Judgment Search Results Home > Cases Phrase: unlawful activities prevention act 1967 Court: mumbai Page 8 of about 810 results (0.090 seconds)

Jayantilal Bhagwandas Shah and Etc. Vs. State of Maharashtra and Other ...

Court : Mumbai

Reported in : (1981)83BOMLR190; 1981CriLJ767; 1981MhLJ487

..... he placed reliance upon the observation in paragraph 17 thereof, namely, that the writ of habeas corpus was a device for, in the main, obtaining deliverance from unlawful detention and its object was the liberation of those who may be kept wrongfully restrained but it could not be employed as a means of securing judicial determination of any other question or for ..... the challenges are directed towards orders of detention passed under the conservation of foreign exchange and prevention of smuggling activities act, 1974, (now referred to as 'the act'). ..... written record of the grounds at the time of making the detention orders was the most elementary safeguard to ensure that it had been passed in compliance with the provisions of the law and to prevent the arbitrary, casual and capricious use of the abnormal and otherwise absolute power conferred on the detaining authority.22. mr. ..... in view of the fact that notices under the smugglers' foreign exchange manipulators (forfeiture of property) act, 1976, have been served on the wife, brother and father of the petitioner, which notices have a considerable adverse effect upon their property we have been urged and have considered it proper ..... that, subsequent to the issuance of the detention order, a notification in the official gazette had been published under the provisions of section 7 of the act and he did not dispute that that publication amounted to a communication of the detention order. ..... 1967 in respect of alleged smuggling activities .....

Dhondiram Appa Hatkar Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : 1987(3)BomCR656; (1987)89BOMLR533; 1987MhLJ1046

..... provisions of section 57(1) as well as the provisions of section 59 make it abundantly clear that the externing authority must have in its possession material with regard to the activities of the proposed externee after the convictions in question, on the basis of which the authority will have reasons to believe that the person concerned is likely to engage himself ..... act, 1962, or(v) of an offence under section 4, or for accepting bests in any public street, or thoroughfare or in any place to which the public have or are permitted to have access, or in any race course under clause (a) of section 12 or under section 12-a of the bombay prevention of gambling act, 1887, or(b) twice or more of an offence under the bombay prohibition act, 1949 not being on offence under sections 65, 66-a or 68 or(ba) twice or more of an offence under section 3 or 4 of the railway property (unlawful possession) act ..... reasonably infer that the detenue must be habitually engaged in such activity or there may be other circumstances set out in the grounds or detention from which the detaining authority could reasonably be satisfied even on the basis of one ground that unless the detenu is detained he might indulge in such activity in future but here the only ground alleged against the ..... several circumstances have been set out which might go to suggest that the petitioner is habitually indulging in criminal activity and some instances have also been set out by the district magistrate in the counter-affidavit. .....

Jagrajsing Vs. Anglo American Marine Co. Ltd. and anr.

Court : Mumbai

Reported in : 2000(4)ALLMR132; [2000(86)FLR894]; (2001)IIILLJ825Bom

..... he could not have told the company to pay him wages as he had already come up to the gate of the factory but was unlawfully prevented by the respondent. ..... the petitioner challenged the order of dismissal being illegal, improper and an act of victimisation; he being an active trade union worker. ..... it can, however, be never said that a workman with a long meritorious and clean service gets a licence to commit any (sic) serious act of misconduct and get away with any punishment merely because his past record was clean. ..... according to him, when the order of dismissal was passed by the company for two acts of misconducts, out of which one has failed, the order of dismissal should not stand. ..... he further alleged against the company that he was tried to be victimised and maligned as he was an active trade union worker. ..... to assault the co-workman is no trade union activity. ..... the workman cannot indulge in such acts of violence to justify their strike. ..... the petitioner was, thus, charged of misconducts of having committed the acts of violence, riotous and disorderly behaviour having a bearing on the working of the factory and commission of an act subversive of discipline. ..... after recording the aforesaid findings the labour court has considered the question of punishment under section 11-a of the industrial disputes act in its part-11 award. ..... the labour court, in its part-11 award, has held that the punishment of dismissal warranted interference under section 11-a of the industrial disputes act, 1947. .....

