Judgment Search Results Home > Cases Phrase: unlawful activities prevention amendment act 2008 Page 7 of about 10,480 results (0.169 seconds)

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). ..... 11 the uap act was substantially amended by act 35 of 2008. ..... 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. .....

Mehid Masroor Biswas Vs. The State of Karnataka, By Gangammanagudi Pol ...

Court : Karnataka

..... that the government of india has officially banned this terror group under the unlawful activities (prevention) act and a notification was also issued to that effect by the ministry ..... prosecution along with the charge sheet go to show that there are reasonable grounds to believe that the accusation made against the accused under section 13(1)(b), 18 and 39 of the unlawful activities (prevention) act, 1967 are prima facie true. ..... station of yeswanthpura sub-division, bangalore city against this petitioner in crime no.218 of 2014 for the offences punishable under section 66(f) of information technology act, 2000; under section 125 of the indian penal code; and under sections 18, 13, 39 of unlawful activities (prevention) act, 1967. 2. ..... police station, bangalore for the offence punishable under sections 121, 124a, 125, 153a and 505 of the indian penal code and section 13(1)(b), 18b, 39 of unlawful activities (prevention) act, and section 66f of information technology, act.) 1. ..... of india also cannot be accepted since the united nations organisation itself has banned it in the year 2007 thereby the organization is a terrorist organization falling at sl.no.28 and 33 of the schedule to unlawful activities (prevention) act, 1967. ..... banned organization listed in the schedule to the united nations prevention and suppression of terrorism (implementation of security council resolutions) order, 2007 made under section 2 of the united nations (security council) act, 1947 amended from time to time. .....

Nikesh Tarachand Shah Vs. Union of India

Court : Supreme Court of India

..... in part a, offences under sections 489 a and b of the indian penal code, relating to counterfeiting were added and offences under the explosive substances act, 1908 and unlawful activities (prevention) act, 1967, which dealt with terrorist activities, were added. ..... according to learned senior counsel, this classification was maintained right until the amendment act of 2012, which then incorporated part b offences into part a of the schedule, resulting in offences under 26 acts, together with many more offences under the indian penal code, all being put under part a. ..... in answer to shri rohatgi s argument on the object of the 2012 amendment act, according to the learned attorney general, it is well settled 21 that where the language of the act is plain, no recourse can be taken to the object of the act and he cited a number of judgments for this proposition. ..... in addition, such lumping together of disparate offences would have no rational relation to the object sought to be achieved by the amendment act of 2012, that is to obviate the rs.30 lakh limit qua part b offences, and it would violate article 14 on this ground as well. ..... shri rohatgi s alternate argument, namely, that if section 45 were not to be struck down, the 2012 amendment act should be read down in the manner indicated in gorav kathuria v. .....

People's Union for Civil Liberties and Anr. Vs. Union of India (UOi)

Court : Supreme Court of India

Reported in : AIR2004SC456; 2004(1)CTC241; JT2003(10)SC70; 2003(10)SCALE96; (2004)9SCC580

..... as it takes away the fundamental rights of an organization under articles 14, 19(1)(a) and 19(1)(c) of the constitution; that under section 18(2) of the act, the central government has been given unchecked and arbitrary powers to 'add' or 'remove' or 'amend' the schedule pertaining to terrorist organizations; that under the unlawful activities (prevention) act, 1967 an organization could have been declared unlawful only after the central government has sufficient material to form an opinion and such declaration has to be made by a notification wherein ..... a case was registered against the petitioner under section 13(1)(a) of the unlawful activities prevention act, 1967, section 21(2) and (3) of the prevention of terrorism act, 2002 (pota) read with sections 109 and 120b of the indian penal ..... the anti-terrorist statutes - the earlier terrorism and disruptive activities (prevention) act, 1987 (tada) and now pota do not define 'terrorism' but only 'terrorist acts. ..... various sub-sections are penal provisions and should be strictly construed both in their interpretation and application; that on a true interpretation of the act having regard to the well settled principles of interpretation section 21 would not cover any expression or activity which does not have the element or consequence of furthering or encouraging terrorist activity or facilitating its commission; that support per se or mere expression of sympathy or arrangement of a meeting which is not intended or designed .....

Najir Khan Vs. State of Manipur and ors.

Court : Guwahati

..... returning back to the facts of the present case, we have already noted earlier that the order of preventive detention was passed within a week of arrest of the detenu under unlawful activities (prevention) act. ..... 72(8) 2007 under section 20 of the unlawful activities (prevention) act. ..... grounds of detention severable--where a person has been detained in pursuance of an order of detention whether made before or after the commencement of the national security (second amendment) act, 1981 under section 3 which has been made on to or more grounds, such order of detention shall deemed two have been made separately on each of such grounds and accordingly--(a) such order shall not be deemed to be invalid or ..... at this stage, it may be mentioned here that as per state amendment of section 167 of the code of criminal procedure, an accused could have been detained injudicial custody for a period of 180 days, for the offences alleged in the criminal case. ..... this central law came to be amended in the year 1984 inserting section 5-a. ..... under this amended provision, a person can be detained on more than one ground, which are mutually severable. .....

