Judgment Search Results Home > Cases Phrase: unlawful association Page 1 of about 31,802 results (0.025 seconds)

Ahmad Ali Akhtar and anr. Vs. Union of India (Uoi) and anr.

Court : Patna

..... , particularly section 2(b) which defines 'secession of a part of the territory, of india', 2(d) which defines 'secession of a part of the territory of india from the union' section 2(f) which defines 'unlawful activities' and section 2(g) (i) and (ii) which definess 'unlawful association', which i have quoted in details, i have no hesitation in holding that section 3(1) of the said act read with section 2(f) and 2(g) thereof cannot be challenged on the ground that restrictions imposed are ..... of individuals to bring about such cession or secession ;(ii) which disclaims, questions, disrupts or is inteneded to disrupt the sovereignty or territorial integrity of india ;(g) 'unlawful association' means any association-(i) which has for its object any unlawful activity, or which encourage or aids persons to undertake any unlawful activity, or of which the members undertake such activity ; or(ii) which has for its object any activity which is punishable under section 153a or section 153b of ..... if the notification under section 3(1) cannot under any circumstances be given effect to unless certain formalities regarding enquiry by the tribunal is complied with, it might serve the interest of a particular 'unlawful' association or the office-bearers or the individual members of the association concerned, but it will certainly not serve the interest of the general public or the interest of the sovereignty or integrity of india even when the question of urgency or emergency is involved and .....

Deendar Anjuman Represented by Its Secretary, Syed Siddique HussaIn Vs ...

Court : Andhra Pradesh

Reported in : 2001(2)ALD(Cri)373; 2001(4)ALT674; 2002CriLJ710

..... such cession or secession;(ii) which disclaims, questions, disrupts or is intended to disrupt the sovereignty and territorial integrity of india; (g) 'unlawful association' means any association---(i) which has for its object any unlawful activity, or which encourages or aids persons to undertake any unlawful activity, or of which the members undertake such activity; or(ii) which has for its object any activity which is punishable under section 153a ..... central government is also of the opinion that having regard to the activities of deendar anjuman as mentioned above, it is necessary to declare it as an unlawful association with immediate effect, and accordingly, in exercise of the powers conferred by the proviso to sub-section (3) of section 3, the central government hereby directs that ..... counsel that the reasons for declaring the petitioner association as unlawful by the central government in exercise of the power conferred by sub-section (1) of section 3 of the act and the reasons given in the notification issued declaring it as an unlawful association with immediate effect are one and the same. ..... therein and the order is published in the official gazette:provided that if the central government is of opinion that circumstances exist which render it necessary for that government to declare an association to be unlawful with immediate effect, it may, for reasons to be stated in writing, direct that the notification shall, subject to any order that may be made under section 4, have .....

Dr. Rajendra Prasad Agarwal Vs. Union of India and Another

Court : Allahabad

Reported in : AIR1993All258

..... on the plea that the recital of the words to the effect, 'that the central government is of the opinion that the circumstances exist rendering it necessary for the government to declare the rashtriya swayam sewak sangh as unlawful association with immediate effect' is not necessary in the impeached notification, which not to render the later part of the notification either defective, non-operative, or non est; inasmuch as according to him, the formation of opinion is implicit in such ..... 3 and the other under the proviso, and also severable, indicates that the earlier part contains recital to the effect 'that the central government is of the opinion that the rashtriya swayam sewak sangh is an unlawful association' whereas the later part of the notification referable to the power under the proviso does not contain the recital of the nature to the effect 'that the central government is of the opinion that the circumstances ..... learned counsel appearing for centralgovernment, at the out-set raised following objections regarding maintainability of the claim of the petitioner for interim relief;'one the petition not being on behalf of the rss, the unlawful association, the petitioner in his individual capacity, as one of the member of the rss, is not entitled to seek interim relief and, the other for the interim relief of the nature, the forum for redress, in case petitioner .....

