Judgment Search Results Home > Cases Phrase: unlawful association Page 9 of about 31,802 results (0.057 seconds)

Krishna Madhaorao Ghatate and anr. Vs. the Union of India and ors.

Court : Mumbai

Reported in : AIR1975Bom324; 1975CriLJ1828; 1975MhLJ822

..... was declared an unlawful association in february 1948 ..... the question before the federal court directly arose in the context of the preventive detention and in that case having regard to the association of a person with the political party which was indulging in the activities described to in the said decision, an inference was drawn by the federal court that it cannot be held that such a ..... in such a case in the return on in a counter affidavit the detaining authority must broadly indicate the nature of the prejudicial activities or the affiliation or association of the detenu with the banned organisation or with the political parties and its programmes or the nature or sphere of his other activities from which an inference could be ran in favour ..... there are also the allegations already referred to about the appellant assisting and associating with a prominent member of the party who has 'gone underground' and about the likelihood of the appellant himself going underground and from there guiding ..... or the bhartiya jan sangh, an inference cannot be drawn that he was actively associated with the activities of the said organisation, and therefore, was indulging in the activities which could be termed to be ..... violence in different parts of the country, fomenting industrial strikes, causing agrarian unrest, rendering life and property insecure, and trying to seize power by violence' and that he was assisting and associating with a named prominent member of the party who had gone underground. .....

Ramesh Chandra Nigam Vs. the State

Court : Allahabad

Reported in : AIR1952All359

..... section 17 (1) prescribes that:'a person who is a member of an unlawful association or who participates in its meetings contributes or receives or solicits contribution for it or in any way assists the operations of any such association'is liable to be punished with imprisonment, which may extend to six months or with fine or with both. ..... applicant eamesh chandra nigam was prosecuted for an offence under section 17(1), criminal law amendment act (act xiv [14] of 1908) for assisting the operations of the rash-triya swayam sewak sangh, which was declared an unlawful association by the provincial government under s, 16 of that enactment.2. ..... the mere fact that he admitted using the duplicator does not indicate that he used it for furtherance of the unlawful association or for assisting it. ..... he admitted that the duplicator was in his use and that he sent the news bulletins to newspapers for publication but denied, that he thereby in any manner assisted the aforesaid unlawful association. ..... in other words, there must be an intention to that effect present in the mind of the accused and the acts and operations of the association must be so connected together that it may be possible for a court of law to infer from them the existence of a design or calculation ..... he took the view that inasmuch as the literature was meant to glorify the unlawful movement by circulating it, the applicant must be deemed to have assisted in the operations of the sangh within the meaning of section 17(1) of the act .....

Abdullah and ors. Vs. Emperor

Court : Allahabad

Reported in : AIR1924All233; 92Ind.Cas.145

..... against bhagwan, whom he abused for drawing a pension from government while taking an active part in an 'unlawful association,' whose ostensible object was the overthrow (no matter by what means) of the government whose salt: he was ..... they suit with the second charge, which simply alleges as against all the accused persons that they were members of an unlawful assembly, within the meaning of the definition in section 141 of the indian1 penal code, at the time when force or, violence was used by members of the said assembly, in ..... the moment the crowd of volunteers left dumri khurd, right up to the time when they began to file past the gate of chaura police station, they not merely constituted an unlawful assembly, but were conducting themselves throughout in such a manner as to show the firmest possible determination not to disperse if called upon to do so. ..... the khilafat at gorakhpur and the local leaders of the national volunteer associations in the neighbourhood of chaura in the course of the 2nd and ..... on this it was agreed that letters should be sent out to volunteer associations in neighbouring villages, with a view to their assembling in a body strong enough to warrant them in paying a visit to the sub inspector and 'asking ..... certain aspects of the case which we shall have to consider further, because of their bearing upon the important and essential question of the common object or objects of the unlawful assembly around chaura police station referred to in the charge of murder. .....

New Delhi Municipal Council Vs. Prominent Hotels Limited

Court : Delhi

..... possession while all that the licensee gets is a permission to use the premises for a particular purpose or in a particular manner but for the permission so given, the occupation would have been unlawful (associated hotels of india ltd. v. r.n. kapur, air 1959 sc 162 ..... 9.11. void contracts are defined in section 2(g) of the contract act, 1872 as agreements not enforceable by law such as agreement with unlawful consideration and objects (section 24), agreement without consideration (section 25), agreement in restraint of marriage (section26), agreement in restraint of trade (section 27), agreement in restrain of legal proceedings (section 28), uncertain agreement (section 29), agreement by ..... clause 3 of the licence deed dated 16th july, 1982, requiring the licensee to pay annual fee of 23% on the annual gross turnover of the business as arbitrary, unreasonable, unjust, unconscionable, unlawful and, therefore, null and void ab initio and available gross turnover is to be defined first ..... trial court in pursuance of which the learned trial court declared the clause 3 of the licence deed as arbitrary, discriminatory, unreasonable, unjust, unconscionable, unlawful, null and void ab initio in utter disregard to the well settled ..... defined in section 52 of the easements act, 1882 as a right to do or continue to do in or upon the immovable property of the grantor something, which, in the absence of such right, could be unlawful, but such right does not amount to an easement or an interest in the .....

