Court : Orissa
Decided on : Sep-16-2010
..... there is no merit in point no.5. accordingly, point nos. 1 and 4 are answered against the petitioners.answer to point no.2:35. in so far as point no. 2 is concerned, the question of repugnancy or inconsistency between the prevention of corruption act and other laws, namely, criminal procedure code, criminal law amendment act and the civil procedure code regarding confiscation proceedings on the ground that certain clauses ..... clause (4) of the preamble clearly lays down that the power under section 5 is exercisable only after the commission of an offence by the holder of a high public or political office has been ..... the existence of prima facie evidence of the commission of an offence. secondly, the discretion has to be exercised in accordance with the guidelines contained in the preamble. the various clauses of the preamble which have been set out in an earlier part of this judgment, lay down clear guidelines and provide sufficient safeguards against any abuse of power. thirdly, ..... of article 21 of the constitution. the confiscation of money and property is provided in sections 13 to 19 of the act, which is not mentioned in the statement of objects and reasons or the preamble portion of the act, except in the heading of the same. appointment of authorized officers before whom proceedings for confiscation could be initiated are provided .....Tag this Judgment!
Court : UK Supreme Court
Decided on : Dec-01-2010
..... must be drawn between such claims and applications for judicial review. i now come to consider the position where an act is committed which, absent any question of parliamentary privilege, would constitute a crime falling within the jurisdiction of the criminal courts. parliament has never challenged, in general, the application of criminal law within the precincts of parliament and has accepted that the mere ..... clerk of the house of commons, sir gilbert campion (later lord campion), pointed out in his memorandum to the select committee on the official secrets acts in 1939, the relevant words in the preamble to the bill of rights make this clear: "whereas the late king james the second by the assistance of diverse evill councellors judges and ministers imployed ..... statement. lord bingham dealt with this point when giving the advice of the judicial committee of the privy council in buchanan v jennings (attorney general of new zealand intervening)  1 ac 115, at para 13: "it is common ground in this appeal that statements made outside parliament are not protected by absolute privilege even if they simply repeat what was ..... by him did endeavour to subvert and extirpate the protestant religion and the lawes and liberties of this kingdome by prosecutions in the court of kings bench .....Tag this Judgment!
Court : UK Supreme Court
Decided on : Jan-27-2010
..... terrorism act 2005, which received the royal assent on 11 march 2005, the terrorism act 2006 which received the royal assent on 30 march 2006 and the counter-terrorism act 2008 which received the royal assent on 26 november 2008. part 2 of the 2001 act provided for the making of freezing orders. the 2005 act provided for the making of control orders. the 2006 act, among other things, amended ..... the definition of terrorism in the 2000 and 2001 acts to eliminate disparities between its definition in domestic law and that in various international conventions to which the united kingdom is ..... from the following statement in its preamble: "recognizing the need for states to complement international cooperation by taking additional measures to prevent and suppress, in their territories through all lawful means, the financing and preparation of any acts of terrorism." 134. the first specific measure called for by the resolution in paragraph 1(b) is that states shall: "criminalize the wilful provision or collection, by .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-23-2010
..... appeal no. 1977 of 2008, in addition to the above noted submission, submitted that section 2(1)(e) of the mcoca so far as it covers 'insurgency' is repugnant and has become void by enactment of the unlawful activities (prevention) amendment act, 2004, amending the unlawful activities (prevention) act, 1967 ('uapa' hereinafter). he submitted that insurgency and terrorism are two sides of the same ..... requiring all the states to take measures to combat international terrorism;and whereas resolutions 1267 (1999), 1333 (2000), 1363 (2001), 1390 (2002), 1455 (2003), 1526 (2004), 1566 (2004), 1617 (2005), 1735 (2006) and 1822 (2008) of the security council of the united nations require the states to take action against certain terrorists and terrorist organisations, to freeze the assets and ..... . webster defines it as a condition of revolt against government that does not reach the proportion of an organized revolution.24. in sarbananda sonowal v. union of india : (2005) 5 scc 665 this court has held that insurgency is undoubtedly a serious form of internal disturbance which causes a grave threat to the life of people, creates panic situation ..... of law laid down by this court in a number of its decisions, we may now analyze the provisions of the two acts before us.53. the provisions of the mcoca create and define a new offence of 'organised crime'. according to its preamble, the said act was enacted to make specific provisions for prevention and control of, and for coping with, criminal activity .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-17-2010