V.G. Row Vs. the State of Madras

Court : Chennai

Reported in : AIR1951Mad147; (1951)IMLJ628

..... i must also mention the fact to which reference has been made by my learned brothers, namely, that when a person is charged under section 17 as being a member of an unlawful association within the meaning of section 15(2) (a), the established procedure of the criminal cts. ..... it is true that before a prosecution is launched under section 17 of the act, a member of an unlawful association is not arrested, but once a prosecution is launched, the criminal ct. ..... but it was contended that clause (b) of sub-section (2) of section 15 only defines an unlawful association & does not expressly confer any power on the govt. ..... a person who is accused of the offence of being a member of an unlawful association under section 15 (2) (a) has a right to be tried before a mag. ..... so soon as the declaration is published, the association becomes an unlawful association & its members are liable to be prosecuted & sentenced to imprisonment & fine under section 17 ..... the mere juxtaposition of the two parts of the definition of 'unlawful association' in section 15 (2) (a) & (b) of the act is by no means decisive ..... by contrast, a person charged as being a member of an unlawful association under section 15 (2) (b) cannot be heard to dispute the declaration by the govt ..... declaring 'a, b & others' an unlawful association when the association is nob known by a d stinctive name, & it would be open to the govt ..... published in the official gazette that an association or body of persons is unlawful makes it an unlawful association. .....

Union of India (Uoi) (Central Government) Vs. Students Islamic Movemen ...

Court : Delhi

Reported in : 99(2002)DLT147; 2002(63)DRJ563

..... argued that government could not claim privilege in public interest and withhold inputs received from its agencies, while declaring simi as an unlawful association and that no privilege could be claimed under section 123 read with section 162 of the evidence act in respect of such documents ..... argued that for the purpose of adjudicating whether or not there is sufficient cause for declaring simi as unlawful, the material collected by the central government after issuance of the notification dated 27th september, 2001, declaring simi to be an unlawful association, cannot be considered, as the same was not available before the appropriate authority when it took the ..... here the issue is whether simi is an 'unlawful association' as defined under clause (g) of section 2 of the act, which reads:2(g) 'unlawful association' means any association: (i) which has for its objects any unlawful activity, or which encourages or aids persons to undertake any unlawful activity, or of which the members undertake such activity; or (ii) which has for its object any activity which is punishable under section 153a or section 153b of the indian penal code, or which encourages ..... it would be a question of fact to be examined whether the material available before the government and placed before the tribunal is sufficient to hold the association as an unlawful association or to hold that the activities alleged are unlawful activities or not, as defined in sub-section (f) and (g) of section 2 of the act.24. .....

Emperor Vs. Gangubai Ramdas Khemji

Court : Mumbai

Reported in : (1931)33BOMLR319

..... from the judgment of the learned magistrate it appears that it is amongst the regular activities of the war council, which is an unlawful association, to engage in picketing cloth shops in order to persuade people not to buy foreign cloth, and that the methods of picketing employed by the war council were similar to those employed in this case by the accused. ..... i think there was, in this case, a sufficient connection between their acts and the operations of the unlawful association to justify an inference that they were assisting and intending to assist in its operations.7. ..... where such action coincides with the scheme adopted by the unlawful association itself for its operations, the natural inference is that the assistance was not fortuitous but designed, for we have a similarity of time, method and object all pointing to that end. ..... the question whether particular acts amount to assisting the operations of an unlawful association within the meaning of the section must always be one of fact to be determined in the circumstances of each case. ..... it is not necessary that the accused should be members of the unlawful association, or that they should be acting in co-operation with it or under its orders, or anything of that sort. .....

Amrit Kumar Bose Vs. State of Orissa and ors.

Court : Orissa

Reported in : 43(1977)CLT258; 1977CriLJ1169

..... pat-naik for the petitioner, exercise of jurisdiction under the provision is conditioned upon the premises being used for purposes of an unlawful association and though the satisfaction is subjective and is not open to scrutiny by the court, existence or non-existence of the facts upon which satisfaction can be reached is a matter which is open to ..... act provides :the state government may, by notification in the official gazette, notify any place which in its opinion is used for the purposes of an unlawful association.though in the writ application, there was a denial that the place was not toeing used for the purposes of the r. s. s. s., mr. ..... guards were mounted at the place in question as an interim measure so that the place will not be utilised for the purpose of unlawful association and for preventing circulation, printing and publication of any objectionable materials and to prevent removal and destruction of evidence.in the affidavit of the home secretary, which is said to be in addition to the earlier ..... was detained under misa and since it was confidentially learnt that the building in question was being used for the purposes of unlawful association, in order to prevent the premises for being used for unlawful association, steps were taken for mounting guards on 4-7-1975... ... ... ..... was so done to prevent circulation and printing of objectionable leaflets in the press and unlawful association as well as to prevent removal and destruction of evidence inside the premises of .....

