Search Results for Tag : unlawful
International Cases
Detention without a court order or other clear legal ground is incompatible with standard of “lawfulness”(18.10.2016)
Instant case originated in an application against the Russian Federation lodged with Court under Article 34 of the Convention for Protection of Human .....
Tags : Detention, Unlawful, Liberty, Deprivation
Onus is on the prosecution to prove on a balance of probabilities that it was entitled to a forfeiture order(31.05.2022)
The issue before the SCA concerned the question of whether a Volkswagen 364 Scirocco motor vehicle with registration number FGC 937 MP (the vehicle) r.....
Tags : Unlawful activity, Proof, Onus
Notifications & Circulars
Central Government hereby declares the Sikhs For Justice as an unlawful association(10.07.2019)
Whereas the Sikhs For Justice (hereinafter referred to as the SFJ), has been indulging in activities, which are prejudicial to internal security of In.....
Tags : SFJ, Unlawful association, Declaration
Advisory in terms of Consumer Protection Act, 2019 on Prohibition of Advertising, Promotion, and Endorsement of unlawful activities prohibited under various laws(06.03.2024)
1. It has come to the notice of Central Consumer Protection Authority (CCPA) that there are increasing instances of direct as well as surrogate advert.....
Tags : Advisory, Prohibition, Unlawful activities
High Court has jurisdiction to grant a forfeiture order in terms of the Prevention of Organised Crime Act(03.05.2021)
In present matter, on 28 July 2017, the high Court granted an ex parte application for a preservation order, in terms of Section 38 of the Prevention .....
Tags : Jurisdiction, Unlawful activity, Forfeiture order
Judgments
Intention of members of unlawful assembly can be gathered by nature, number and location of injuries inflicted(27.01.2017)
In facts of present case, Appellant was sentenced to undergo rigorous imprisonment for life for offence punishable under Section 302 of Indian Penal C.....
Tags : Conviction, Validity, Unlawful assembly
FIR need not contain an exhaustive account of the incident(04.07.2018)
The judgment and order of conviction passed by the High Court, relating to the conviction of the Appellant, is the subject matter of present appeal. B.....
Tags : Unlawful assembly, Conviction, Validity
Unlawful possession of public property without having paid for same tantamounts to unjust enrichment(23.10.2018)
Present appeal is directed against order passed by the High Court wherein without issuance of notice to the Ghaziabad Development Authority ("GDA") an.....
Tags : Unlawful possession, Eviction, Grant
In a crime committed by an unlawful assembly, every member of unlawful assembly would be guilty of offence, even if he himself had not done actual act(15.03.2019)
In present matter, First Information Report was lodged with Police Station, District Raipur pursuant to information received at Police Station from In.....
Tags : Unlawful assembly, Conviction, Legality
News
Delhi Court: Denies Bail to Sharjeel Imam Denied Bail Inin Delhi Riots Larger Conspiracy Case(12.04.2022)
Delhi Court has dismissed the bail plea moved by Sharjeel Imam in connection with a case alleging larger conspiracy into the Delhi riots of 2020, invo.....
Tags : Delhi Court, Sharjeel Imam, conspiracy, Indian Penal Code, Unlawful Activities (Prevention) Act
Kerala HC Directs Recovery of Value of Minerals Extracted Illegally Without Environmental Clearance(26.10.2018)
Kerala High Court has directed recovery of 100% value of minerals extracted without obtaining prior Environmental Clearance(EC), by following the Supr.....
Tags : Kerela High Court, unlawful mining
J&K&L HC Grants Bail to Accused Charged Under UAPA(26.05.2022)
Jammu and Kashmir and Ladakh High Court has granted bail to a man booked under Unlawful Activities (Prevention) Act, 1967, merely because he was seen .....
Tags : Jammu & Kashmir & Ladakh High Court, Bail, Unlawful Activities (Prevention) Act, 1967
SC: For Conviction u/s 149 IPC, Accused Must be Aware of Offence to be Committed(13.10.2023)
Supreme Court has held that to convict a person under Section 149 IPC prosecution must establish that firstly, accused shared a common object and was .....
Tags : Supreme Court, Unlawful Assembly, Common Object
Bombay HC Says 'No' to NIA Appeal Seeking Areeb Majeed to be Charged As ISIS Member Under UAPA(14.08.2017)
Bombay High Court has dismissed an appeal filed by National Investigation Agency (NIA) against decision of Trial Judge to not charge Areeb Majeed unde.....
Tags : Bombay High Court, Unlawful Activity (Prevention) Act
Allahabad HC Dismisses Plea for Protection Against Unlawful Conversion Ordinance(15.02.2021)
Allahabad High Court has dismissed as withdrawn petitions filed by a Muslim man and his family from Etah who had prayed that the Court grant protectio.....
Tags : Allahabad High Court, Protection Against Unlawful Conversion Ordinance
Testimony of sole witness can be relied upon in cases of mob violence(29.09.2015)
Deliberating on whether the principle espoused in Masalti v. State of U.P. would require consistent testimonies of more than one witness in cases invo.....