..... terms are not vague as applied to plaintiffs. see grayned v. city of rockford , 408 u. s. 104 , 114 115 (1972) (rejecting a vagueness challenge to a criminal law that implicated first amendment activities); scales , 367 u. s., at 223 (same). most of the activities in which plaintiffs seek to engage readily fall within the scope of the terms training and ..... congress to prohibit that support only to particularly dangerous and lawless foreign organizations. congress is not required to ban material support to every group or none at all. *??*??* the preamble to the constitution proclaims that the people of the united states ordained and established that charter of government in part to provide for the common defence. as madison explained, [s ..... tamils who live in sri lanka. humanitarian law project v. mukasey , 552 f. 3d 916, 921, n. 1 (ca9 2009); ante , at 9. all these activities are of a kind that the first amendment ordinarily protects. in my view, the government has not made the strong showing necessary to justify under the first amendment the criminal prosecution of those who engage in these activities ..... 2004). the en banc court heard reargument on december 14, 2004. see 380 f. supp. 2d 1134, 1138 (cd cal. 2005). three days later, congress again amended 2339b and the definition of material support or resources. intelligence reform and terrorism prevention act of 2004 (irtpa), 6603, 118 stat. 3762 3764. in irtpa, congress clarified the mental state necessary to violate 2339b, requiring .....Tag this Judgment!
Court : Chennai
Decided on : Apr-27-2010
..... cr. no. 26 of 1996.28. the supreme court in dealing with the amendment made to section 73 of the andhra prdesh legislative act in district registrar and collector v. canara bank reported in : (2005) 1 scc 496 held that the right to privacy of a person exist apart from right ..... and a dire necessity for human existence even as an animal? it might not be inappropriate to refer here to the words of the preamble to the constitution that it is designed to 'assure the dignity of the individual' and therefore of those cherished human values as the ..... in this context being confined to such as involve public peace or security only and if they are dangerous security risks. mere convictions in criminal cases where nothing gravely imperilling safety of society cannot be regarded as warranting surveillance under this regulation. similarly, domiciliary visits and picketing by the ..... same judgment, the supreme court further observed as follows:16. in griswold v. connecticut a connecticut statute made the use of contraceptives a criminal offence. the executive and medical directors of the planned parenthood league of connecticut were convicted in the circuit court on a charge of having ..... the police station, in flagrant contravention of the wholesome proviso to section 160(1) of the crpc. such deviance must be visited with prompt punishment since policemen may not be a law unto themselves expecting others to obey the law. the wages of indifference is reprimand, of intransigence disciplinary action. if .....Tag this Judgment!
Court : Uttaranchal
Decided on : Jul-08-2010
..... , if the cognizance order dated 12-04-2005, passed by c.j.m. dehradun, in criminal case no. 591/2005, state v. ganesh joshi and 18 others, thereby summoning them to face trial u/ss 147, 148, 149, 34, 326, 325, 353, 332, 336, 307 i.p.c., section 7 criminal law amendment act, and section 2/3 p.p.d. act, as well as the charge sheet submitted ..... joshi and 18 others as well as the charge sheet submitted by the police against the petitioners u/ss 147, 148, 353, 332, 355, 326, 307 i.p.c., section 7 criminal law amendment act and section 2/3 p.p.d ..... by the police against the petitioners, are quashed.15. for the reasons stated above, the petition succeeds and is allowed. the cognizance order dated 12.04.2005, passed by c.j.m. dehradun in criminal case no. 591/2005, state v. ganesh ..... at 7.45 p.m. at p.s. dalanwala, u/ss 147, 148, 353, 332, 336, 326, 307 i.p.c. and section 7 criminal law amendment act, as well as section 2/3 of p.p.d. act, stating therein that on 13.12.2002 at about 1 p.m. there was an ultimatum given by the b.j.p. political party to the government for .....Tag this Judgment!
