Judgment Search Results Home > Cases Phrase: unlawful Court: karnataka Page 1 of about 3,283 results (0.016 seconds)

Vinay Kumar, Son of Late Mohan, and anr. Vs. State by Cottonpet P.S. C ...

Court : Karnataka

..... cmm, bangalore, taking cognizance of the offences against the petitioners is liable to be quashed.submitted that the prosecution he sanction order under section 45 of the unlawful activities (prevention) act, 1967 and section 39 of the arms act to prosecute the petitioners and others.therefore, the order dated 22.11.2010 is liable to be quashed.5. ..... on the other hand, the learned government pleader submitted that the prosecution can obtain sanction under section 45 of the unlawful activities (prevention) act, 1967 and section 39 of the arms act during the course of trial and it is open for the petitioners to challenge the order of the magistrate at the time of framing charges.11. ..... in the instant case, the offences alleged against the petitioners are under sections 120b, 121, 121a ipc and sections 17 and 18 of the unlawful activities (prevention act, 1967 and under sections 3 and 25 of the arms act. ..... relying on the above decisions, the learned counsel for the petitioners submitted that there is no valid sanction for prosecution of the petitioners as required under section 45 of the unlawful activities (prevention) act, 1937 and section 39 of the arms act. ..... and under section 45 of the unlawful activities (prevention) act, 1967. ..... case are as follows:the respondent-police registered the case in crime no.275/2010 against the petitioners and others for the offences punishable under sections 120b, 121, 121a ipc and section 18 of the unlawful activities (prevention) act, 1967. .....

Vinay Kumar, S/O Late Mohan. Vs. State by Cottonpet P.S., Bangalore.

Court : Karnataka

..... and section 18 of the unlawful activities (prevention) act, 1967, and he moved the trial court under section 167(2) of the cr.p.c. ..... for time extension under section 43-b of the unlawful activities (prevention) act.4. .....

Mohammed Razhur Rehman @ Umesh and Others Vs. State of Karnataka, by S ...

Court : Karnataka

..... by the city fast track sessions) judge, bangalore city (ftc ii) acquitting the respondents-1 to 6/accused-1 to 6 of the offences p/u/s.10, 13 of unlawful activities (prevention) act and under sec.153-a, 153-b of ipc and further acquitting respondent 7/accused-7 of the offences p/u/s.10, 13 of the unlawful activities (prevention) act, 20-b, 121-a, 121, 153-a, 153-b of ipc and sec.5 and 6 of explosives substances act and sec.25 and 26 of ..... criminal appeal no.531/2012 against the judgment of acquittal of a1 to a6 for the offence punishable under section 10 and 13 of the unlawful activities (prevention) act, and u/s.153-a, 153-b of ipc and further acquitting a7 for all the offences alleged against him. 6. ..... . though the trial court has acquitted the accused persons for the offence punishable under sections10 and 13 of unlawful activities (prevention) act, 1967 and for the offences under section 153-a, 153-b of ipc, however, convicted a-1 to a-6 for the offences punishable under sections 120-b, 121-a, 121, sections 5 and ..... whoever- (a) takes part in or commits, or (b) advocates, abets, advises or incites the commission of, any unlawful activity, shall be punishable with imprisonment for a term which may extend to seven years, and shall also ..... witnesses is understood in their proper perspective, it clearly discloses that there is a proper and valid sanction to prosecute the accused persons u/s.10 and 13 of the unlawful activities (prevention) act, 1967 and also u/s.153a and 153b of the ipc. .....

Balumal P. Seth Vs. Giriyappa

Court : Karnataka

Reported in : ILR1991KAR1256

..... in the context of section 22 of the act an argument was advanced before this court that where the subletting was not unlawful, the landlord, who wanted to get possession of the premises had to bring two separate proceedings, one against the tenant in chief and thereafter another against the sub-tenant, who is deemed to ..... dealing with a case where the landlord had claimed a decree for eviction on three grounds, namely, that the tenant had without the landlord's consent erected a permanent structure, that he had unlawfully sublet the premises, and that the premises were reasonably and bonafide required by the landlord for occupation by himself. ..... lawfully done with the written consent of the landlord does not become unlawful merely on the ground that the contractual tenancy has come to an ..... on the basis of the provisions of the act does not become unlawful merely because the contractual tenancy of the tenant comes to an end. ..... a lawful sub-tenant is also a tenant in the context of section 21 of the act.it is only unlawful subletting which furnishes a ground for the eviction of the tenant. ..... that in terms of the lease deed, subletting of the portion of the petition schedule building by the tenant was permissible and therefore was not unlawful but was in accordance with the terms of the agreement. ..... between the landlord and the tenant authorises the tenant to induct sub-tenants, such a sub-tenancy cannot be characterised as unlawful and contrary to the provisions of section 23 of the act. .....