Tags : Mob, unlawful, sole, witness, testimony
Minor variations between medical evidence and ocular evidence do not take away primacy of the latter(18.12.2019)
The State as Appellant assails the acquittal of the three Respondents by the High Court, reversing their conviction under Sections 302/149, 307/149, 1.....
Tags : Unlawful assembly, Acquittal, Legality
Confiscation proceedings are in nature of civil proceedings and standard of proof is preponderance of probabilities(09.01.2020)
The Petitioner has filed the present petition, impugning an order passed by the Financial Commissioner, whereby the appeal preferred by the Petitioner.....
Tags : Unlawful import, Confiscation, Vehicle
Bombay HC Asks Centre to Submit Procedure in Application Against Unlawful Activities of Organization(17.02.2020)
Bombay High Court has asked the Centre to submit on record the procedure followed in deciding an application seeking a ban on an organisation for indu.....
Tags : Bombay High Court, Procedure for Application, Unlawful Activities of Organization
U.P. Governor Promulgates Ordinance on Unlawful Conversion(30.11.2020)
Uttar Pradesh Governor has promulgated an ordinance on unlawful conversion days after it was passed by the State Cabinet. The Ordinance makes religio.....
Tags : Ordinance, Unlawful Conversion
Delhi Court rants Bail to Photojournalist Manan Dar in UAPA Case(04.01.2023)
Delhi Court has granted bail to Kashmir based photojournalist Mohd Manan Dar in a case registered under Unlawful Activities (Prevention) Act, 1967 whi.....
Tags : Delhi Court, Unlawful Activities (Prevention) Act, Bail
Rajya Sabha Passes Unlawful Activities (Prevention) Amendment Bill, 2019(02.08.2019)
Rajya Sabha has passed the Unlawful Activities (Prevention) Amendment Bill, 2019. The Bill gives powers to the Central Government to designate an indi.....
Tags : Rajya Sabha, Unlawful Activities (Prevention) Amendment Bill, 2019
Rajasthan HC: Smuggling of Gold Can't be Treated As Terrorist Act Under UAPA(09.05.2022)
Rajasthan High Court has observed that Customs Act, 1962 is not included in Schedule-II of the Unlawful Activities (Prevention) Act, 1967 and conseque.....
Tags : Rajasthan High Court, Customs Act, 1962, Unlawful Activities (Prevention) Act, 1967, Terrorist Act, bailable, Schedule-II
Karnataka HC Dismisses Petition Challenging Centre Banning PFI with Immediate Effect(01.12.2022)
Karnataka High Court has dismissed a petition questioning notification issued by Union Ministry of Home Affairs, declaring Popular Front of India (PFI.....
Tags : Karnataka High Court, PFI, Unlawful Assembly
Patna HC: Minor Girl's Stay at Remand Home Not Unlawful Confinement/Detention(21.10.2020)
Patna High Court has observed that if by judicial order, a girl has been sent to Remand Home treating her to be minor, then her stay in the Remand Hom.....
Tags : Patna High Court, Stay at Remand Home, Unlawful Confinement/Detention
SC: Offence of Organised Crime is Constituted by at Least One Instance of Continuation(16.12.2022)
Supreme Court has held that offence of organised crime under Gujarat Control of Terrorism and Organised Crime Act, 2015 is constituted by at least one.....
Tags : Supreme Court, Organised Crime, Gujarat, Unlawful Activity
Bombay High Court: Reading Communist or Naxal Literature Doesn’t Constitute Offence Under UAPA(06.03.2024)
Bombay High Court has held that reading or sympathizing with literature that contains Communist or Maoist philosophy does not constitute an offence un.....
Tags : Bombay High Court, Communists, Unlawful Activities Prevention Act
SC Restrains Tripura Police From Taking Coercive Steps Against 3 Persons Booked Under UAPA(17.11.2021)
Supreme Court has directed Tripura Police that no coercive steps should be taken against 2 lawyers & 1 journalist, who were booked under anti-terror l.....
Tags : Supreme court, Unlawful Activities Prevention Act
SC: Mere Membership of Unlawful Assembly is an Offence Under UAPA(24.03.2023)
Supreme Court while overruling its 2011 judgment in Arup Bhuyan v. State of Assam (MANU/SC/0096/2011), Indra Das v. State of Assam (MANU/SC/0106/2011).....
Tags : Supreme Court, Membership, Unlawful Assembly
Lok Sabha Passes Unlawful Activities (Prevention) Amendment Bill, 2019(25.07.2019)
Lok Sabha has passed a bill namely the Unlawful Activities (Prevention) Amendment Bill, 2019 to amend an anti-terror law aimed at allowing the Governm.....
Tags : Lok Sabha, Unlawful Activities (Prevention) Amendment Bill, 2019
All. HC Explains the Scope of S.4 of UP Prohibition of Unlawful Conversion of Religion Act 2021(07.09.2023)
Allahabad High Court has observed that under Section 4 of UP Prohibition of Unlawful Conversion of Religion Act 2021, FIR can be filed under the Act b.....
Tags : Allahabad High Court, Unlawful Conversion, FIR, Aggrieved Person