Judgment Search Results Home > Cases Phrase: unlawful activities prevention amendment act 2008 Court: supreme court of india Page 4 of about 1,121 results (0.135 seconds)

Kodungallur Film Society Vs. Union of India

Court : Supreme Court of India

..... 5 act 1967 (prevention) issue a writ in the nature of mandamus, or any other i) appropriate writ, direction or order directing the respondents to explore the options of invoking the provisions of unlawful activities the outfits/groups/organizations which make brazen threats on film makers and artists, and indulge in systematic and organized acts of destruction and damage of property so as to achieve their unlawful ends by striking terror in society; j) please to issue any other writ or direction(s) or order(s) as the hon ble court ..... (1) this act may be called prevention of damage to public property (amendment) act, 2015. ..... (supra), and has advised the states to follow the same in its letter and spirit and also drafted a bill for initiating legislative changes in conformity 26 with the recommendations of this court, namely, the prevention of damage to public property (amendment) bill, 2015, which is currently being examined in consultation with the ministry of law and justice. ..... the court, after taking note of certain suggestions given by the committees appointed by the court inter alia recommended amendments to the prevention of damage to public property act, 1984 (for short the pdpp act ), criminal procedure code, 1973 and other criminal law statutes; and also set out guidelines to assess damages to property in the absence of a statutory 1 (2009) 5 scc2126 ..... bill reads as under: annexure 1 the prevention of damage to public property (amendment) bill, 2015 short title and commencement .....

State of Maharashtra and anr Vs. Indian Hotel and Retaurants Assn.and ...

Court : Supreme Court of India

..... rules made by the commissioner of police or the district magistrate under sub-section (1) of section 33 for the area under their respective charges, on and from the date of commencement of the bombay police (amendment) act, 2005,- (a) holding of a performance of dance, of any kind or type, in any eating house, permit room or beer bar is prohibited; (b) all performance licences, issued under the aforesaid rules by the commissioner of police or the district ..... sports club or gymkhana; or three starred or above hotel; or in any other establishment or class establishments which the state government may specify having regard to tourism policy for promotion of tourism in the state or cultural activities, are not barred but all such establishments shall be required to obtain performance licence in accordance with the said rules, for holding a dance performance.3. ..... children rescued from the dance bar(s) under immoral traffic (prevention) act, 1956; complaints of victims family against illicit relations with bar dancers; complaints of social organizations against dance bars; copies of first information reports of cases registered in relation to dance bars; summary of cases registered under pita act, 1956, under section 294 ipc, under section 33(w) & 110 of bombay police act, 1951 during the period 2000-2005 regarding dance bars.30. ..... this was a case whereby an act in pennsylvania made it unlawful for unnaturalised foreign born residents to kill wild game, except in defence of ..... (2008) .....

Kameshwar Prasad and ors. Vs. the State of Bihar and anr.

Court : Supreme Court of India

Reported in : AIR1962SC1166; 1962(0)BLJR499; (1962)ILLJ294SC; [1962]Supp3SCR369

..... 75, which was another case to which our attention was invited, one of the questions raised related to the validity of an act of congress (the hatch act, 1940) making it unlawful for the employees in the executive branch of the federal government to take part in political campaigns and making the same the basis for disciplinary departmental action. ..... (3) nothing in sub-clause (b) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the state from making any law imposing, in the interests of public order, reasonable restrictions on the exercise of the right conferred by the said sub-clause.' 17. ..... as regards these decisions of the american courts, it should be borne in mind that though the first amendment to the constitution of the united state reading 'congress shall make no law.... ..... 2) it would be seen that the rule prohibits two types of activities, both in connection with matters pertaining to the conditions of service (i) the holding of demonstrations, and (ii) resort to strikes to achieve the purpose indicated. ..... we do not find persuasion in appellants' argument that such activities during free time are not subject to regulation even though admittedly political activities cannot be indulged in during working hours. ..... the influence of political activity by government employees, if evil in its effects on the service, the employees or people dealing with them, is hardly less so because that activity takes place after hours...... .....