Shri Dharmarayaswamy Temple Vs. Chinnathayappa

Court : Karnataka

Reported in : ILR1990KAR4242

..... . further, it is also clear from the division bench decision that a person who is found to have been in unlawful possession cannot claim the status of deemed tenant and further the land tribunal cannot, in view of section 141 of the land reforms act, in the guise of exercising its jurisdiction under the land ..... their alternative claim that even if they were not permanent tenants and therefore not entitled to continue as tenants of government under section 6 of the inams abolition act was rejected and they were found to be in unlawful possession of the lands and the occupancy rights granted in favour of the petitioner-temple, was upheld.7. ..... in the present case, which was under the religious and charitable inams abolition act, it is on a finding that there were no tenants at all, and the respondents were in unlawful possession of the lands, in respect of lands in question the occupancy right was granted to the petitioner ..... again repeated their old case, that they were tenants from 30 to 40 years, which claim was rejected and their possession was found to be unlawful, as can be seen from the judgment of the division bench of this court extracted earlier.16 ..... stated earlier, the deputy commissioner made an order of eviction of the petitioners on the ground that they were in unlawful possession of the lands endowed to the temple ..... earlier, the deputy commissioner made an order of eviction of the petitioners on the ground that they were in unlawful possession of the lands endowed to the temple. .....

B.H. Rangaswamy and B.H. Jalajakshi Vs. Mysore Arts and Wood Works

Court : Karnataka

Reported in : ILR1992KAR3632; 1992(4)KarLJ521

..... of lilly stella's case shows that there is a prima facie conflict between the two reasonings.the supreme court has stated that the sub-lease effected without the written consent of the landlord will be an unlawful sub-letting so as to constitute a ground for eviction under section 21(i)(f) of the karnataka rent control act, 1961.we are bound by the observations of the supreme court, and, therefore, we are constrained to observe that the ratio of ..... , : air1991sc2053 to contend that the sub-lease without express written consent of the landlord was unlawful and, therefore, the sub-tenants cannot be recognised for any purpose and their possession will be entirely ..... moment there was an order of eviction against the first defendant, the entire jural relationship ceased to exist between the parties and thereafter the possession of the first defendant as well as of other defendants became unlawful and therefore, they are liable to pay the damages as claimed in the plaint.15. ..... the eviction proceedings were filed invoking clauses (a), (f), (h), (d) and (i) of section 21(1); but the final orders based on the compromises were only under section 21(1)(h); the implication is that the cases of unlawful subletting were not pursued at all by the plaintiffs. ..... if the landlord abstains from exercising his right to seek an order for eviction in that way, it cannot be contended that the sub-lease is either unenforceable or is unlawful so long as there is no eviction at the instance of the landlord. .....

Rudraiah Raju Vs. State of Karnataka

Court : Karnataka

Reported in : ILR1986KAR587

..... any such situation created by taking a narrow, pedantic view about locus standi, even in situations in which arbitrary or capricious or mala fide exercise of power is alleged and the extent and gravity of such unlawful action is such as would make a mockery of rule of law, the consequence would be disastrous in that it might mark the beginning of the end of the faith of the people in the rule of ..... , it is the public interest petitioners alone who could be expected to prosecute the case to its culmination in the interest of the public.20 (i) it is, however, necessary to observe that in order that petition in public interest is entertained against an alleged unlawful or mala fide governmental action, the magnitude of the injury to public interest must be such as would call for interference in a public interest petition. ..... on this aspect learned council submitted as follows : if the decision of the government is found to be unlawful capricious and arbitrary, as pointed out by the supreme court in the case of kasturilal, : [1980]3scr1338 , it would be a piece of evidence of mala fide exercise of ..... or omission of the state or any public authority and the injury is caused only to public interest the question arises as to who can maintain an action for vindicating the rule of law and setting aside the unlawful action or enforcing the performance of the public duty. ..... are convinced that the impugned decision of the government is unlawful, arbitrary, capricious arid subversive of rule of law. .....

