Judgment Search Results Home > Cases Phrase: air force act 1950 chapter 1 preliminary Court: guwahati Page 47 of about 515 results (0.104 seconds)

Ghanashyam Das and ors. Vs. the State of Assam and ors.

Court : Guwahati

..... of proceedings under article 226, constitution of india. in the madras case, it was held that the tribunal whose order was sought to be quashed was a necessary party. in--'air 1952 cal 753' (b), the nature of the proceeding was determined on the assumption that the tribunal or the official whose order is sought to be quashed, was a ..... of such proceedings, or for giving fuller or more satisfactory effect to them than could be done by the court below.'in--'belait sheikh v. state of west bengal', air 1952 cal 753 (b) the second case relied on by the learned advocate general the writ prayed for was also of the nature of certiorari for the quashing of the ..... section 9 (2) (c) and, therefore, his orders were for and on behalf of the provincial government as the word 'board' meant the provincial government.5. the government of india act, 1935 came into force on 1-4-37. before this act came into force the board which was the appellate and the revisional authority under section 9 of the excise .....

S.B. Choudhury and anr. Vs. I.P. Changkakati and anr.

Court : Guwahati

Reported in : 1960CriLJ1551

..... or by the gov emment of assam,2. police or intelligence branch reports leadtog to the issue of detention order against sri m. h. choudhury in 1950, under the p. d. act,were unpublished official records relating to the affairs of the state and that their disclosure will be prejudicial to public interest for the reasons mentioned in the ..... the document belongs to a class which on grounds of public interest, must as a class be withheld from production.15. the principles discussed above apply with equal force to the document directed to be produced under item 74 of the petition, namely dossier and personal folder of sri m. h. choudhury mentioned by the special superintendent ..... 74 and the amended items read as follows:9. police or intelligence branch reports leading to the issue of detention order against sri m. h. choudhury, in 1950, under the p. d. act.74. dossier and personal folder of sri,m.h. chaudhury, maintained by the specia superintendent of police, c. i. d'., shillong; and/or by govt. .....

J.P. Rai, Ias Vs. the State of Arunachal Pradesh and ors.

Court : Guwahati

Reported in : AIR2009Gau151

..... in him in the very nature of things.in coming to the said conclusion the calcutta high court also relied upon certain observations made by the supreme court in : air 1962 sc 876 pramathnath talukdar v. saroj ranjan sarkar. the supreme court at page 883 held:.i further think that the chief justice must have the inherent power to ..... flow from the rules framed under article 225 of the constitution. such authority flows from the constitution itself.8. a full bench of the calcutta high court in : air 1990 calcutta 168 sohan lal baid v. state of west bengal had an occasion to examine the legal position in this regard. speaking for the full bench justice pd ..... 357, it was ruled that power that was conferred by section 108 of the government of india act, 1915 could be exercised from time to time with reference to jurisdiction whether existing at the time of the coming into force of the said act or whether conferred by subsequent legislation, and that the said power still subsists and that it has .....

Ngounipu Kabui Vs. Lungbujei Kabui and ors.

Court : Guwahati

..... , who were already examined, with reference to the witnesses, who are now to be examined and that, therefore, the respondents will be prejudiced. this argument was met in air 1950 orissa 245, wherein it was held that the prejudice can be early avoided by directing the magistrate to give the respondents every facility to recall the prosecution witnesses, who had ..... to the examination of the new witness is twofold. firstly, they urged that sub-section (1-a) of section 204 cr.p.c. was introduced by the criminal procedure code amendment act (act 26 of 1955) that no summons or warrant shall be issued against the accused under sub-section (1) of section 204 cr.p.c. until the list of the ..... warrants were already issued after the magistrate took cognizance of the case, the new witness cannot be examined under section 256(1) cr.p.c. their contention has no force.sections 204 and 205 cr.p.c. are the two sections in chapter 17 cr.p.c. section 204 cr.p.c. lays down inter alia that the magistrate .....

Mohan Choudhury Vs. the State

Court : Guwahati

..... of 150 persons at about 6 p.m. shouting slogans and on reaching the main gate of the rehabilitation office tried to force entry into the office and started pushing the police officers and constables on duty and that shri k.p. chakraborty as s.d ..... assembly and to arrest the petitioner, who was the leader of the assembly, the police dispersed the riotous mob by the application of force and arrested the petitioner. the s.d.m. requested the o/c, kotwali police station that a case under sections 147, 353 ..... search warrant was issued and that it was in contravention of the provisions of section 23(3) of the foreign exchange regulation act, which provides that a court cannot take cognizance of an offence without a complaint in writing by an officer authorised in that ..... this matter has now been set at rest by the decision of the supreme court 'gopal das sindhi v. stats of assam air 1961 sc 986 in which it has been laid down that when a magistrate applies his mind not for the purpose of proceeding .....

