printed prescribed proforma, were properly and sufficiently described in those orders, and as such, they may be described in the same manner here as follows:- (a) the first informant manoj raicha, advocate, is an active member of the vishwa hindu parishad, and gowvansh saurakshan samiti. ..... provisions curtailing the discretion of the court in the matter of grant of bail, as found in section 21(4) of the mcoc act and sub-section (5) of section 43d of the uap act need to be interpreted, has been discussed extensively by me in my orders releasing the co-accused in this case, on bail ..... act, 1967 .....

Late Shri Laxmanraoji Motghare Charitable Trust and Another Vs. Mahara ...

Court : Mumbai Nagpur

..... union of india (supra), reveals that there the proviso to sub-section [3] of section 3 of unlawful activities (prevention) act, 1967 has been looked into. ..... we direct the respondent no.1 university to initiate and hold appropriate enquiry into the matter in accordance with the provisions of section 38 of the 1998 act, and thereafter to decide whether the petitioners are at fault or not and if answer to this is yes, proceed to decide whether the recognition of petitioners should be or should not be permanently withdrawn or ..... sukhdeve, as principal, though not qualified; not conducting examinations properly; not preventing students from indulging in use of unfair means and permitting impersonation by allowing 13 strangers to appear and solve answer ..... india, petitioner no.1 a public trust and petitioner no.2 college run by it, challenge the order dated 25.10.2012, cancelling permanently the recognition granted to the petitioner no.2 college under the provisions of maharashtra animal and fishery sciences university act, 1998 (hereinafter referred to as the 1998 act for short), by taking recourse to its section 38 and 2006 rules framed thereunder. ..... in this background, has invited our attention to procedure prescribed in section 38 of the 1998 act to urge that the motion for de-recognition was never initiated or then processed as contemplated therein. ..... 21 casts obligation on these officers to conduct exam properly and it is their duty to take effective steps to prevent any mischief. .....

Pragyasingh Chandrapalsingh Thakur and Another Vs. State of Maharashtr ...

Court : Mumbai

..... / 2008 lodged at azad nagar police station, malegaon on 30.09.2008 for offences punishable under sections 302, 307, 324, 326, 427, 153a, 120b of the indian penal code r/w sections 3, 4, 5, 6 of the indian explosive substance act, 1908 r/w sections 3, 5, 25 of the arms act, 1959 r/w sections 15, 16, 17, 18, 20 and 23 of the unlawful activities (prevention) act, 1967 along with ten other accused in the wake of a bomb blast that took place on 29.09.2008 at malegaon, district : nashik. ..... it is stated that thereafter, on 22.01.2009, the learned special (mcoca) court, mumbai took the cognizance of the crime and issued process under sections 3(1)(i), 3(1)(ii), 3(2), 3(4), 3(5) of the mcoc act along with various other sections of the indian penal code, arms act and also under sections 15, 16, 17, 18, 20 and 23 of the unlawful activities (prevention) act, 1967 and the matter was numbered as special case no.1/2009 by the special (mcoca) court, mumbai. ..... the preamble to the unlawful activities (prevention) act, 1967 indicates that the act seeks to provide for the more effective prevention of certain unlawful activities of individuals and associations and dealing with terrorist activities and for matters connected therewith ..... one of the acts mentioned in the schedule to the nia act is the unlawful activities (prevention) act, 1967 which deals with cross border and international terrorism and measures to combat the same, which extends not only to persons committing the act in india but also .....

Lt. Col. Prasad Shrikant Purohit Vs. the State of Maharashtra

Court : Mumbai

..... as it covers case of insurgency, is repugnant and has become void by the enactment of unlawful activities (prevention) amendment act, 2004, amending the unlawful activities (prevention) act, 1967. ..... their alleged involvement in offences punishable 120b, 302, 307, 326, 324, 153-a, 427 of the indian penal code read with sections 3, 4, 5 and 6 of explosive substances act read with sections 3(1)(i), 3(2), 3(4) and 3(5) of the maharashtra control of organised act (hereinafter referred to as mcoca ) and read with sections and sections 3, 5 and 25 of the indian arms act read with sections 16, 18 and 23 of unlawful activities (prevention) act (hereinafter referred to as uapa ). ..... : an act to provide for the more effective prevention of certain unlawful activities of individuals and associations and for dealing with terrorist activities and for matters ..... that the said act is enacted to provide for the more effective prevention of certain unlawful activities of individuals and associations, and dealing with terrorist activities and for matters connected ..... the question in the present case is raised particularly in the context of definition of construing unlawful activity in section 2(1)(d) of mcoc act which reads as under :- section 2(1)(d) continuing unlawful activity means an activity prohibited by law for the time being in force, which is a cognizable offence punishable with imprisonment of three years or more, undertaken either singly or jointly, as a member of an organised crime syndicate .....