Court : Guwahati
..... then whether maximum witnesses are scrutinized thoroughly and fairly. whether intention/motive/tendency mens rea/the attitude of such alleged official reflecting from his acts for which the process is being issued has also to be analyzed thoroughly?(vii) whether previous antecedent and general reputation of the said alleged ..... cable network at milanchakra on 26th september, 2006 and found that there were violations of the provisions of cable tv network (regulations) act, 1955 (in short called 'act', 1955). on surprise inspection, shri hrishikesh dey in stead of submitting any document of registration and other required statutory records pertaining to ..... running the business, tried to assault the petitioner along with other miscreants and used criminal force to deter the petitioner & his team members from .....
Tag this Judgment!Court : Guwahati
..... the beneficial provisions of composition of the offence either before the police officers or in the court which would be offending to section 208 of the mv act. i find sufficient force in the submission of the learned counsel inasmuch as section 279 of the indian penal code, which is readily invoked for the offences of rash and ..... into, tried, and otherwise dealt with according to the same provisions that is, the provisions of the criminal procedure code, subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences, chapter xiii of the code of criminal procedure deals with 'jurisdiction ..... aforesaid finding with the aid of section 4(2) cr.p.c. on the following premises:a special law, as observed in kaushalya rani v. gopal singh air 1964 sc 260 means a law enacted for special cases, in special circumstances, as distinguished from the general rules of law laid down as being applicable to all .....
Tag this Judgment!Court : Guwahati
..... trial:provided that no confession shall be recorded by a police officer on whom any power of a magistrate has been conferred under any law for the time being in force.(2) the magistrate shall, before recording any such confession, explain to the person making it that he is not bound to make a confession and that, if he ..... produced or sponsored by investigating officer. but the bench has distinguished that aspect from the confession recording for which the following observations have been specifically made (para 12 of air, cri lj):there can be no doubt that a confession of the accused can be recorded by a magistrate. an accused is a definite person against whom there would ..... amusing themselves.6. the police on completion of the investigation submitted charge-sheet against the accused appellants under sections 302/34 ipc read with sections 25/27 of the arms act, 1959. during the trial the prosecution examined as many as 18 witnesses including p.w. 15, p.w. 17 and p.w. 18 c.n. lungking, who .....
Tag this Judgment!Court : Guwahati
..... respondents stated that the approval of the personnel (a) for the special recruit examination for filling up the aforementioned posts from amongst the personnel of police/paramilitary forces/ncc/ex-army/home guards/civil defence/excise/jail/fire service was obtained on 18.07.1992. the personnel (a) department also relaxed the applicability of a ..... law.72. the apex court in roshan lai and ors. (supra), negated the challenge to the validity of the appointment of the private respondents therein, as air port officers (operations) for want of sanction of such posts on the ground of delay of 3 years. while expressing its opinion as such, it further noticed ..... also negated the plea of the bar of limitation recording that the appeal had been filed as permissible under section 4(2) of the assam administrative tribunal act, 1997 as the appeal/representation of the appellants against the provisional gradation list had remained undisposed for nearly 6 months. the learned tribunal also observed that there .....
Tag this Judgment!Court : Guwahati
..... failure to receive any response from the respondents as to the reason or reasons for not allowing the petitioners to join their duties towards materialising their appointment eventually forced the petitioners to invoke the writ jurisdiction of this court by filling the writ petition.6. the respondents have responded to the writ petition by filling their ..... the question for determination is as to whether the action on the part of the respondents can be said to be conforming to the requirement of not to act arbitrarily in such a matter. the petitioners were subjected to rigorous physical test followed by medical test conducted by the duly constituted selection committee, which amongst others ..... offer made was accepted by the petitioners and it became a concluded contract. in the case of roshon lal tandon v. union of india as reported in air 1967 sc 1889, the apex court dealing with the status of an employee in the realm of contractual obligation as contended by the employee held as follows : .....
