Court : Delhi
..... their action of non-processing of the application of petitioner no.2, the respondents made the allegations against petitioner no.1 that he is actively assisting leaders of national socialist council of nagaland (isak swu faction) which has been notified as an unlawful association under the unlawful activities (prevention) act, 1967 .11. ..... as by law established; or (c) that citizen has, during any war in which india may or communicated with an enemy or been engaged in, or associated with, any business that was to his knowledge carried on in such manner as to assist an enemy in that war; or (d) five years after registration or naturalisation, been sentenced in any that citizen has, within unlawfully engaged, be traded wp(c)no.1546/2014 page 32 of 51 country to imprisonment for a term of not less than two years; or (e) that citizen has ..... 4 thereof, he specifically traversed and refuted the allegations made against him in the said counter affidavit stating as follows : the allegations that the petitioner s husband (deponent) is associated with and assisting leaders of nscn (isaac swu faction) is totally false. ..... the counter affidavit merely contains a suggestion that petitioner no.1 was associated with some leaders of an organization of the nscn(i)(m) in bangkok and has been helping ..... as a result, this couple has been deprived from associating with their close family members and friends and compelled to live in foreign countries without a break till visas were issued to them in the present .....
Tag this Judgment!Court : Delhi
Reported in : 3(1967)DLT172
..... he submitted that sarvadaliya gau raksha maha abhiyan samiti is nto an unlawful association nor have any of its organisers and members been shown to have indulged in any unlawful activities or in inciting members of the public to acts of violence, which may in any manner be considered to be prejudicial to the maintenance of public order. .....
Tag this Judgment!Court : Delhi
1. whether reporters of local papers may no. be allowed to see the judgment?2. to be referred to the reporter or not? no.3. whether the judgment should be reported no. in digest?1. this is a petition for grant of probate of the will dated 4th december, 1997 executed by late shri anand parkash goel, husband of the petitioner.it is alleged in the petition that late shri anand parkash goel had executed a will dated 4th december, 1997. he died on 24 th july, 2004 and was survived by four class-i legal heirs i.e. his widow/petitioner smt. geeta devi test goel and three sons namely shri nitin goel, shri rohit kumar goel and shri ajay kumar goel.2. the citation was published in "indian express" (new delhi edition) and notice issued to the non-applicant legal heirs of the deceased testator was also duly served on them. non-applicant legal heir ajay kumar goel filed no objection in the form of an affidavit on his behalf as also on behalf of other non-applicant legal heir rohit kumar goel, who has executed a power of attorney in his favour.3. non-applicant legal heir nitin goel was proceeded ex-parte vide order dated 6th february, 2009.4. the petitioner has examined three witnesses including herself. pw-2 shri s.l. mehrotra and pw-3 shri k. venkatasubramanian are the attesting witnesses of the will dated 4th december, 1997 executed by late shri anand parkash goel. both of them stated that the will was signed by late shri anand parkash goel on 4 th december, 1997 in their presence and .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (2003)81TTJ(Delhi)571
..... the succeeding tribunal in para 86 of its order observed that the notification treating the vhp as an unlawful association had been issued on extraneous considerations and the same was therefore required to be cancelled.22. ..... , 1995, declaring the respondent as an unlawful association.19. ..... it was emphasised by the learned counsel at this stage that whereas the unlawful activities (prevention) tribunal by means of an order dt.4th june, 1993 had approved the ban, the successor tribunal by means of an order dt. ..... coming to the additional ground, which has been admitted by us by means of an interim order, the stand of the revenue is that the assessee had been treated as an unlawful organisation vide notification of the government of india in the ministry of home affairs dt. ..... a reference was made to the order passed by the unlawful activities (prevention) tribunal on 20th june, 1995, whereby it was held that the assessee was not engaged in any unlawful activities and the ban imposed earlier was lifted.11. ..... the further plea was to the effect that the assessee could not be held responsible for unlawful activities if any carried out by some of its members and others. ..... 1993-94 is the notification issued by the government declaring it to be an unlawful organization and the subsequent order passed by the unlawful activities (prevention) tribunal upholding the notification.20. .....
Tag this Judgment!Court : Delhi
Reported in : 2003VIIAD(Delhi)1; 107(2003)DLT385; 2003(71)DRJ178; 2003(3)JCC1669
..... person and threatens to kill or injure such person in order to compel the government or any other person to do or abstain from doing any act;(b) is or continues to be a member of an association declared unlawful under the unlawful activities (prevention) act, 1967 (37 of 1967), or voluntarily does an act aiding or promoting in any manner the objects of such association and in either case is in possession of any unlicensed firearms, ammunition, explosive or other instrument or substance capable of causing mass destruction and commits any act resulting ..... person and threatens to kill or injure such person in order to compel the government or any other person to do or abstain from doing any act;(b) is or continues to be a member of an association declared unlawful under the unlawful activities (prevention) act, 1967 (37 of 1967), or voluntarily does an act aiding or promoting in any manner the objects of such association and in either case is in possession of any unlicensed firearms, ammunition, explosive or other instrument or substance capable of causing mass destruction and commits any act resulting ..... it was contended that under sub-clause (b) of sub-section (1) of section 3, membership by an association declared unlawful under the unlawful activities (prevention) act, 1967 or promotion of the objects of such association would constitute a terrorist's act. .....
