Unlawful Activities (Prevention) Act, 1967, Section 43D, 13, 17, 18, 18(B), 38, 39, Indian Penal Code, 1860, Section 120B, 153A, 153AA -- Bail - Offence u/ss 13, 17, 18, 18(B), 38, 39 of UAPA and Ss.120-B, 153-A, 153-AA IPC - There are reasonable grounds for believing that accusations against respondents are prima facie true and that the mandate contained in S.43(D)(5)..........
Income Tax Act, 1961, Section 12AA -- Registration of Trust - Cancellation - Misuse of status by Trust after registration - Entity which is misusing status conferred upon it by S.12-AA of the Act is not entitled to retain and enjoy said status - Registration of Trust rightly cancelled by authorities...........
Wealth Tax Act, 1957, Section 21AA -- Assessment of wealth tax - Association of persons - Club in question is a social club, where persons banded together do not band together for any business purpose or commercial purpose in order to make income or profits - Club is an association of persons and not creation by a person - S.21-AA of the Act thus, not attracted...........
Income Tax Act, 1961, Section 12AA -- Registration of Trust - Newly registered Trust is entitled for registration u/s 12-AA of the Act on basis of its objects - There is no stipulation in S.12-AA of the Act that Trust should have already been in existence and should have undertaken any activities before making application for registration...........
Punjab Good Conduct Prisoners (Temporary Release) Act, 1962, Section 3 -- Parole - Where father or mother is seriously ill - Parole cannot be denied on the ground that petitioner has committed jail offence, as S.3(1)(aa) r/w S.3(2)(b) of the Act prisoner is entitled to temporary release for period of 6 weeks where father or mother is seriously ill...........
Constitution of India, 1950, Article 14 -- Telangana Municipal Corporation Act, 1994, S.3-A, Telangana Municipalities Act, 1965 S.3, Telangana Municipalities (Inclusion or Exclusion of Areas into/from limits of Municipalities/Nagar Panchayats) Rules, 2006, R.2, Telangana Municipalities Act, 1965, Ss.2(42-aa), 3(1B) (as inserted by Act, 2018) - Validity of amendment -..........
Constitution of India,1950 -- Entry 5 of List-II of Schedule VII, Telangana Municipal Corporation Act, 1994, S.3, Telangana Municipalities Act, 1965, S.3, Telangana Municipalities Act, 1965, Ss.2(42-aa), 3(1B) (as inserted by Act, 2018) - Competency - Parent Acts of 1994 & 1965 and impugned legislation by way of Act of 2018 is made in respect of State of Telangana and the..........
Telangana Municipal Corporation Act, 1994, Section 3 -- Telangana Municipalities Act, 1965 S. 3, Telangana Municipalities Act, 1965, Ss.2(42-aa), 3(1B) (as inserted by Act, 2018) - Amendment Act in consonance with Parent Acts - Amendment Act is within province of State legislature under the provisions of Constitution - Thus, same is not against texture of Parents Act...........
Telangana Municipal Corporation Act, 1994, Section 3 -- Telangana Municipalities Act, 1965 S. 3, Telangana Municipalities Act, 1965, Ss.2(42-aa), 3(1B) (as inserted by Act, 2018) - Requirement of notice - Legislation is general in nature not intended against any particular individual and no specific right of the individual is affected - Therefore, rules of natural justice..........
Arms Act, 1959, Section 25(1AA) -- Recovery of six live cartridges from a car driven by A-1 - A2 was no where near the car - He was arrested only because he was the registered owner of car - A-2 was not in possession of prohibited ammunition at all, much less for purpose of sale which is a requirement for attracting provision of S.25(1-AA) of the Act - Conviction of A-2..........