Court : Allahabad
Decided on : Oct-22-2010
..... lodged by ram narayan rai, elder brother of the deceased, at police station bhawarkol, as crime no. 589 of 2005, under sections 147, 148, 149, 307, 302, 404, 120-b i.p.c. and 7 criminal law amendment act same day at 5.25 p.m. six persons including mukhtar ansari and afzal ansari were arrayed as accused in that fir along with 7 and 8 ..... tends to interfere with due course of judicial proceeding" of s.t.no. 253 and 254 of 2006, relating to crime number 589 of 2005, u/s 147,148,149,302,307,404,120b , ipc and 7 criminal law amendment act , ps bhawarkol, district ghazipur. 2. preceding input facts generating instant contempt application,unfolded briefly and gathered from the pleadings made in the instant ..... application are that by hatching up a criminal conspiracy mukhtar ansari, a mla from district mau and afzal ansari,a member of parliament, from ghazipur, got murdered husband of the applicant on 29.11.2005 at 2 ..... relation to the court of a judicial commissioner, such law officer as the central government may; by notification in the official gazette, specify in this behalf. [a] inserted by the contempt of courts (amendment) act, (45 of 1976), s. 2 (30-3-76)." 21. an analysis of the aforesaid provisions ordains that if a criminal contempt of court, whether of this court or subordinate .....Tag this Judgment!
Court : Allahabad
Decided on : Oct-22-2010
..... framed under section 304 ipc was altered to charge under section 302 ipc read with section 149 ipc. 3. earlier charge under sections 147, 148, 304, 149 ipc and 7 criminal law amendment act was framed against the accused persons including the revisionist. the trial was over. at the stage of judgment, the trial court passed an order on 30th july, 2010 that accused ..... section 149 ipc should be framed against the accused persons instead of charge under section 304 ipc and consequently, amended the charge accordingly. initially, by order dated 12.1.20004, charge under section 147, 148, 149, 304 read with section 149 ipc and 7 criminal law amendment act was framed by the trial court. by the impugned order, charge under section 304/149 ipc has been ..... court was justified in altering the charge under section 304 read with section 149 ipc to charge under section 302 read with section 149 ipc. 7. section 216 (1) of the code of criminal procedure provides that any court may alter or add to any charge at any stage before the judgment is pronounced. 8. learned trial court at the time of ..... , the prosecution as well as the defence will be provided an opportunity to recall the witnesses examined during the trial for further examination and cross examination in respect of such amendment of the charge in accordance with section 217 code of criminal procedure. .....Tag this Judgment!
Court : Chennai
Decided on : Jun-14-2010
..... cut of date viz., 25.3.1989. admittedly, the defendants 2 and 3 were married prior to the above said date. similarly, the said amendment was superseded by the central amendment brought by hindu succession amendment act 2005 (act 1 of 1990) giving the daughters equal rights along with sons in the coparcenery properties. the hon'ble supreme court in sheela devi and others v. ..... and that the attestors saw the testator signing will and the testator saw the attestors signing the will. the conditions prescribed for proving the will which is required by law to be attested has been scrupulously fulfilled. the credibility of the witness examined as dws 2 and 3 have not impaired in anyway by cross examination. it is also ..... nucleus. the defendants have miserably failed to discharge the said burden of proof. the learned trial judge on a proper appreciation of evidence and correct application of the principles of law, came to the conclusion that all the properties described in plaint 'a' schedule were the joint family properties belonging to the hindu undivided family consisting of mahalinga padayachi and ..... in the said will itself, no distinction has been made between ancestral properties and the properties acquired by mahalinga padayachi. it seems mahalinga padayachi, on an erroneous assumption of law that whatever properties that stood in his name either ancestral or acquired using the income derived from the ancestral property or self acquisitions shall be his absolute properties over which .....Tag this Judgment!