Manohar Joshi Vs. NitIn Bhaurao Patil and Another

Court : Supreme Court of India

Reported in : 1996IAD(SC)93; AIR1996SC796; JT1995(8)SC646; 1995(7)SCALE30; (1996)1SCC169; [1995]Supp6SCR421

..... production of the official record including the literature of jamaat-e-islami hind depicting its philosophy and aims, and the intelligence reports without examining any witness who could depose from personal knowledge to the alleged unlawful activities of the association was held to be inadequate to support the declaration that jamaat-e-islami hind is an unlawful association as defined in the said act ..... . union of india : (1995)1scc428 , wherein the requirement of valid adjudication by the tribunal under section 4 of the unlawful activities (prevention) act, 1967 was indicated for the purpose of confirming the declaration made by the central government under sub-section (1) of section 3 that jamaat-e-islami hind is an unlawful association as defined in the said act ..... mentioned that the requirement of proof of a corrupt practice at the trial of an election petition is higher and confined to strict legal evidence, in comparison to the material on which the tribunal can rely for its decision under section 4 of the unlawful activities (prevention) act, 1967 to confirm the declaration by the central government of an association as unlawful.66 .....

Amreli District Co-operative Sale and Purchase Union Ltd. and ors. Vs. ...

Court : Gujarat

Reported in : (1984)2GLR1244

..... societies which are carrying on activities in the nature of mere services and are non-trading or non-business societies, such an exercise of the power would tend to interfere with the fundamental right to associate under article 19(1)(c) inasmuch as the members of the amalgamating societies would not have option available to them to accept or refuse to accept the members of other societies as the members of the new ..... the notification issued on march 10, 1950 under section 15(2)(b) of the indian criminal law amendment act, 1908 as amended in 1950 declaring the people's education society as an unlawful association. ..... the amalgamated society without the latter having any right to object to the former becoming the members which would thus constitute a clear interference with the right to form an association and such a provision restricting the rights of the original societies has got to be justified on the ground of public order or morality or the sovereignty of the country, which, by no stretch ..... and ambit of the said rights rather than read them in a narrow and limited context so as to effectuate the content of the right, namely, the right to form as association and if the said right is sought to be circumscribed or restricted, the court must examine the substantive and procedural provision of a given statute under challenge to satisfy the test of reasonableness. ..... that under the relevant section, the unlawful nature of an association is to be determined on the subjective .....

iqbal Begum and ors. Vs. Tax Recovery Officer and ors.

Court : Chennai

Reported in : [1974]97ITR310(Mad)

..... section 15(2)(b) of the act defined an unlawful association as an association declared to be unlawful by the provincial government under the powers conferred by the act. ..... section 16 of the act as it originally stood expressly empowered the provincial government by notification in the official gazette to declare any association which in its opinion interfered or had for its object interference with the administration of the law or with the maintenance of law and order or that it constituted a danger to public peace, an unlawful association. ..... the new sub-clause (b) to section 15(2) reads as follows : (b) 'which has been declared by the state government by notification in the official gazette to be unlawful on the ground (to be specified in the notification) that such association- (i) constitutes a danger to the public peace, or (ii) has interfered or interferes with the maintenance of public order or has such interference for its object, or (iii) has interfered or interferes with the administration of the law or has such ..... it was held that though there is no specific provision in the act, the power to notify an association as unlawful is implied in the substituted section 15(2)(b). .....

Deputy Director of Income Tax Vs. Vishwa Hindu Parishad

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. .....

Union of India and ors. Vs. Shashi Deo Jha

Court : Kolkata

Reported in : (2000)1CALLT537(HC),1999(66)ECC640,1999(113)ELT385(Cal)

..... the language of the said proviso is different from the language of sub-section (1) of section 3 which merely states that the government has to be of opinion that any association is or has become an unlawful association. ..... the proviso requires firstly that the government must be of opinion (i) that circumstances exist which render it necessary for the government to declare the association to be unlawful with immediate effect and (ii) the reasons for such declaration must be stated in writing. ..... the said principle has again been reiterated in associated electrical industries (india) private ltd. ..... reported in : [1963]1scr98 , associated electrical industries (india) private ltd. ..... 1067 held :--'the proviso vests the central government with a power to declare an organisation unlawful with immediate effect. ..... union of india reported in 1994 (suppl 2) scc 1, sawant, j, speaking for the division bench while construing the provision of proviso appended to sub-section (3) of section 3 of the unlawful activities (prevention) act. .....

Wuthikorn Naruenartwanch @ Willy vs.national Investigation Agency

Court : Delhi

..... mr.grover strenuously urged that before this court that appellant who is neither a part of the terrorist organisation nor unlawful association and is admittedly, a businessman of thailand with no past criminal antecedents, thus, cannot be denied bail during the pending ..... admittedly, the appellant is not a member of any terrorist gang as defined under section 2(1)(l) or a terrorist organization as defined under section 2(1)(m), or a of any unlawful association as defined under section 2(1)(p) of the unlawful activities (prevention) act, 1967 ( uapa ).5. ..... group with a long history of armed struggle against the government of india, which was declared an unlawful association in the year 1990. ..... appellant has no past criminal antecedents and even as per the chargesheet, he was a businessman indulging in a business of spas in thailand and has no past or present membership of any organisation in terrorism or any unlawful organisation and thus, painting the appellant with the same brush as accused nos.1 to 3 is completely unwarranted; more particularly in the absence of any nexus between the appellant and rest of the accused persons.9. mr. ..... the appellant further submits that even if the allegations mentioned in the charge sheet are taken to be gospel truth, the same begs the question as to why would an unlawful arms procurer create end user certificate and use his official e-mail ids creating a paper trail unless he was under the impression that he was entering into legitimate arms trade. .....