Devendar Gupta and Ano Vs. National Investigation Agency, Rep. by M

Court : Andhra Pradesh

..... note of the contentions of the parties and dismissed the application with the following observation: "....since this court has already taken cognizance for the offences under sections 13, 5 read with sections 16, 18, 19, 23 of unlawful activities (prevention) act, 1967 as amended in the year 2008, it is deemed that this court has already come to the conclusion that there are reasonable grounds to believe that the accusations against the petitioners are prima facie true. ..... in turn, filed another charge sheet on 16-05-2011 alleging certain offences under various provisions of law, including the provisions of the unlawful activities (prevention) act, 1967, (for short 'the act').there is some uncertainty as regards array of the accused. ..... therefore, in view of the provision to sub section 5 to section 45 (d) of unlawful activities (prevention) act, 1967, even though, the petitioners are in judicial custody since more than two years.they are not entitled ..... fact that the sessions court has not considered the parameters for grant of bail and did not apply its mind to the other considerations set out above including the provisions of the unlawful activities (prevention) act, 1967, the impugned order is set aside...". ..... and another3, relied upon by the learned special public prosecutor; is a case, which arose under the terrorist and disruptive activities (prevention) act, 1987, and where the arms and ammunitions used in the terrorist activities were recovered, at the instance of the accused. .....

Rambeer Shokeen vs.state of Nct of Delhi

Court : Delhi

..... the unlawful activities (prevention) act, 1967 (uapa), by its section 43-d, has also brought in similar amendment to section 167(2) cr.p.c. ..... by sub-section (4) of section 9 of the terrorist and disruptive activities (prevention) act, 1987 (act 28 of 1987), sub-section (4) of section 23 of the prevention of terrorism act, 2002(act 15 of 2002),section 3 of the maharashtra control of organized crimes act, 1999 as extended to the national capital territory of delhi, section 14 of the scheduled castes and scheduled tribes (prevention of atrocities) act, 1989 (act 33 of 1989), section 5-b of the suppression of unlawful act against safety of civil aviation act, 1982 (act 66 of 1982), section 6-a of the anti-hijacking act, 1982 (act 65 of 1982), sub-section(2) of section 36 of the narcotics drugs ..... in sanjay dutt (supra), a case under terrorist and disruptive activities (prevention) act, 1987 (tada), a constitution bench of the supreme court held that upon default on the part of the investigating agency to complete the investigation within the prescribed period, the indefeasible right of the accused to be released on bail .....

Sunderlal Patwa Vs. Union of India (Uoi) and ors.

Court : Madhya Pradesh

Reported in : AIR1993MP214

..... reference has also been made by him to the dilemma of the chief minister due to the ban on rss imposed under the provisions of the unlawful activities (prevention) act, 1967. ..... it may also be taken note of, as a settled legal position, that as the bar to judicial review imposed by the foregoing clause (5) in article 356 of the constitution was repealed by forty fourth amendment act, 1978, it can be held that the presidential proclamation is open to judicial review on the ground of illegality, irrationality, impropriety or mala fide or, in short, on the ground of abuse of power. ..... that decision was rendered by the supreme court prior to forty fourth amendment to the constitution when clause (5) introduced to article 356 of the constitution by the thirty eighth amendment act, 1975 was in force, which barred judicial review of proclamation under article 356 of the constitution on any ground. ..... union of india, air 1982 sc 710, that 'the 44th constitution amendment act leaves no doubt that judicial review is not totally excluded in regard to the question relating to the president's satisfaction. ..... this is the effect of the lifting of the bar on judicial review by deletion of clause (5) of article 356 by the 44th amendment act which was introduced by 38th amendment act to the constitution.31. ..... the andhra pradesh decision (supra) is to some extent helpful but is a case prior to 44th amendment act of the constitution and is also distinguishable on facts. .....

Farhan Shaikh vs.state (National Investigation Agency)

Court : Delhi

..... appellant has accepted his conviction for the offences punishable under section 120b ipc and section 18, 20, 38 and 40 of the unlawful activities prevention act, 1997 (as amended).3. ..... page 13 of 49 bail application, the high court would not be able to ignore the limitations imposed on the power to grant bail by the proviso to section 43d(5) of the unlawful activities prevention act. ..... of limitation to file an appeal under section 14a(3) of the sc/st (prevention of atrocities) amendment act, 2015, (hereinafter referred to as the sc/st act) is ninety days. ..... page 43 of 49 provision of section 14a of sc/st (prevention of atrocities) amendment act,2015 (supra).83. ..... now turn to the decision of the full bench of the allahabad high court in in re provision of section 14a of sc/st (prevention of atrocities) amendment act,2015 (supra). ..... submits that the full bench of allahabad high court in in re provision of section 14a of sc/st (prevention of atrocities) amendment act, 2015, wp (crl. ..... present appeal has been preferred by the appellant under section 374 and 375 code of criminal procedure, 1973 (the code) read with section 21 of the national investigation agency act, 2008 (the nia act for short). ..... secretary, irrigation department, (2008) 7 scc169 wherein the supreme court considered whether section 5 of the limitation act could be invoked in respect of an application under section 34 of the arbitration and conciliation act. ..... state of punjab, (2008) 16 scc417 wherein the supreme court observed: .....

Subhashree Das @ Milli. Vs. State of Orissa and ors.

Court : Supreme Court of India

..... 8 dated 14.1.2010 was registered at police station balugaon under sections 120b, 121, 121a, 124a read with section 34 of the indian penal code, section 17 of the criminal law (amendment) act, section 63 of the indian copyright act, 1957, and sections 10, 13, 18 and 20 of unlawful activities (prevention) act, 1967. ..... the material would thereupon be used for subversive activities in different parts of orissa. 4. .....