Court : Guwahati
..... and ors. v. the salvation army, western india territory (supra), the provision for levy of contribution contained in section 58 of the bombay public trusts act, 1950 and the rules 32 and 33 of the rules framed thereunder was impeached being beyond the powers of the state legislature. in responding to the emerging debate ..... over the market committee(s) to be overseen by the state government. this functional hierarchy notwithstanding, as the coordination in the trinity is the driving force to achieve the avowed purpose of the legislation, any inflexible and rigid compartmentalization of the activities of these three bodies mutually exclusive of each other is not ..... the following decisions of the apex court:1. : [1968]2scr421 , deputy commercial tax officer, saidapet, madras and anr. v. enfield india ltd. cooperative centeen ltd.2. air 1967 sc 973, sri krishna coconut co. and anr. v. east godavari coconut and tabacco market committee.3. : (1996)6scc185 , mancheri puthusseri ahmed and ors. v. .....
Tag this Judgment!Court : Guwahati
..... judge, manipur, but as the code of criminal procedure has not been enforced in manipur under the merged states (laws) act, 1949 and part c states (laws) act, 1950, the provisions of manipur state courts' act, 1947, are applicable where they are against the provisions of the code of criminal procedure and as under section 15 of ..... 5 of 1898) had not been extended to manipur and so tile question of sanction was, therefore, to be governed by the provisions of the corresponding jaw in force in manipur state.the word 'corresponding' has been given a meaning in the universal english dictionary by wyld as-, 'standing in a similar relation, agreeing with, ..... instances at least the unsuccessful attempt to excite, will not| undermine or attempt to overthrow the state.(13) in 'romesh thappar v. state of madras' air 1950 ec 124 (s), it was also held that the constitution in formulating varying criteria for permissible legislation imposing restrictions on the fundamental rights enumerated in article 19(1 .....
Tag this Judgment!Court : Guwahati
..... of detention was challenged only in one case as illegal on the ground that the period was not initially mentioned when notices of detention under section 3, preventive detention act 1950 was served upon the petitioner but hero the contention is that after the matter passed through the advisory board, a period ought to have been specified for which the ..... cause for the detention of the persons concerned, under section 10(2) of the act whereupon the government confirmed its original order as passed on 5.9.1951 in both the oases without naming any period for which this order of detention will be in force or how long the detention will continue.3. mr. lahiri appearing for the petitioners ..... confirmation under section 11(1) of the act is enough to show for what period the detention is meant but whore the preliminary order is silent as to the period of detention it is obligatory for the government to state for what period the order of detention will be in force and if there is no mention of such .....
Tag this Judgment!Court : Guwahati
..... there, these provisions, though discriminatory, could not have been challenged before the advent of the constitution. when, however, the constitution came into force on 26th january, 1950, the citizens obtained the fundamental rights enshrined in part iii of the constitution including the right to equality of laws and equal protection of ..... powers to the commission by way of investigation into the affairs of the scheduled companies. both the constitutional validity of the notification and of the act under which the notification was issued, were called in question in that case. the supreme court, after rejecting the contention based on legislative competence, ..... considered the question of the constitutionality of the act, with particular reference to article 14 of the constitution. they quoted with approval the following observations of the constitution bench of seven judges of the .....
Tag this Judgment!Court : Guwahati
..... of the constitution of india the merged states (laws) act, 1949 which came into force on 1-1-1950 enforced the code of criminal procedure (act v of 189s) in all the part c states vide schedule appended to this act (s. 3 of the act). part c states (laws) act 1950 came into force on 16-4-1950 and it was laid down in section 3 that the ..... of their own, the crown has power to alter and change those laws, but until this is actually done the ancient laws of the countries remain in force;' vide also 'edgar sammut v. strickland'. air 1939 pc 39 (h); 'freeman v. fairlie', 1 moo ind app 305 (i) and 'campbell v. hall (1774) 20 state tr 239 at p. 325 (j); ..... speak is expected, opponents should be prohibited from interfering under section 144, criminal p. c. and not the other persons from speaking;, vide also 'mt. jasoda lekhraj v. emperor' air 1939 sind-167 (g).9. i have already mentioned above that tile application dated 7-4-1955 referred to above shows that the speeches which were to be delivered in .....