Sreenivas Shenoy Vs. Vasudeva Shenoy

Court : Karnataka

Reported in : ILR1994KAR1102; 1994(2)KarLJ517

..... tenant:provided that the court may on an application made to it make an order for the recovery of possession of a premises on one or more of the following grounds only, namely:-xxx xxx xxx(f) that the tenant has unlawfully sublet the whole or part of the premises or assigned or transferred in any other manner his interest therein and where the subletting, assignment or transfer has been made before the coming into operation of this ..... . the precise question, therefore, which would arise for consideration in this context is as to whether the said bar has reflected in the lease deed would make subletting 'unlawful', it is one thing to say that a particular act is contrary to taw and it is another thing to say that it is contrary to the terms of the contract or the terms of ..... have also pointed out earlier as to how subletting by a tenant who is entitled to enjoy the lease in perpetuity is not an unlawful subletting, which alone constitute a ground for eviction under section 21 (1)(f) of the act.20 ..... when it is held that the lessee in question is a permanent lease it would follow that subletting by a lease under the said lease cannot be termed as unlawful subletting in view of the second proviso to section 23(1) of the act ..... authorities are not wanting which would indicate that the word 'unlawful' is synonymous with the word 'illegal' vide - state ..... section 21 (1)(f) provides that 'unlawful subletting' is a ground for eviction, section 23(1) stipulates as to what 'unlawful subletting' is .....

The State of Karnataka Vs. Balappa Bhau Vadagave and ors.

Court : Karnataka

Reported in : ILR1984KAR21; 1984(2)KarLJ1

..... less than that number have been convicted by it if (a) the charge states that apart from the persons named, several other unidentified persons were also members of the unlawful assembly whose common object was to commit an unlawful act and the evidence led to prove this is accepted by the court ; or (b) the first information report and the evidence show such to be the case ..... the case in regard to the same occurrence alleging that far from going unarmed and peacefully to remonstrate with the accused, they were members of an unlawful assembly armed with deadly weapons and committed offence of rioting and hurt in order to drive accused-1 and his party out of the garden. ..... in such a situation, the acquittal of a 4 and a 5 would reduce the number of the assailant's party to less than the minimum number required for constituting an unlawful assembly and that being so, the acquittal of a 1 to a 3 of the offences under sections 147, 148, 302 read with sections 149 and 324 read with section 149 i.p.c cannot ..... 2 were doing harrowing work in their strip of land in kareedihola, all the five accused formingthemselves into an unlawful assembly, armed with deadly weapons like axe,pickaxe, sickles and club, with the common object of committing the murder ..... the allegation in the charge was that they along with a4 and a5 were the members of an unlawful assembly and in prosecution of the common object of the said assembly, they committed the offence of rioting armed with deadly weapons and caused the .....

Irfan Pasha, Represented by his Wife Ruhi Naaz and Others Vs. State by ...

Court : Karnataka

..... petitioners, they are totally aggrieved by the act of the respondents namely commercial street police getting added the provisions/sections 15, 16, 17, 18 and 20 of the unlawful activities (prevention) act, 1967 in the fir of crime no.124/2016; center taking up the matter under political references and referring the same for investigation by ..... in the case in hand, there being absolutely no material to show that the organization to which accused are alleged to have belonged is an unlawful organization, merely on the ground that the accused have volunteered in their statement to state that they were the members of the said association, ..... aside the order dtd:5.11.2016 of learned magistrate, 43rd acmm court, bangalore equipping the commercial street police to add the provisions/sections 15, 16, 17, 18 and 20 of unlawful activities prevention act 1967 in the fir of crime no.124/2016 [vide annexure-d to the petition and etc. ..... the order dtd:5.11.2016 of learned magistrate, 43rd acmm court, bangalore equipping the commercial street police to add the provisions/section 15, 16, 17, 18 and 20 of unlawful activities prevention act 1967 in the fir of crime no.124/2016 [vide annexure-d to the petition and etc. ..... court, bengaluru equipping the commercial street police to add the provisions/sections 15, 16, 17, 18 and 20 of the unlawful activities (prevention) act, 1967 in the fir of crime no.124/2016; (b) quash the impugned order/notification of the center vide f.no.11011/33/2016-is-iv taking up .....