Court : Guwahati
..... before the summary court martial proceedings.14. indisputably, the petitioner has been tried for committing civil offence under section 69 of the army act, 1950 for abetment under section 109 ipc read with section 20(b) of the ndps act, 1983. the offence against the petitioner is abetment of his colleague in procuring and transporting 30 kgs of ganja ..... .01, followed by a supplementary petition dated 27.7.01 before the deputy inspector general hq, nagaland range (south), assam rifles, kohima under section 164 of the army act, 1950 against the impugned summary court martial proceedings dated 3.8.1999. in those two petitions, the petitioner made no allegation, not even a whisper ..... of punishment. the said writ petition was disposed of on 12.3.01 allowing him to file a petition before a competent authority under section 164 of the army act, 1950 and directing the competent authority to dispose of the petition within 2 months from the date of receipt of the said petition from the petitioner .....
Tag this Judgment!Court : Guwahati
..... of u.p. ex officio, with respect to all the universities established under the provisions of the u.p. state universities act, 1973 (hereinafter referred to as `the act 1973 ). section 68 of the act, 1973 empowers the chancellor to entertain any question, related to the appointment, selection, promotion or termination of any employee in ..... case may be. when the constitution itself thus equates the governor with the state government for the purposes of relevant functions . further, section 3(60)(c) of the general clauses act, 1897 defines state government to mean governor which definition is in conformity with the provisions of the constitution 38 [the] governor means ..... government of a state cannot be carried in accordance with the constitution (article 356). the auditor-general, the attorney-general, the governors and the entire army of public servants hold office during the pleasure of the president. bills cannot become law, even if passed by parliament, without the assent of the president .....
Tag this Judgment!Court : Guwahati
..... a rifleman in the 14th assam rifles and he was prosecuted under section 69 of the army act, 1950 (hereinafter referred to as the army act ), for committing a civil offence, punishable under section 20(b) of the narcotic drugs and psychotropic substances act, 1985 (hereinafter referred to as the the ndps act ). the specific charge against the rifleman was that he was found ..... 0645 h at guwahati rly station, you were found in possession of 36 kgs of contraband ganja which is a violation of section 20(b) of the narcotic drugs and psychotropic substances act 1985 and army act sec 69. (b) you have also stated to the court that you were forced by some drug peddlers residing in your ..... reply of the rifleman, the dig, assam rifles, nagaland range (south) on 21.8.2003 (annexure-4) invoked the powers under section 20 of the army act read with rule 17 of the army rules, 1954 and ordered for dismissal of the rifleman w.e.f. 31.8.20013. initially the petitioner challenged the dismissal order through .....
Tag this Judgment!Court : Guwahati
..... dismissal, discharge or retrenchment has led to that dispute, but does not include any such person- (i) who is subject to the air force act, 1950 (45 of 1950), or the army act, 1950 (46 of 1950), or the navy act, 1957 (62 of 1957); or (ii) who is employed in the police service or as an officer or other employee of a prison; ..... equipments and attend to their mechanical defects and imparting training to customers technicians on sale matter which is not may primate job, i act instructions of higher-ups. 11. section 2(s) of the industrial disputes act, 1947, defines the term workman which reads as follows:- [(s) "workman" means any person (including an apprentice employed in any ..... the learned labour court has dealt with the same in paragraphs 10 to 16. referring to the definition of the term workman as defined under section 2(s) of the industrial disputes act, 1947 and also referring to the decision referred to in the said paragraphs of the award, the learned labour court after observing that to .....
Tag this Judgment!Court : Guwahati
..... cases. i have already mentioned earlier that when the cases are tried, adopting warrant procedure, witnesses are at least summoned in the court thrice. 18. section 36 of the ndps act gives clear indication that special courts are being constituted for speedy trial of narcotic cases and to pursue this object certain special procedure for filing of the ..... this behalf by the government; (b) where a person accused of or suspected of the commission of an offence under this act is forwarded to a magistrate under sub-section (2) or sub-section (2a) of section 167 of the code of criminal procedure, 1973, such magistrate may authorise the detention of such person in such custody as ..... singh v. state of bihar8 and kadra pahadiya v. state of bihar 9 to quote only a few. this is also the avowed objective of section 36(1) of the act. however, this laudable objective got frustrated when the state government delayed the constitution of sufficient number of special courts in greater bombay; the process of .....
