Judgment Search Results Home > Cases Phrase: unlawful activities prevention amendment act 2008 Court: orissa Page 1 of about 80 results (0.061 seconds)

Sarat Chandra Behera and Others Vs. State of Orissa

Court : Orissa

..... sincere steps were taken to pacify the mob restraining them from such unlawful activities. ..... , police submitted charge-sheet against gobinda tarai and 18 others for the offence under sections 147/148/ 307/341 /427/323 /336 /337 /332/188/149, ipc and section 7 of criminal law amendment act read with section 3 of pdp act, on the basis of which, the learned j.m.f.c. ..... on the basis of the investigation, 11 accused persons were arrested and cognizance of offence under sections 147/148/ 307/341 /427/323 /336 /337 /332/188/149, ipc and under section 7 of criminal law 4 amendment act read with section 3 of pdp act was taken. ..... case no.438 of 1995 taking cognizance of the offences under sections 147/148/307/341/427/ 323/336/337/332/ 188/149, ipc and under section 7 of criminal law amendment act read with section 3 of pdp act 2. ..... were on cordon duty in front of tahasil office building and rest of the 4 apr staffs were on two gates to prevent the mob from entering inside the tahasil office. ..... was promulgated 3 announcing that the mob was unlawful and warned them to disperse. ..... as a preventive measure, order under section 144 cr.p.c. .....

Subodha Mohanta @ Subrat Kumar Mohanty Vs. State of Orissa and Another

Court : Orissa

..... , section 7 of the criminal law amendment act, sections 25/27 of the arms act and section 13 of the unlawful activities (prevention) act, 1967. ..... (v) town ps case no.29 dated 28.01.2011 under section 143/147/148/427/307/120(b)/153(a)/149 ipc/7 crla act/3 prevention of damage to public property act, 1984/13 of the unlawful activities (prevention) act, 1967. ..... the district magistrate on perusal of the records placed before him came to the conclusion that the detenu is a diehard antisocial and started his criminal activities since 2008 and has been persistently indulging in antisocial activities prejudicial to the maintenance of public order in balasore town police station area. ..... from the above, series of cases instituted against the petitioner-detenu, we find that in ps case no.739 dated 31.12.2008 and ps case no.27 dated 28.01.2011 the activities of the petitioner-detenu are prejudicial to the maintenance of the public order in the concerned locality. ..... for proper appreciation of the facts, it is necessary to take brief notes of those incidents which are reproduced hereunder:-(i) town ps case no.739 dated 31.12.2008 under sections 147/148/436/294/506/149 ipc/3 sc/st pa act. ..... on 30.12.2008 nigh at about 11 pm the petitioner-detenu and his associates being armed with deadly weapons terrorised the villagers of dinamardinga, abused them in obscene languages and set fire the house of the complaint dhiren senapati of .....

Manda Marandi and ors. Vs. State of Orissa

Court : Orissa

Reported in : 105(2008)CLT210; 2008(I)OLR421

..... section 7 of the criminal law (amendment) act and issuing process against the petitioners ..... 7 of the criminal law (amendment) act, which was subsequently registered as ..... it would be an abuse of process of the court, to allow any action which would result in injustice and prevent promotion of justice, in exercise of the powers court would be justified to quash any proceeding if it finds that initiation/continuance of it amounts to abuse of the process of court or quashing of these proceedings would otherwise serve the ..... circumstances under which the inherent jurisdiction may be exercised, namely, (i) to give effect to an order under the code (ii) to prevent abuse of the process of court, and (iii) to otherwise secure the ends of justice. ..... following categories of cases by way of illustration wherein such power could be exercised either to prevent abuse of the process of the court or otherwise to secure the ends of justice. ..... to 30 led by charima uhagarai, president, nari srimei samaj, brahmanposi entered inside the office premises without any intimation, squatted in front of the office chamber of the collector and district magistrate, mayurbhanj by forming an unlawful assembly and obstructed entry into the office and caused intimidation. ..... further, they continued with their un-lawful activities and obstructed collector from leaving his office and further, when the collector returns to his office chamber, they squatted in front of the entrance to his office chamber and started giving .....

T.R. Chemicals Ltd. (Unit-ii) and anr. Vs. State of Orissa and anr.