Khargeswar Choudhury and anr. Vs. Isfaque HussaIn and ors.

Court : Guwahati

..... my considered opinion also, the plaintiff lost his title over the suit land as far back as in 1976 when the assam fixation of ceiling on land holdings act came into force and, therefore, he has no locus standi to institute the suit for eviction of the defendant. in view of this conclusion, i think it is not" ..... finding reached by the lower authorities where two views were possible and unless those findings were found to be patently bad and suffering from clear errors of law."2. air 2000 sc 931 (mohan amba prasad agnihotri and others v. bhaskar balwant aher (dead) through l. rs respondents) where in para 5 the supreme court has ..... submits that this application under article 227 is frivolous one and this court should not entertain this application. regarding this preliminary objection, he places reliance on three decisions :1. air 1984 sc 38 (mohd. yunus, petitioner v. mohd. mustaqim and others, respondents). he relied on para 7 of that judgment and that is quoted below :'the supervisory .....

Khargeswar Choudhury and anr. Vs. Isfaque HussaIn and ors.

Court : Guwahati

..... in my considered opinion also, the plaintiff lost his title over the suit land as far back as in 1976 when theassam fixation of ceiling on land holdings act came into force and, therefore, he has no locus standi to institute the suit for eviction of the defendant. in view of this conclusion, i think it is not' ..... finding reached by the lower authorities where two views were possible and unless those findings were found to be patently bad and suffering from clear errors of law.' 2. air 2000 sc 931 (mohan amba prasad agnihotri and others v. bhaskar balwant aher (dead) through l. rs respondents) where in para 5 the supreme court has pointed ..... submits that this application under article 227 is frivolous one and this court should not entertain this application. regarding this preliminary objection, he places reliance on three decisions :1. air 1984 sc 38 (mohd. yunus, petitioner v. mohd. mustaqim and others, respondents). he relied on para 7 of that judgment and that is quoted below : 'the .....

Ghana Gogoi Vs. the State of Assam

Court : Guwahati

..... proved, unless and until it is disproved. (emphasis is added) 54. since section 4 uses the expression unless and until it is disproved, one has to per force turn to section 3, which defines not only prove and not proved but also disproved. section 3 reads, a fact is said to be disproved, when, after considering ..... definition, penal provision, or illustration. 39. the fundamental principle, which runs through all the general exceptions, is that every man is presumed to know the consequences of his acts or omissions; but law recognizes certain circumstances, as provided under the general exceptions, whereunder the presumption of knowledge and intention is done away with or, at least, relaxed ..... lightens the burden placed on the prosecution by section 101 and/or section 102 of the evidence act. one of the cases, relied upon, in order to support this proposition, by iqbal ahmed, j., was hori lal v. emperor (air 1933 all 893), wherein it was held as under: it is an essential principle of criminal .....

Abdul Gofur Mondal Vs. The State of Assam, represented by the Commissi ...

Court : Guwahati

..... terminating the service of the petitioner and resolution no. 2 dated 20-6-2008 appointing the respondent no. 8 (abul kalam azad) are void ab initio and have no force and are, therefore, to be ignored at all times and that the respondent no. 8 can place no reliance on such document to assert any claim based on it. ..... dismissed by the learned munsiff, bilasipara for non-joinder of necessary party. the issue is no longer res integras. the apex court in sheodan singh v. smt. daryao konwar, air 1966 sc 1332 held as follows: 16. this brings us to the main point that has been urged in these appeals, namely, that the high court had not heard ..... west lac (annexure-1) and the particulars of vlp schools for the year 2010 (annexure-2). in the year 2010, he filed an application under the right to information act, 2005 to the sub-divisional officer (civil), bilasipara requesting him to furnish him information about the number of teachers, number of students, the proceedings of the managing committee of .....

Smt. Tarulata Devi and ors. Vs. Nikhil Bandhu Mishra and ors.

Court : Guwahati

Reported in : 1982CriLJ1665

..... restoration of possession once he is satisfied that the dispossessed party was in actual or deemed possession under the second proviso. similarly in a. n. shah v. nageswara rao air 1947 mad 133 : (1947) 48 cri lj 435 it was held that merely because there has been no further violence after one of the parties had wrongfully and forcibly ..... section 145 in such a case permits the magistrate to direct restoration of possession with the legal effect that it is valid until eviction in due course of law. in air 1926 bom 91 (supra) the high court of bombay held that it would be unfair to allow the other party the advantages of his forcible and wrongful possession and ..... war ali, sunilal bhattacharjee, monajir ali support the claim that tarulata had constructed the house and the 2nd party used force to drive her out therefrom and in fact she was thrown out of the house. these were the acts of dispose session which stare on the face of the records. assuming that the 2nd party had their right title or .....