Court : Guwahati
..... the rifle & the ammunition without licence and that he wanted to sell it to some one in the naga village. both the above accused are clearly guilty under section 19(f) of the arms act.8. i agree with the observation made by the learned district magistrate that the statement of the accused do not constitute a credible defence. (after going through ..... & 307/149 i.p.c. apart from this, accused khomei singh and lukram ram singh were also separately charged for an offence punishable under section 19(f) of the arms act, they denied the charge and pleaded not guilty. none of them has produced any defence. relying on the prosecution evidence the learned district magistrate has convicted and sentenced khomei singh ..... , i.p.c. each, the two sentences to run concurrently; both of the above accused are also convicted under section 19(f) of the arms act and sentenced to 3 years r.i. to run after the expiry of the above sentences. thus both of the above accused are to undergo 10 years r.i. in .....
Tag this Judgment!Court : Guwahati
..... singh is sentenced to 3 years' r.i. under section 19(f) of the arms act.5. in awarding punishment the learned district magistrate has kept in view two principles viz.:(i) that the ring-leaders in this conspiracy, the general and colonels, as it were of the army should receive heavier punishment than the privates and camp followers ..... to wage war against the government of india. on or about 9.3.50 they formed an army which they called 'red guard army' and regular military training was given to this army with arms and ammunition and other weapons.in march 1950 a hidden camp was discovered at nungshigum hill where the party members were given training in the ..... it is always difficult to secure outside and independent evidence. it is to be proved by circumstances. all the above documents discussed above are relevant under section 10 of the evidence act, both to prove the existence of conspiracy and to prove the conspiracy of the different accused in it. code names (tek names) is also a .....
Tag this Judgment!Court : Guwahati
..... and efficient management of forests, fisheries, etc., in the preamble, but incorporates the purpose and scope outlined in the preamble as substantive provisions in s. 3 of the impugned act. section 3 is in these terms : '3. (1) notwithstanding any law for the time being in force or the terms of any contract or grant, whenever it appears to ..... 3. in support of his contentions, mr. ghose has relied upon the judgment of shearer and sinha jj. in kameshwar singh v. province of bihar, a. i. r. 1950 pat. 392 (s. b.) and he has invited us to give effect to their judgment rather than the judgment of das j., who, while agreeing with shearer and sinha ..... property, is, however, subject to the requirement that it must be for a public purpose, and that provision is made by the legislature in the act for compensation. in 'minister of state for the army v. dalziel' sawer's australian constitutional cases, 499, rich j. observed :'the meaning of property in such a connection must be determined upon general .....
Tag this Judgment!Court : Guwahati
..... view that has prevailed in the calcutta high court for quite a long time. it was held in--'governor-general in council v. jesraj tilakchand', air 1950 assam 83 that- 'under section 12 the time taken from the date of the pronouncement of the judgment to the date of the signing of the decree, cannot be properly excluded ..... praharaj v. balmakund'. air 1921 pat 33 it is not enough for granting special leave to appeal under section 109 that a decision upon the construction of a section of a tenancy act such as bengal tenancy act or orissa tenancy act or any other, will affect incidentally the rights of those who have holdings or tenures subject to one or ..... lahiri referred us, to certain observations of naik j. in--'narhari v. shankar', 1950 scr (hyd) 754 on the point the learned judge who delivered the judgment observed that 'the high court was wrong in not giving tothe appellant the benefit of section 5, limitation?act in view of the conflict of decisions regarding this question not only in the .....
Tag this Judgment!Court : Guwahati
..... in proceeding legal and equitable against the secretary of state in council as they could have had against the corporation. this provision was in substance reproduced in section 32, constitution act of 1919, which provides as follows: 'every person shall have the same remedies against the secretary of state in council as he might have had against ..... authorities are not justiciable by the ordinary tribunals. martial law had been proclaimed in the area in question and war was also raging actually. in this case army authorities were not in charge of the administration. certain offences were triable no doubt by military authorities but this circumstance does not bring the case within the scope ..... the supreme court on appeal vide--'province of bombay v. khushaldas s. advani', air 1950 s c 222 (u) did not go into the question whether the state of bambay could claim immunity on the ground that the act complained of was an act of state. mookerjee j. with whom mahajan j. agreed, dealt with this aspect .....
