Court : Guwahati
Decided on : Jun-27-1958
..... on taking cognizance of the offence, but it was for the purposes of the investigation only. the following observations made by dasgupta, j., in the case reported in air 1950 cal 437 (o), were approved by their lordships of the supreme court : 'what is taking cognizance has not been defined in the criminal procedure code and i have no desire ..... omission takes place; be article 2 refers to compensation for doing or for omit-ting to do an act alleged to be in pursuance of any enactment in force for the time being in india. it can have no application to the present case. the learned counsel for the plaintiff respondent is right in con ..... or commandeering private property for war purposes or quelling disturbances by force, to preserve the security of the stale stand on an altogether different footing. such acts are not justiciable in courts of law and the immunity of the state is almost unquestioned. there are other classes of acts which are done under the sanction of certain municipal laws .....
Tag this Judgment!Court : Guwahati
Decided on : Jul-10-1958
..... the assam gazette dated 6-12-1956. the industrial disputes amending and miscellaneous provisions act 1956 received the assent of the president on 28-8-1956. by section 33 of the amending act, the industrial disputes appellate tribunal act 1950 was repealed. this section came into force on 28-8-1956. on that date therefore, there was no provision for the ..... amending order, during which period the adjudicator became functus officio. sinha, j. in a decision in harendra nath v. judge, 2nd industrial tribunal, 62 cal wn 248 : (air 1958 cal 208) (d), to which mr. choudhury has referred in the course of his arguments, recognised that regard being had to the decision of the supreme court, ..... the context and the subject matters of the statute. the learned judge also distinguished the decision of the supreme court in strawboard . v. gutta mill workers' union air 1953 sc 95 (c) on the ground that the point at issue related to extension of time for giving an award and there was no question of withdrawal .....
Tag this Judgment!Court : Guwahati
Decided on : Jul-10-1958
..... 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
Decided on : Sep-12-1958
..... under section 188 of the indian penal code, but acquitted. thereafter he appears to have been detained as a security prisoner under section 3 of the preventive detention act, 1950. he was released from detention on 28-5-51 when an internment order was served on him under sections 2 (1) and 2 (4) of the assam ..... a provision analogous to article 311 of the present constitution. another instance in point is the decision of the supreme court in shyamlal v. state of uttar pradesh, air 1954 sc 369, where there were serious allegations of corruption and misconduct against the officer concerned, which led to an enquiry by the union public service commission. the ..... rules, to terminate the service the motiveoperating on the mind of the government is, aschagla, c. j., has said in shrinivas ganesh v.union of india, (s) air 1956 bom 455, wholly irrelevant.' where, therefore, the right to terminate service is founded on the right flowing from some contract or service rules which, govern the conditions .....
Tag this Judgment!Court : Guwahati
Decided on : Dec-22-1958
..... regular course of business andrepresent the true state of the transactions betweenthe parties. his evidence further proves that the lasttransaction with the defendant no. 3 was on 29-12-1950 when the latter paid a sum of rs. 2,997/8/-, asthe entry in the accounts shows, in part satisfactionof his liability. this last payment was by ..... of one-sided dealing where the other party was merely making partial discharges of his obligation. the decision in basanta kumar mitra v. chota nagpur banking association ltd., air 1948 pat 18, is also clearly distinguishable on facts.it was there held that the fact that there are oscillating balances in favour of the two parties is ..... the present case was filed within six months of 30-12-1953 when the act came into force. section 45-o further says that notwithstanding anything to the contrary contained in the indian limitation act or in any other law for the time being in force, in computing the period of limitation prescribed for a suit or application for a .....