Court : Orissa

Reported in : AIR2008Ori126; (2008)106CALLT26(NULL)

..... chemicals limited (unit-ii) in this writ application seeks to challenge the order dated 25.5.2007 (annexure-4) directing suspension of its licence for storage and transportation of minerals under section 6 of the orissa minerals (prevention of theft, smuggling and other unlawful activities) act, 1989 (in short 'orissa act, 1989') apart from the challenge to the order dated 18.06.2007 (annexure-6) directing cancellation of the petitioner's licence in purported exercise of power under section 7 of the orissa act, 1989. ..... mohanty submitted that whereas the petitioner does not question the legislative competence to legislate the orissa act, 1989 at the time of its legislation, yet, after promulgation of the mines and minerals (regulation and development) amendment act, 1999 (act 38 of 1999) by the union legislature with effect from 20.12.1999, all aspects of storage, transportation etc. ..... that judgment of this court was not challenged by the state and therefore, in view of the above conclusive finding of this court, since the mmdr act was amended since 18.12.1999 and by the said amendment, similar provision as contemplated in the state act, 1989 and 1990 rules, having been provided in the central act, 1957, this court has clearly declared that the said provision of the state act became inoperative on and from the said date i.e. .....

Guru Charan Singh Vs. State of Orissa

Court : Orissa

Reported in : 2005CriLJ4248; 2005(II)OLR239

..... 2005 for the offence under sections 379/411/34, ipc read with section 12 of the orissa minerals (prevention of theft, smuggling and other unlawful activities) act (hereinafter referred to as 'the act') giving rise to the aforesaid g.r.case.3. ..... where an authorised officer or a police officer has seized any tool, vehicle or other conveyance under section 16 of the act and reported about such seizure to the magistrate having jurisdiction to try the offence on account of which the seizure has been made may release the same in favour of the owner thereof on execution of ..... standing counsel submitted that the competent authority appointed under section 5 of the act alone is authorised under section 17 of the said act to release any tools, vehicle or other conveyances seized, in interim custody of ..... held that where a police officer seizes any property and makes a report of such seizure to the magistrate having jurisdiction to try the offence, in connection with which the property is seized under section 16 of the act, the magistrate can release the said property in interim custody of the owner thereof. ..... the criminal court has no such authority.section 17 of the act reads as follows :power to release property seized on bond-the competent authority, who has seized any tools, vehicles or other conveyances under section 16 and where a report of such seizure has been made ..... the provision of confiscation contained under section 16 of the act is incorrect and accordingly, the same is set aside.13 .....

Satpal Singh Vs. State of Orissa

Court : Orissa

Reported in : 2005(II)OLR255

..... for the offence under sections 379/411/34, ipc read with section 12 of the orissa minerals (prevention of theft, smuggling and other unlawful activities) act (hereinafter referred to as 'the act'), giving rise to the aforesaid g.r. ..... where an authorised officer or a police officer has seized any tool, vehicle or other conveyance under section 16 of the act and reported about such seizure to the magistrate having jurisdiction to try the offence on account of which the seizure has been made may release the same in favour of the owner thereof on execution ..... standing counsel submitted that the competent authority appointed under section 5 of the act alone is authorised under section 17 of the said act to release any tools, vehicle or other conveyance seized, in interim custody ..... that where a police officer seizes any property and makes a report of such seizure to the magistrate having jurisdiction to try the offence, in connection with which the property is seized under section 16 of the act, the magistrate can release the said property in interim custody of the owner thereof. ..... because of the provision of confiscation contained under section 16 of the act.being aggrieved with the said order, the petitioner has preferred this ..... the criminal court has no such authority.section 17 of the act reads as follows :power to release property seized on bond - the competent authority, who has seized any tools, vehicles or other conveyances under section 16 and where a report of such seizure has been .....

Manguli Muduli and ors. Vs. State of Orissa and anr.

Court : Orissa

Reported in : 2000CriLJ4176

..... - this section does not extend to the act of any person who in good faith believes himself to be the father of an illegitimate child, or who in good faith believes himself to be entitled to the lawful custody of such child, unless such act is committed for an immoral or unlawful purpose.the above quoted provisions of law does not leave any doubt that a girl until completing her eighteenth year, shall be regarded as a minor so far as the offence of kidnapping ..... the parties being 'hindu' by religion reference if made to section 4(a) of 'the hindu minority and guardianship act, 1956 it provides that-(a) 'minor' means a person who has not completed the age of eighteen years. ..... in that connection reference may be made to second part of section 3 of the indian majority act, 1875 which provides that-subject as aforesaid, every other person domiciled in india shall be deemed to have attained his majority when he shall have completed his age of eighteen years ..... , exceptional circumstances to prevent abuse of the process of any court or failure of ends of justice or to give effect to any order under ..... activities due to such blindness of cupid, if are against the established principles and social norms and that make out a heinous offence like kidnapping, should that be ignored because of the sympathy due to marriage ..... the state which prosecutes does not act as a tradesman or a businessman to count the loss and profits and accordingly to pursue or not to pursue a case calculating the net result .....