Tag this Judgment!Court : Guwahati
..... per the order of hon'ble the chief justice, to consider the question as to whether in the matter of conviction under section 10 of the central reserve police force act, 1949 ('the act'), an appeal lies against the order of conviction passed under the above section of law.2. facts (in crl. revn. no. 472/03) leading to the present ..... of appeal from any judgment or determination unless an appeal is expressly provided for by the law itself.' in mustaq ahmed mohammed hussain and anr. v. state of gujarat air 1973 1222, the apex court observed - 'the right of appeal conferred by section 410 read with section 418 cr.p.c. entitled the appellants to question the conclusions ..... in the present case, lacks jurisdiction to entertain the appeal in question arising out of conviction and sentence passed under this special act.13. in the case of r.s. nayak v.a.r. antuley reported in air 1984 sc 684, a similar question, though in a different context, was raised before the constitution bench. it was rotated to .....
Tag this Judgment!Court : Guwahati
..... member of the home guards when called out under section 4 shall have the same powers, privileges and protection as an officer of police appointed under any act tor the time being in force and sub-section (2) of section 5 shows that such a member cannot be prosecuted without previous sanction of the district magistrate. section 6b(1) further ..... and subsequently in the wake of chinese aggression in 1962 the central government advised the states and the union territories to merge their existing voluntary organisations into one all india force to be known as 'home gurads' which would be voluntary both in concept and character. it is stated that home guards platoon commander is not equivalent to the ..... he may also carry a rifle or a revolver or other weapons' sanctioned by the chief commissioner. '19. in the case of sher singh v. state of madhya pradesh, air 1955 nagpur 175 it was held that article 311 was applicable to the home guards appointed under the central provinces and berar home guards .....
Tag this Judgment!Court : Guwahati
..... already been dealt with elaborately in the ease referred to.in our opinion, therefore, section 17 (3) is within the permissible limits of delegation. there is, therefore, no force in this contention of the petitioner either. after carefully considering, all the authorities cited, we are of opinion that the constitutional questions raised by the petitioner, have no substance. ..... the case of miss kishori shetty v. the king 1949 fcr 650 : a.i.r. 1950 fc 69 (a), the appellant had been convicted under section 14-b of the bombay abkari act 1878 for having in her possession in contravention of the act, a quantity of foreign liquor in excess of the limit permitted under a notification issued under ..... we have already referred to section 73 which is in similar terms as section 139 of the bombay act and thus in view of the decision in balsara's case (b), this contention of the applicant's counsel can have no force, it cannot therefore be said that the provisions of section 17 (3) are wholly void. so .....
Tag this Judgment!Court : Guwahati
..... is incompetent. a pure question of fact considered or to be considered by the registrar is not availablefor consideration in an appeal under section 80(3) of the act 1974 air 327 -- abdul karim v. abdul latif (sic). further the admitted position is that at the time of disposal of the appeal and at the time of ..... member.4. shri raghunath das -- member.5. shri lahiram hazarika -- member.6. shri kamal das -- member.7. shri badal barman -- member. this order will come into force with immediate effect. this order is made consequent upon the stay issued by the hon'ble asstt. dist. judge, tezpur vide order as intimated by the govt. pleader, tezpur court ..... .3. shri bogiram das -- member.4. shri rangnunath das -- '5. shri lahiram hazarika -- '6. shri kamal das -- '7. shri bedal barman -- ' this order will come into force with immediate effect, this order is made consequent upon the stay issued by the hon'ble asstt. dist. judge, tezpur vide order as intimated by the government pleader, tezpur court .....
Tag this Judgment!Court : Guwahati
..... result, the tribunals and the appellate tribunals constituted under the illegal migrants (determination by tribunals) act, 1983 shall cease to function. the passport (entry into india) act, 1920, the foreigners act, 1946, the immigrants (expulsion from assam) act, 1950 and the passport act, 1967 shall apply to the state of assam. all cases pending before the tribunals under the ..... the person concerned shall have no option subject to interference by the highest court but only is to be deported under act when the same itself is not in force and hence such act will be highly prejudicial to him infringing the fundamental rights guaranteed under articles 14 and 21 of the constitution of india ..... dated 12.7.2005 in the case of sarbananda sonowal vs union of india and another, reported in (2005) 5 scc 665 = air 2005 sc 2920, declared the provisions of imdt act and the illegal migrants (determination by tribunals) rules, 1984, for short, imdt rules to be ultra vires the constitution and struck them .....
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