Bonkya Alias Bharat Shivaji Mane and Others Vs. State of Maharashtra

Court : Supreme Court of India

Reported in : AIR1996SC257; 1996(1)ALD(Cri)715; 1996CriLJ414; 1995(4)Crimes129(SC); JT1995(7)SC194; 1995(5)SCALE556; (1995)6SCC447; [1995]Supp4SCR89

..... offences under sections 302 307/149 324 147 148, and section 3 of terrorist and disruptive activities (prevention) act, 1987 (hereinafter referred to as 'tada') by the learned designated judge, pune. ..... the settled position that the provisions of section 3 of tada have been held to be constitutionally valid in kartar singh case and from the law laid down by this court in usmanbhai and niranjan cases, it follows that an activity which is sought to be punished under section 3(1) of tada has to be such which cannot be classified as a mere law and order problem or disturbance of public order or even disturbance of the even tempo of the life ..... (a-9) and 5 (a-11) had alongwith the deceased accused a-1 and some others, about whose identity there has been some doubt, formed an unlawful assembly and in furtherance of the common object of that assembly committed the murder of popat deceased besides causing injuries to pw9 and pw14 ..... statements and the infirmities already noticed, we are of the opinion that it cannot be said with any amount of certainty that the participation of a-10 in the assault or even his presence in the unlawful assembly at the time of the assault near jagdamba hotel or the math, has been substantiated. ..... a-7 and stated that they were present with the accused party but the trial court, for good and sufficient reasons found that his testimony as regards their presence in the unlawful assembly, had not received trustworthy corroboration from any other prosecution evidence. .....

State of Kerala and ors. Vs. Alasserry Mohammed and ors.

Court : Supreme Court of India

Reported in : AIR1978SC933; 1978(26)BLJR144; 1978CriLJ925; (1978)2SCC386; [1978]2SCR820

..... thus, although the rule is thought to deter unlawful police activity in part through the nurturing of respect for fourth amendment values, if applied indiscriminately it may well have the opposite effect of generating disrespect for the law and administration of ..... the act was very substantially amended by act 34 of ..... in each case you must look to the subject-matter, consider the importance of the provision and the relation of that provision to the general object intended to be secured by the act, and upon a review of the case in that aspect decide whether the enactment is what is called imperative or only directory.9. ..... these appeals by special leave the common and important question of law which falls for our determination is whether the non-compliance with the requirement of rule 22 of the prevention of food adulteration rules, 1955-hereinafter called the rules, framed under the prevention of food adulteration act, 1954. ..... justice had come to the conclusion on the facts of the case that no sample under the act had been procured and decided that section 108 did not prevent their hearing the case and that the supplier was entitled to the defence laid down by section 94(4) of the act. ..... will however, for the purpose of these appeals be referring to the provisions of the act as they stood before the said amendment. ..... our statute the ingredient of the offence is, as mentioned in the 7th section of the act, manufacturing for sale, storing, selling or distributing any adulterated food. .....

Union of India (Uoi) Etc. Vs. Rakesh Kumar and ors. Etc.

Court : Supreme Court of India

Reported in : JT2010(1)SC396; 2010(1)SCALE281

..... with -(i) the power to enforce prohibition or to regulate or restrict the sale and consumption of any intoxicant;(ii) the ownership of minor forest produce;(iii) the power to prevent alienation of land in the scheduled areas and to take appropriate action to restore any unlawfully alienated land of a scheduled tribe;(iv) the power to manage village markets by whatever name called;(v) the power to exercise control over money lending to the scheduled tribes;(vi) ..... the consolidated fund of the state, as also assignments to, or appropriation by, the panchayats of the revenues of designated taxes, duties, tolls and fees; setting up of a finance commission within one year of the proposed amendment and thereafter every 5 years to review the financial position of panchayats; auditing of accounts of the panchayats; powers of state legislatures to make provisions with respect to elections to panchayats under the superintendence, direction and control ..... the statement of objects and reasons appended to the constitution (seventy second amendment) bill, 1991 which was enacted as the constitution (seventy third amendment) act, 1992 reads as follows:though the panchayat raj institutions have been in existence for a long time, it has been observed that these institutions have not been able to ..... is also manifested through problems such as land-grabbing by non-tribals, displacement on account of private as well as governmental developmental activities and the destruction of environmental resources. .....

All India Federation of Tax Practitioners and ors. Vs. Union of India ...

Court : Supreme Court of India

Reported in : AIR2007SC2990; (2008)5CompLJ488(SC); (2007)211CTR(SC)449; 2007(120)ECC451; 2007LC451(SC); [2007]293ITR406(SC); JT2007(10)SC305; (2007)6MLJ1062(SC); 2007(10)SCALE178; 2007(7)SCC527

..... to provide necessary legal backup, the government introduced a new article 268a in the constitution in the year 2003 by constitution (eighty- eighth amendment) act, 2003, which provides that taxes on services shall be charged by union of india and shall be appropriated by union of india and the ..... shekhar, learned senior counsel for the department, placing reliance on judgments impugned of various high courts, submitted that 'service tax' was a tax on activities undertaken for consideration; that it was a tax on services and not on the service-provider; that the tax on profession was essentially a tax on the professional and, therefore, parliament had the legislative competence to levy ..... state of kerala reported in : [1982]1scr519 in which this court took the view that enactment of the medicinal act, 1955 by parliament under entry 84 list i does not prevent the state legislature from making a law under entry 8 list ii as entry 8 was a general entry whereas entry 84 list i was a ..... in that case, this court held, that, by enactment of medicinal act, 1955 by parliament under entry 84 list-i of the seventh schedule of the constitution or by the framing of rules by the central government thereunder for recovery of excise duty on manufacture of medicinal and toilet preparations containing alcohol, a state legislature is not prevented from making a law under entry 8 list ii with respect to intoxicating liquor or a law under entry 51 list ii levying excise duties on alcoholic liquors for .....

