Judgment Search Results Home > Cases Phrase: unlawful activities prevention amendment act 2008 Sorted by: recent Court: orissa Page 1 of about 80 results (0.063 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 .....

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. .....

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 .....

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 .....

Susanta Kumar Sahoo and Others Vs. Union of India and Others

Court : Orissa

..... modifying the decision of the high court dated 14.6.2011 on the said amendment act directed besides other things constitution of a committee of experts and the expert ..... chemistry laboratories as per the syllabus for class-viii and above and a well equipped and well furnished library rooms and other curricular activities and purposes like music room, audio visual room, craft room, indoor game, common room, auditorium hall, play ground, etc for ..... prevented ..... parent more than what is absolutely essential and, on the 11 other hand, it has to meet the variety of expenditure on different activities, tasks and programmes as illustrated therein so that education of high quality and for all round development of the children is imparted. ..... constitution of india read with the provisions of the persons with disabilities (equal opportunities, protection of right and full participation)act, 1995, right to children to fee and compulsory education act, 2009 and un convention on the rights of persons with disabilities ..... school education (amendment) act, 16 2011 amending section 3 of the 2010 act so that the ..... down the 2011 amendment act and issued direction to the state authorities to implement the provisions of act, 2010 commencing ..... this court set aside the hike in free structure as it was contrary to the provision of right to education act, 2009 and orissa education act, and the code framed thereunder. ..... act ..... amendment act ..... act provides the commencement date of the act ..... uniform system of school education act, 2010. .....

Nari@ Narasingh Mohanty Vs. Union of India and Others

Court : Orissa

..... was reliable material before the said authority on the basis of which it could have reason to believe that there was real possibility of his release on bail and being released he would probably indulge in activities, which are prejudicial to public order; (iii) necessity to prevent him for which detention order was required.19. ..... whereas i am satisfied after examining the material evidences submitted by the superintendent of police ganjam, chatrapur vide letter no.3220/ib dt.05.11.2013 that the criminal activities of nari @ narasingha mohanty aged about 30 years, s/o mag mohanty of bada sahi, humma ps: rambha dist: ganjam, is prejudicial to the ..... a nut-shell is that opposite party no.3- collector and district magistrate, ganjam on a proposal of the report of opposite party no.4-superintendent of police, ganjam in exercise of power under section 3(2) of the national security act, 1980 (for short, ns act ) passed the order of detention on 15.11.2013 directing detention of the petitioner-detenu in sub-jail, kodala until further orders. ..... efforts to refrain you, the agitators paid deaf ear to the approach of police and became more adamant and violent in continuing unlawful and nefarious activities. ..... of 2008 has ..... case no.61 dated 25.05.2008 was registered under sections 147/ 148/ 294/ 323/ 325/307/ ..... on 06.02.2008, one bipra sahoo of huma met with an accident on nh-5 near huma, by which the detenu along with his supports made rasta roka , thereby creating panic in the minds of the general .....

Mrs.N.Ratnakumari Vs. State of Odisha and Others

Court : Orissa

..... was inserted by the code of criminal procedure (amendment) act, 2008 (15 of 2009) which came into force with effect from 31.12.2009 along with other amendments in chapter v of cr.p.c.. ..... ; (d) initiates or negotiates any arrangement involving the making of any payment for the supply of, or for an offer to supply, any human organ; (e) takes part in the management or control of a body of persons, whether a society, firm or company, whose activities consist of or include the initiation or negotiation of any arrangement referred to in clause(d); or (f) publishes or distributes or causes to be published or distributed any advertisement,(a) inviting persons to supply for payment of any human organ; (b) offering to supply any human organ for ..... that such person has committed the said offence; (ii) (a) (b) (c) the police officer is satisfied that such arrest is necessaryto prevent such person from committing any further offence; or for proper investigation of the offence; or to prevent such person from causing the evidence of the offence to disappear or tampering with such evidence in any manner; or 19 (d) (e) (f) to prevent such person from making any inducement, threat or promise to any person acquainted with the facts of the case so as to ..... pravakar babu (hereinafter the detenue ) and has prayed for his release from the unlawful and illegal detention with a further prayer to quash the same.2. ..... ratnakumari has challenged the illegal arrest and unlawful detention of her husband dr. n. .....