Tag this Judgment!Court : Guwahati
Decided on : Feb-17-1958
..... registered or where there is an instrument of transfer, that the transfer has not been completed in the manner prescribed therefor by the law for the time being in force, the transferor or any person claiming under him shall be debarred from enforcing against the transferee and persons claiming under him any right in respect of the property or ..... dated 20th december, 1944. the plaintiff, after the sale, admitted the contesting defendant as his tenant and he paid him the rent for the suit land upto august, 1950.but subsequently he committed default in payment of the rent. the land is now needed by the plaintiff for his own possession and therefore he served a notice on 11th ..... the case of 16 cal lj 217 (c), referred to earlier by us and in the case of radha kamal v. puri municipality, air 1954 orissa 110 (f). section 40 of the transfer of property act also provides that where a third person is entitled to the benefit of an obligation arising out of contract and annexed to the ownership of .....
Tag this Judgment!Court : Guwahati
Decided on : Aug-28-1958
..... the export tarrif. item no. 1 of the second schedule is raw jute. section 5 of the said act provides that where the customs duty at any rate prescribed by or under this act or any other law for the time being-in force is leviable on any article when imported into, or any article when exported from, a port in the ..... with the goods of the foreign country and are consumed there. reliance was placed in this connection on the case of the empress mills v. municipal committee wardha reported in air 1958 sup. court 341. 9. it is not necessary for us for the purposes of the present cases to examine the position whether the customs duty was leviable on ..... justified in coming to this court for a writ of mandamus directing the respondent not to give effect to these notices. in this view of the matter, there is no force in the preliminary objections raised by the respondent that the petitioners had an alternative remedy available to them. the alternative remedy by appeal, as we have already pointed out .....
Tag this Judgment!Court : Guwahati
Decided on : Jun-06-1958
..... observation that high courts have not always appreciated that although error in a decision of a subordinate court does not, by itself, involve that the subordinate court has acted illegally or with material irregularity so as to justify interference in revision under sub-section (c), nevertheless, if the erroneous decision results in the subordinate court exercising ..... not exercise its revisional jurisdiction under section 115 of the c. p. code. reliance has been placed on the case of 'keshardeo chamria v. radha kissen chamria, air 1953 sc 23 (c). particular emphasis is laid on the following observation at page 28 of the report: 'this speculation was hardly relevant in view of the case ..... the employer to satisfy the separate individual claims of each employee mentioned in the schedule to the order.'in our opinion, therefore, there is no force in the first contention raised by the petitioner. the madras high court, in the case of 'a.c. arumugham v. manager, jawahar mills ltd., salem junction .....
Tag this Judgment!Court : Guwahati
Decided on : Aug-28-1958
..... primary school and not as tangaliapara lower primary school, though located in the building in the village of chakabausi. we do not think that there is any force in this contention.that the two notifications referred to two separate buildings is quite clear from the distances given in the list of the various villages comprising this ..... that the result have been materially affected by the, non-compliance.14. reliance was placed on the case of vashit narain sharma v. dev chandra, reported in air 1954 sc 513. particular reference was made to the following observation of the report at page 515 :--'these words (the result of the election has been materially affected ..... it took place at a place different from the one mentioned in the list of the polling centres published under section 25 of the representation of the people act.one of the arguments contended for was that the election of tarabari constituency was rightly held in the village primary school chakabausi as in fact the tangaliapara lower .....
Tag this Judgment!Court : Guwahati
Decided on : Aug-06-1958
..... finding is either incorrect or illegal or improper.' in this case, the petitioner had been convicted under sections 7 and 8 of the act xxiv of 1946 by the sub-divisional magistrate and was sentenced to two months' rigorous imprisonment and to pay a fine of rs. ..... , had been recognised by the bombay high court in the case of emperor v. nana shahu, air 1943 bom 209. although in that case the reference was not accepted as the high court came to the conclusion that the evidence was ..... was acquitted in revision. to similar effect is the decision, of the madras high court in the case of in re, arunachala goundan, air 1948 mad 492. that the high court has power to interfere in its revisional jurisdiction against conviction, though based on the plea of guilty ..... view was taken by orissa high court in an earlier case reported in king v. hari baisakh, air 1950 orissa 88. to the same effect is the decision of the patna high court in the case of krishna chandra v. emperor .....
Tag this Judgment!