Tag this Judgment!Court : Guwahati
..... hand, the petitioner is unable to prove his innocence or is being successfully prosecuted due to the half-hearted action taken by the authorities. therefore, there is considerable force in the grievances projected by the petitioner.18. for the reasons stated in the foregoing, i have no alternative but to allow the writ petition.19. consequently, ..... there might have been a case of impropriety bordering upon abuse or misuse of power of misconduct/wrong doing/bad faith on the part of the petitioner, but these acts of commission or omission may not necessarily constitute criminal offences. as a matter of fact, no specific allegations, any, any whisper of allegation, which can, at this ..... supervisory jurisdiction under cr.p.c. in emperor v. khwaja nazir ahmed the privy council spelt out the power of the investigation of the police, as follows (air p. 22):in india, as has been shown, there is a statutory right on the part of the police to investigate the circumstances of an alleged cognizable crime .....
Tag this Judgment!Court : Guwahati
..... ) a. s. i. collected information. after coming to know that the appellants were hiding in an interior hill village of malnum, p. w. 8 (biramangol singh) went with a force on 11-5-64 to arrest them. his evidence shows that he went in a jeep for about two hours, that then he went on foot from 8-30 a ..... reasonable ground for a conclusion consistent with the innocence of the accused and it must be such as to show that within all human probability the act must have been done by the accused, vide air 1960 sc 29. also, absence of explanation or a false explanation by the accused completes the chain of circumstantial evidence.the facts of the case ..... counsel for the accused and as laid down in in re, periyaswami thevan air 1950 mad 714, hanumant v. state of m.p. : 1953crilj129 , mani joseph v. state air 1954 trav-co 396, ranjit singh v. state air 1954 pepsu 69, state v. motia air 1955 raj 82, state v. thingol dhabalo singh air 1955 manipur 1, machander v. state of hyderabad : 1955crilj1644 , eradu v .....
Tag this Judgment!Court : Guwahati
..... xxx(2)xxx xxx xxx xxx(3)xxx xxx xxx xxx(4)xxx xxx xxx xxx(5) notwithstanding anything contained in any law for the time being in force, an insurer issuing a policy of insurance under this section shall be liable to indemnify the person or classes of persons specified in the policy in respect ..... provisions of this chapter shall also apply in relation to any claim for compensation in respect of death or permanent disablement of any person under the workmen's compensation act, 1923 resulting from an accident of the nature referred to in sub-section (1) of section 140 and for this purpose, the provisions shall, with necessary modifications ..... the respondent no. 1 (claimant) submitted that the appeal is not maintainable in the eye of law. according to the learned counsel for the respondent (claimant), the act dos not empower any insurance company to file an appeal. the learned counsel raised another technical objection relating to the maintainability of the appeal by submitting that the insurance .....
Tag this Judgment!Court : Guwahati
..... there is also no force in the submission made on behalf of the appellant that the income-tax officer, before feeling satisfied regarding the necessity of initiating proceedings for imposition of penalty ..... satisfied about the matters referred to in clauses (a) to (c) of sub-section (1) of section 271 during the course of proceedings under the act even though notice to the person proceeded against in pursuance of that satisfaction is issued subsequently."at page 563 of the report, their lordships have further observed :" ..... clause (1) of section 271 is that the income-tax officer or the appellate assistant commissioner should have been satisfied in the course of proceedings under the act regarding matters mentioned in the clauses of that sub-section. it is not, however, essential that notice to the present proceeded against should have also been .....
Tag this Judgment!Court : Guwahati
..... of the constitution. were the argument estoppels valid, an all powerful state could easily tempt an individual to forego his precious personal freedoms on promise of transitory, immediate benefits, air 1959 ac 149 rel. on'.15. there cannot be any dispute to the above ratio of law but in the present case the state has not claimed any estopple ..... of the lessees and sub-lessees13. the facts of the present case are altogether different and the khas land vested with the state prior to coming to the force of 1960 act and as a matter of fact, land reforms act was enacted for public purpose. we, therefore, hold that the appellants were not brought under the purview of the 1960 ..... and 205 in the name of the appellant in respect of the lands described in item no. 10 above vide order 23.10.1950 and, thereafter, pursuant to the provisions of the tripura land revenue and land reforms act, 1960, the land covered by the above kayemi talluk no. 203, 204 and 205 were vested in the government under section .....
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