Rajwardhan Babaso Patil and Others Vs. Vijaysinha Jadhav and Others

Court : Mumbai

..... only noted the want of improvement in the behaviour of the petitioners despite preventive action and, on this basis, the appellate authority has concluded that the show cause notice under section 59 of the bombay police act, 1951 and the externment order under appeal were unambiguous. ..... took us through the affidavits in reply in both petitions, submitting that given the criminal activities and antecedents of the petitioners, action under section 55 of the bombay police act, 1951 was entirely justified. ..... the section is, first, the concerted or collective engagement by those who are sought to be externed in one or more of the offending acts; and, second, action taken collectively against every member of the gang or body of persons. ..... all the petitioners were joined together in a single externment order, one said to be under section 55, it was incumbent on the authorities to show that their actions were that of a gang or body of persons acting as such; and that these actions bear a temporal proximity to the externment order. 10. ..... specified in the section, there must be a gang or body of persons whose movement or encampment causes, or is calculated to cause, danger, alarm, or to give rise to a reasonable suspicion of unlawful designs by this gang or body of persons. ..... the raj gangs criminal activities, he submitted, are not confined to certain localities but are geographically dispersed; and, despite repeated warnings, cautions and action by the police, there has been no improvement in .....

Smt Munni W/O Kita @ Kesu Dhanvat Vs. State of Maharashtra and anr.

Court : Mumbai Nagpur

..... the orders dated 26/11/2010 and 14/01/2011 passed by the learned judicial magistrate in crime no.4280 of 2010, under section 3, 4,5,and 7 of the immoral traffic (prevention) act, 1956 ("pita" in short ) and the order dated 14/02/2011 passed by the learned sessions judge, nagpur in criminal appeal no. ..... (b) a magistrate before whom persons rescued under the immoral traffic (prevention) act, 1956 or found soliciting in a public place are produced, should, under section 17(2) of the said act, have their ages ascertained the very first time they are produced ..... (c) any juvenile rescued from a brothel under the immoral traffic (prevention) act, 1956 or found soliciting in a public place should only be released after an inquiry has been completed by ..... can appear before the child welfare committee on behalf of a juvenile produced before the child welfare committee after being rescued under the immoral traffic (prevention) act, 1956 or found soliciting in a public place. ..... immoral traffic (prevention ) act (104 of 1956) pita deals with trafficking in relation to prostitution that pertains to children below the ..... appearing for a pimp or brothel keeper is barred from appearing in the same case for the victims rescued under the immoral traffic (prevention) act, 1956." 6. ..... under the pita are required to be taken utmost care as they are likely to be driven to the same environment of red-light area and there is high risk that may be induced or coerced into unlawful sexual activity or flesh trade. .....

Gulam HusaIn Mirza Vs. Laxmidas Premji Alias Sagar Premji and anr.

Court : Mumbai

Reported in : 1984(1)BomCR520; 1984MhLJ215

..... ugar sain , while considering the act of that tenant against the provisions of the delhi and ajmer rent control act available in section 13(1)(j) thereof, found the tenant to be guilty of causing nuisance and/or annoyance when he prevented other occupants of the premises from using the bathroom and the latrine, which the other occupants were entitled to ..... 'the treatise further points out :'nuisance may be broadly divided into (a) acts not warranted by law or omission to discharge a legal duty, which acts or omissions obstruct or cause inconvenience or damage to the public in the exercise of rights common to all his majesty's subjects, (2) acts or omissions which have been designated or treated as nuisances by statue, (3) acts or omissions connected with he user or occupants of land which cause damage to another person in connection with the latter ..... 80 held that the act of the tenant with regard to the residential premises in boarding his worker as a pert of his business activity would be within the section 13(1)(c) of the act, because that reasonably abridges and diminished the ordinary comfort to which the occupiers of ..... as stated earlier, to be a nuisance, an act or omission must be such a that unlawful interferes with other persons' use, enjoyment or entitlement of ..... winifields's proposition that the nuisance is the unlawful interference with a person's use of enjoyment of land, or some right over or in connection with it was cited with approval and was further affirmed in other .....

Metal Box India Limited Vs. Association of Engineering Workers Union a ...