Tag this Judgment!Court : Guwahati
..... of a will are no longer res integra. a will must be proved having regard to the provisions contained in clause (c) of section 63 of the succession act, 1925 and section 68 of the evidence act, 1872, in terms whereof the propounder of a will must prove its execution by examining one or more attesting witnesses. where, however, ..... will is not an ordinary document. it although requires to be proved like any other document but the statutory conditions imposed by reason of section 63 (c) of the act and section 68 of the evidence act cant be ignored. 53. as an order granting probate is a judgment in rem, the court must also satisfy its conscience before it ..... by blunt object and the cause of death was drowning. (iv) on his death, the appellant, claiming to be his legal heir, filed an application under section 372 of the indian succession act, 39 of 1925, seeking a succession certificate for herself and their minor son. this application was registered as misc. (succession) case no. 88/2002. the .....
Tag this Judgment!Court : Guwahati
..... based on nitinbhai (supra), it will be appropriate to consider the said judgment in detail. in the said case, the complainant filed the complaint case under section 138 of the act with regard to dishonour of a cheque for a sum of rs.11,23,000/- on account of insufficiency of fund after serving demand notice which was returned ..... itself, the cheque was returned with a memo containing the endorsement, insufficient fund in the account of the accused person. a notice of demand was issued under section 138 of the act and even after receipt of the notice, the accused did not repay the amount within the stipulated period and hence, the case was filed. 3. finding a ..... , relevant for the purpose of disposal of this revision, are that the respondent as the complainant instituted n.i.case no.2071c/06 under section 138 of the negotiable instrument, act,1881, for short, act, before the learned chief judicial magistrate, tinsukia in respect of dishonour of a cheque dated 18.9.2006 for an amount of rs.50,000 .....
Tag this Judgment!Court : Guwahati
..... is also directed to investigate and find out the person(s) responsible for the death of biswajit acharjee while in army custody, for which lumding p.s. case nos.64/04 and 65/04 have already been registered under section 342/325/302/34 ipc, and to complete the investigation, if not already completed, so that if anyone is ..... has to be awarded under the public law remedy, based on the principles of strict liability and in addition to the claim available in private law for damages for tortious act of the public servants. having regard to the age of the victim, i.e. 28 years, whose monthly income was rs.10,000/- and also the fact that ..... stated relating to holding of a court of enquiry, result of the same has not been disclosed. 5. the state government has controverted the statements made by the indian army in the affidavit-in-opposition filed. the superintendent of police, nagaon, in his affidavit-in-opposition has clearly stated that it was found during enquiry that biswajit acharjee was .....
Tag this Judgment!Court : Guwahati
..... of the deceased and accordingly filed charge-sheet against the said nine accused for committing offences under section 147/148/302 read with section 149 of the ipc and section 27(a) of the arms act. 4. before the trial court, the pw-2 stated that pw-3 and pw-4 came ..... available in the evidence of pw-5 is to the effect that he being a witness to the incident he went to the nearby army camp and informed the jawans present and later he was taken by the personnel to the police station. at the time when the pw ..... the police station the pw-2 came there and reported the matter to the police. indeed, the pw-5 went to the nearby army camp and informed the matter to the personnel present and later he was taken to the police station by the jawans. the gd entry ..... when he was coming behind the deceased, pw-3 and pw-4, he found the deceased shot at. he rushed to a nearby army camp and reported the matter to the personnel present and later he was taken to the local police station by the jawans. the evidence .....
Tag this Judgment!Court : Guwahati
..... failed to submit the annual financial statement of accounts and annual report of the previous year. it was claimed in this paragraph that in the process section 30(4) of the act have become applicable and under the aforesaid circumstances, the board of directors ceased to be in office by operation of law and as such subsequent notice ..... the annual report and the financial report of the previous year before 21.07.2013, the contention of the writ petitioners in the second writ petition that section 30(4) of the act become operational cannot be brushed aside. in that event, the board may have become automatically non-existent on 21.07.2103 itself. under such circumstances, ..... were willfully not prepared before 15 days of the annual general meeting for inspection of the members or for placing before the annual general meeting. 16. section 30(1) of the act has endowed the board or managing committee, as may be named in the byelaw of the society, with responsibility, inter alia, to deal with annual .....
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