Tag this Judgment!Court : Delhi
..... person and threatens to kill or injure such person in order to compel the government or any other person to do or abstain from doing any act;(b) is or continues to be a member of an association declared unlawful under the unlawful activities (prevention) act, 1967 (37 of 1967), or voluntarily does an act aiding or promoting in any manner the objects of such association and in either case is in possession of any unlicensed firearms, ammunition, explosive or other instrument or substance capable of causing mass destruction and commits any act resulting ..... person and threatens to kill or injure such person in order to compel the government or any other person to do or abstain from doing any act;(b) is or continues to be a member of an association declared unlawful under the unlawful activities (prevention) act, 1967 (37 of 1967), or voluntarily does an act aiding or promoting in any manner the objects of such association and in either case is in possession of any unlicensed firearms, ammunition, explosive or other instrument or substance capable of causing mass destruction and commits any act resulting ..... it was contended that under sub-clause (b) of sub-section (1) of section 3, membership by an association declared unlawful under the unlawful activities (prevention) act, 1967 or promotion of the objects of such association would constitute a terrorist's act. .....
Tag this Judgment!Court : Delhi
Reported in : 127(2006)DLT431; 2006(88)DRJ545
..... instance that when a license was granted for a couple of years and after its expiry by efflux of time, or on termination, if the possession of the licensee, though unlawful and unjust is not protected, the aggressor or mighty would trample upon the rights of the weak and meek and denial of relief under section 6 would put a premium upon ..... the supreme court did not direct the handing back of possession to the appellant.17. the thread of reasoning, running through these decisions seems to be that although a person may be in unlawful possession of a property he cannot be dispossessed without recourse to law and, if he is dispossessed by use of force then, even though his occupation/possession was ..... the licensee gets is a permission to use the premises for a particular purpose or in a particular manner and but for the permission so given the occupation would have been unlawful (see associated hotels of india ltd. v. r.n ..... however, these decisions do not specifically deal with the situation where the unlawful occupant has not yet been 'dispossessed' but, he, in apprehension of such 'dispossession', knowing his occupation to be unlawful, rushes to court for an injunction restraining the rightful owner from ..... undoubtedly, the true owner is entitled to retain possession even though he had obtained it by force or by other unlawful means but that would not be a ground to permit the owner to take law into his own hands and eject the person in juridical possession or settled possession without .....
Tag this Judgment!Court : Delhi
..... distinguishing a case arising from a statute like the banking companies act from cases of detention and associations declared unlawful, he emphasised the fact that the factual background will not be one of suspicion, and action will ..... 23 of 41 (i) that the business of the company is being conducted with intent to defraud its creditors, members or any other persons, or otherwise for a fraudulent or unlawful purpose or in a manner oppressive of any of its members, or that the company was formed for any fraudulent or unlawful purpose; (ii) that persons concerned in the formation of the company or the management of its affairs have in connection therewith been guilty of fraud, misfeasance or other misconduct towards ..... suggesting - (i) that the business of the company is being conducted with intent to defraud its creditors, members or any other persons, or otherwise for a fraudulent or unlawful purpose or in a manner oppressive of any of its members, or that the company was formed for any fraudulent or unlawful purpose; (ii) that persons concerned in the formation of the company or the management of its affairs have in connection therewith been guilty of fraud, misfeasance or other misconduct ..... and amend the law relating to companies and certain other associations. ..... say that the clause permitted the authority to say that it has formed the opinion on circumstances which in its opinion exist and which in its opinion suggest an intent to defraud or a fraudulent or unlawful purpose. .....
Tag this Judgment!Court : Delhi
..... owner retains legal possession while all that the licensee gets is a permission to use the premises for a particular purpose or in a particular manner and but for the permission so given the occupation would have been unlawful (see associated hotels of india ltd. v. r.n. ..... the expressions due process of law , due course of law and recourse to law have been interchangeably used in the decisions referred to above which say that the settled possession of even a person in unlawful possession cannot be disturbed forcibly by the true owner taking law in his own hands. ..... , for taking back something from the first party who holds it unlawfully, and, till such time, the court hearing the injunction action must grant an injunction anyway?. ..... it was urged by mr kaul that even if the plaintiff was in unlawful possession it could only be evicted by due process of law and therefore the plaintiff was entitled to an order of injunction preventing the defendants from removing the plaintiff from the said two rooms except through due ..... it could be the owner in an action for enforcement of his right to eject the person in unlawful possession. .....
Tag this Judgment!Court : Delhi
..... owner retains legal possession while all that the licensee gets is a permission to use the premises for a particular purpose or in a particular manner and but for the permission so given the occupation would have been unlawful (see associated hotels of india ltd. v. r.n. ..... the expressions `due process of law', `due course of law' and `recourse to law' have been interchangeably used in the decisions referred to above which say that the settled possession of even a person in unlawful possession cannot be disturbed `forcibly' by the true owner taking law in his own hands. ..... , for taking back something from the first party who holds it unlawfully, and, till such time, the court hearing the injunction o.m.p. ..... it was urged by mr kaul that even if the plaintiff was in unlawful possession it could only be evicted by due process of law and therefore the plaintiff was entitled to an order of injunction preventing the plaintiff from the said two rooms except through due process of law. ..... it could be the owner in an action for enforcement of his right to eject the person in unlawful possession. .....
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