Court : Mumbai

Reported in : 2002(1)BomCR545; [2001(91)FLR469]; (2002)IVLLJ946Bom

..... according to the employer, the workmen had resorted to unlawful activities as a result of which on february 8, 1994, operations ..... was held to be in the teeth of well settled principles of law, the necessary consequence is that the workmen had been prevented from seeking work as a result of an unlawful undertaking and must be entitled to consequential relief in regard to the payment of wages.5. ..... arose out of a complaint filed under the provisions of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971, by the association of engineering workers which is the first respondent in writ petition ..... relationship inter se between the provisions of the industrial disputes act, 1947 and the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 has been considered by a judgment of a learned ..... under the provisions of section 25 of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971, an employer of an undertaking is entitled to make a reference to the labour court for a declaration that the strike is illegal, just as the union may seek ..... from this consideration, the learned judge held that even assuming that the employer had succeeded in proving that there were acts of violence, indiscipline and damage to property, the employer could have been justified in asking for an undertaking from those ..... was a foreman employed by the company since 1967 and on the date of the deposition, a .....

Mrs. Nakshatram Kanakraj Nadar Vs. the Commissioner of Police and anr.

Court : Mumbai

Reported in : 2005(1)MhLj465

..... petition has been filed by the wife of the detenu, kanakraj pal nadar, who was detained under the provisions of the maharashtra prevention of dangerous activities of slumlords, bootleggers, drug offenders and dangerous persons act, 1981 (hereinafter called as 'the mpda act'), challenging the order of detention dated 26th september 2003 issued by the commissioner of police, greater bombay under section 3(1) of the said act.2. ..... to the said explanation the public order shall to deemed to have been affected adversely, or shall be deemed likely to be affected adversely inter alia, if any of the activities of the detenu directly or indirectly is causing or calculated to cause any harm, danger or alarm or a feeling of insecurity, among the general public or any section thereof.7 ..... said case was under the provisions of the gujarat prevention of anti-social activities act, 1985 i.e. ..... that since the detenu was in custody at the time when the order of detention was issued the impugned order is bad in law as there was no necessity of preventing the detenu from carrying on his activities when he was already in custody. ..... said submission cannot be accepted for the simple reason that it is not the requirement of law that the activities of the detenu should actually cause any harm, danger, alarm or a feeling of insecurity among the general ..... the motive or object for committing such offences is unlawful gain which can be achieved by committing robbery against any person and not against a specific .....

Harish Patil Vs. The State of Maharashtra and Others

Court : Mumbai

..... it is further submitted that all the offences referred in paragraphs 5.1 to 5.4 of the detention including statements of two in-camera witnesses, demonstrates the prejudicial activities of the detenu whereby due to illegal and unauthorized act of the detenu, the water level of river girna was adversely affected resulting into scarcity of drinking and agricultural water reserved in the river girna for the general public in the vicinity. ..... considering the overall material placed before me by the sponsoring authority, i was subjectively satisfied that the activities of the detenu were prejudicial to the maintenance of public order and in order to prevent the detenu in further indulging in such prejudicial activities in future, i issued the order of detention against the detenue. ..... by means of this writ petition filed by the friend of the detenu, the detention order passed by respondent no.2 district magistrate, jalgaon, under the maharashtra prevention of dangerous activities of slumlords, bootleggers, drug offenders, dangerous persons, video pirates, sand smugglers and persons engaged in black marketing of essential commodities act, 1981 is being challenged. ..... it is sufficient if from the material available on record the detaining authority could reasonably feel satisfied about the necessity for detention of the persons concerned in order to prevent him from indulging in activities prejudicial to the maintenance of public order. .....

Arjun Balkrishna Sonavane Vs. The State of Maharashtra

Court : Mumbai

..... relevant material, the detaining authority has stated that after carefully scrutinizing and after going through the entire material placed before it, the detaining authority was subjectively satisfied that the activities of the detenu were prejudicial to the maintenance of public order and that the detenu is a dangerous person, hence, with a view to prevent the detenu from acting in similar prejudicial activities in future, the detaining authority issued the order of detention on 12.10.2015. ..... case of olia mallick (supra), it was held that since the activities of the petitioner marked him out as a member of a gang indulging systematically in the cutting of aluminium electric wire, the district magistrate could have been very well satisfied, even after a lapse of 5 months; that it was necessary to pass the detention order to prevent him from acting in a manner prejudicial to the maintenance of the supply of electricity. ..... detention order has been passed in exercise of the powers under section 3(1) of the maharashtra prevention of dangerous activities of slumlords, bootleggers, drug offenders, dangerous persons and video pirates act, 1981 (no. ..... the time when the order is made or the live link between the prejudicial activity and the purpose of detention is snapped depends on the facts and circumstances of ..... 1981) (amendment- 1996 and 2009) (hereinafter referred to as the "mpda act") as the detenu is a dangerous person whose activities are prejudicial to the maintenance of public order. .....