Banka Das, Vs. State of Orissa

Court : Orissa

Reported in : 1993CriLJ442; 1992(II)OLR395

..... in the case before the supreme court even suspected involve not under the unlawful activities (prevention) act and the' assam maintenance of public order (autonomous districts) act was not considered to be affording sufficient justification to curtail the man's liberty. ..... of original jurisdiction unless the case is committed to it by a magistrate under the code, has come to the conclusion that even though by virtue of the transitional provision, the offence committed under the act on or after the commencement of the narcotic drugs and psychotropic substances (amendment) act, 1988 can be tried by a court of session until a special court is constituted under section 36, but the court of session can exercise the said power only when the case-is committed ..... supreme court in the aforesaid case have come to the conclusion that the powers of the high court to grant bail under section 439 of the code of criminal procedure are subject to the limitations contained in the amended section 37 of the n.d.p.s, act and the restrictions placed on the powers of the court under the said section are applicable to the high court also in the matter of granting bail. ..... they said that it would be for the legislature to amend the act and not for the court to intervene by its innovation.during the last several years the 'golden rule' has been given a go-by. ..... in the light of certain difficulties faced in the enforcement of the act, the need to amend law to further strengthen it was felt necessary. .....

U.K. Mahapatra and Co. Represented by Its Partner Sri Sudhansu Ranjan ...

Court : Orissa

Reported in : (2009)221CTR(Ori)328; [2009]308ITR133(Orissa); [2009]176TAXMAN293(Orissa)

..... the taxation laws (amendment) act, 1975, which came into force with effect from 01.10.1975 brought in a new provision by which powers under section 133a were enlarged and the scope of amendment was explained clearly vide board ..... be communicated to the concerned person who is bound to be materially prejudiced because of such impounding and retention of books of account.admittedly, in the present case even though the books of account and other documents were impounded on 28.5.2008 and retained beyond ten days, the petitioner has not been communicated till date, the dgit's approval and reasons recorded for approving the same. ..... stated in paragraphs 7 to 10, the survey operation under section 133a, in the petitioner's premises, impounding of books of account/documents on 28.5.2008 and retention of the same till date being made illegally without following the procedure as laid down in section 133a of the i.t. ..... petitioner shall also not be right in his duty to prevent or non-co-operate the statutory authorities while they are discharging their ..... : [1992]196itr243(all) , the allahabad high court observed as follows:however, as the authorities under the it act are the custodians of public money and they have to perform their duties in goal faith in accordance with law and the procedure prescribed which rules out any vindictive or malicious action or misuse of ..... such expeditious communication, any further retention of seized books of account or other documents would become invalid and unlawful. .....

Manoj Kumar SwaIn Vs. State of Orissa and ors.

Court : Orissa

Reported in : 2005(II)OLR672

..... therein to dispose of the application of the petitioner dated 30.4.2005 filed under section 17 of the orissa minerals (prevention of theft, smuggling and other unlawful activities) act, 1988 (hereinafter referred to as 'the act') within a period of two weeks from the date of receipt of certified copy of the said order from ..... we further find that the orissa minerals (prevention of theft, smuggling and other unlawful activities) rules, 1990 which have been framed pursuant to the power of the state government under section 37 of the act provide for compounding of the offences by the competent authority ..... that the said order passed by the competent authority-deputy director, mines, sambalpur under section 16 (3) of the act annexed as annexure-5 to the writ application being wholly illegal and having been passed without following due process of law inasmuch as without giving any opportunity to the petitioner as per the provisions of the act for proving his case, is liable to be quashed and he is also entitled to an order for release of ..... in spite of the said specific order passed by this court to dispose of the application filed by the petitioner under section 17 of the act for release of the seized truck in his favour, the authority under the act without disposing of the said application and misinterpreting the order of this court passed orders under section 16 (3) of the said act directing confiscation of the truck alongwith the alleged quantity of coal found therein.4. mr. b. p. .....