J.K. Industries Ltd. and anr. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : [2008]143CompCas325(SC); (2008)5CompLJ369(SC); (2007)213CTR(SC)301; [2008]297ITR176(SC); 2007(13)SCALE204; [2007]80SCL283(SC); 2007AIRSCW7443

..... 27).33. on the question of effect of section 211(3a), (3b) and (3c), learned counsel submitted that section 211(3a) cannot be read to imply that accounting standards have to be complied with even if they are inconsistent with the act or that they alter/amend any provisions of the companies act as regards section 211(3b), learned counsel submitted that any deviation from the accounting standards has to be qualified by the auditors which may lead to adverse consequences for the ..... and expenditure take place;(b) all sales and purchases of goods by the company;(c) the assets and liabilities of the company; and(d) in the case of a company pertaining to any class of companies engaged in production, processing, manufacturing or mining activities, such particulars relating to utilisation of material or labour or to other items of cost as may be prescribed, if such class of companies is required by the central government to include such particulars in the books of account:provided that all or any of the books ..... institute. similarly, nothing prevents the central government from adopting the standards issued by that institute as is the case in the present ..... institute. nothing prevents the central government from enacting its own accounting standards which may not be in consonance with the standards prescribed by the .....

Jawahar Singh @ Bhagat Ji Vs. State of Gnct of Delhi

Court : Supreme Court of India

Reported in : AIR2009SC2391; 2009CriLJ2860; JT2009(11)SC268; 2009(6)SCALE739; (2009)6SCC490:2009AIRSCW3221

..... gian singh : 1999crilj4315 wherein a three-judge bench of this court, while considering the provisions of the terrorist and disruptive activities (prevention) act, 1987 in regard to the question as to whether despite the fact that section 3(2)(i) of the terrorist and disruptive activities (prevention) act, 1985 having provided for imposition of death penalty, having regard to a saving clause contained in section 1(3) thereof mandating for a different outflow even after the expiry of the act, held:25. ..... at the relevant time.as on the date of commission of the offence and/- or the date of conviction, there was no distinction between a small quantity and a commercial quantity, question of infliction of a lesser sentence by reason of the provisions of the amending act, in our considered opinion, would not arise.it is also a well-settled principle of law that a substantive provision unless specifically provided for or otherwise intended by the parliament should be held to have a prospective operation. ..... karan singh bhati, learned counsel appearing on behalf of the appellant, would contend that the amending act being a beneficient legislation so far as an accused is concerned, the same will have a retrospective ..... court by an order dated 22.09.2008 issued a limited notice with regard to the question as to whether the quantum of sentence imposed upon the appellant was required to be considered having regard to the amendment carried out by the parliament in the year 2001 in the act.6. gp. .....

Vijaykumar Baldev Mishra @ Sharma Vs. State of Maharashtra

Court : Supreme Court of India

Reported in : AIR2008SC961; 2008CriLJ1409; JT2007(7)SC206; 2007(7)SCALE486; (2008)3SCC(Cri)362; 2008(1)KCCRSN13; ].2008AIRSCW492

..... the terrorist and disruptive activities (prevention) act, 1987 (hereinafter referred to as 'the act') stated initially in section 1(4) thereof that the said act will remain in operation for a period of two years from 24.5.1987, but thereafter by amendments from time to time the period of two years was extended to four years, then six years and lastly for eight years.4. ..... appellant, however, along with others, were also charged under terrorist and disruptive activities (prevention) act (hereinafter referred to as tada').2. ..... the writ petition is not maintainable in view of the fact that alternate and efficacious remedy by way of appeal is available to the prosecution is well founded.in all humility, in our opinion, a remedy of appeal under section 19 of the tada act is far more efficacious and better for all concerned than seeking exercise of writ jurisdiction of this court under article 226 of the constitution.yet another important aspect to be noted is that this very interveners in this ..... in fact, from the record it has also been seen that the provision of the said tada act also could not be said to be attracted as the said provision cannot be invoked nor could the activities be said to be disruptive activities as the said incident seems to have taken place because of the personal rivalry and as held by the hon'ble supreme court in the case of state v. .....