State of Madras Vs. V.G. Row

Court : Supreme Court of India

Reported in : AIR1952SC196; 1952CriLJ966; (1952)IIMLJ135(SC); [1952]1SCR597

..... . section 17a, which confers power on the government to notify and take possession of places used for the purposes of an unlawful association, was amendment by the addition of sub-clauses 2 (a) and 2 (b) providing for a remedy, where such power was exercises, by way of application within thirty days of the notification in the official gazette to the chief judge of the small ..... . section 17e similarly empower the government to forfeit funds of an unlawful association'if it is satisfied after such enquiry as it may thing fit that such funds are being used or intended to be used for the purposes of an unlawful association'.the procedure to be followed in such cases is also prescribed ..... cause court of the district judge occurring as the place notified is situated in the presidency town or outside, for 'a declaration that the place has not been used for the purposes of any unlawful association' if such declaration is made, the government is to cancel the notification in respect of the place ..... . these is no amendment of section 17 which prescribes penalties by way of imprisonment or fine or both for membership or management of an unlawful association and for taking part in meeting of such association or muskeg, receiving or soliciting contributions for purposes thereof .....

P.Pugalenthi, Co-ordination Secretary, Tamil Nadu People Rights Forum. ...

Court : Chennai

..... (4) may, within 30 days from the date of the notification or order, make an application to the court of the district judge for declaring that the place has not been used for the purpose of unlawful association, and the court of district judge shall decide the same in accordance with law. 8. ..... inquiry in the manner specified in section 9 and after calling for such further information as it may consider necessary from the central government or from any office-bearer or member of the association, it shall decide whether or not there is sufficient cause for declaring the association to be unlawful and make, as expeditiously as possible and in any case within a period of six months from the date of the issue of the notification under sub-section (1) of section 3, such ..... empowers the central government to declare any association to be unlawful by issue of notification in the official gazette, if the central government is of the opinion that such an association has become an unlawful association. ..... after the association has been declared unlawful by a notification issued under section 3, the central government may issue prohibitory order for the use of funds of unlawful association. ..... respondent union of india issued a notification dated 17th may, 2010 under section 3(1) and proviso to section 3(3) of the unlawful activities (prevention) act, 1967 (act 37 of 1967) (hereinafter referred to as the act) declaring the liberation tigers of tamil eelam (in short ltte) as an unlawful association. .....

Gangubai Ramdas Khemji Vs. Emperor

Court : Mumbai

Reported in : 131Ind.Cas.470

..... may hold the opinion that indigenous goods only should be bought, and the sale of imported ones prevented even by resorting to picketing, and may act accordingly without consciously assisting an unlawful association thereby, though in fact such action may afford it indirect assistance, and we have had several examples of such a possibility pressed on our attention. ..... from the judgment of the learned magistrate it appears that it is amongst the regular activities of the war council, which is an unlawful association, to engage in picketing cloth shops in order to persuade people not to buy foreign cloth, and that the methods of picketing employed by the war council were similar to those employed in this ..... was, in this case, a sufficient connexion between their acts and the operations of the unlawful association to justify an inference that they were assisting and intending to assist, in its operations ..... where such action coincides with the scheme adopted by the unlawful association itself for its operations, the natural inference is that the assistance was not fortuitous but designed, for we have a similarity of time, method and object all ..... the question whether particular acts amount to assisting the operations of an unlawful association within the meaning of the section must always be one of fact to be determined in the ..... it is not necessary that the accused should be members of the unlawful association, or that they should be acting in co-operation with it or under its orders, or .....