Tag this Judgment!Court : Guwahati
..... meaningless. the entire masses of the country seek today a drastic change of things.mr. medhi contends that this clearly shows that the author encouraged mutiny in the army and the navy and the police force and is, as much, definitely encouraging violence.in my opinion, it does nothing of the kind. it is common ..... follows :it is not possible for such a person to understand the significance of mutiny in the navy; for him a revolt in the police force or the army brings no significance; the present movement of the workers bears no political or social significance to him; he has no enthusiasm in the present revolution. because all ..... sarjoo prosad, c.j.1. this application under section 24, press (objectionable matter) act, 1951 (act 56 of 1951), hereinafter called the tress act is directed against an order, dated 4-3-1950, made by the governor of assam under section 11 of the said act, forfeiting to government the booklet entitled 'samaj tantrabad kiya lagey' written by one panna lal das gupta .....
Tag this Judgment!Court : Guwahati
..... facts which were in possession of the department.there was no information in the possession of the income-tax officer justifying reassessment under section 34 of the act. thereafter, an application under section 27 of the act was failed for cancellation of the assessment made on the 4th march, 1952. an appeal was also preferred against the assessment order ..... by the assessees under article 226 of the constitution. briefly the facts giving rise to this appeal were that the assessee was reassessed under section 34 of the act. the notice under section 34 in this case was served on the firm and the point raised in appeal before the supreme court was that the notice should have ..... he refers to the following passage at page 260 of the report :"it is clear that two conditions must be satisfied before the income-tax officer can act under section 34(1)(b). he must have information in his possession which in the context means that the relevant information must have come into his possession subsequent to .....
Tag this Judgment!Court : Guwahati
..... reasonable suspicion existed that he has committed or is about to commit a cognizable offence. as soon as such arrest is made, the army have to make over the arrested person, under section 5 of the said act, to the o/c of the nearest police station together with a report of the circumstances occasioned in the arrest.in this case, ..... is stated that the arrest of the three persons was made by the military under section 4(c) of the armed forces (assam and manipur) special powers act, 1958 (hereinafter to be referred to as the act). such arrest can be made under section 4(c) by the army of a person who nor either committed a cognizable offence or agains whom a ..... question of proceeding against the arrested person under section 109, cri.p.c. would arise. but the provision for arrest by the army under section 4(c) of the act is not similar to the provision for the arrest under section 55, cri, p.c.9. when a person is arrested under section 4(c) of the act and handed over to the police or .....
Tag this Judgment!Court : Guwahati
..... the sessions judge has been brought to my notice. but the petitioner was under the impression and appears to have been advised that the punishment was under the army act and hence came forward with this writ instead of filing appeal. considering all the circumstances and the irregularities pointed out, it is necessary for this court to ..... -1961 notice was given by one capt. roshan lal on behalf of the commandant warning chakra bahadur thapa that he was charged under the assam rifles amendment act, 1958 section 6 (b) with using criminal force to his superior officer and assaulting him and threatening him with a sword from the club room, and directing him ..... which the persons appointed may exercise all or any of the powers with which they may be respectively invested under the criminal procedure code. it is also seen that under section 14 cr. p. c. in appointing persons as special magistrates, the state government can restrict their powers in respect to particular cases or to a particular class .....
Tag this Judgment!Court : Guwahati
..... render a minor a competent and full partner. for that purpose, the law of partnership must be considered, apart from the definition in the income-tax act. section 30 of the partnership act clearly lays down that a minor cannot become a partner, though with the consent of the adult partners, he may be admitted to the benefits of ..... abdul rahim and co. [1965] 55 i t.r. 651 (s.c.), and relied on the following passage :' when a firm makes an application under section 26a of the act for registration, the income-tax officer can reject the same if he comes to the conclusion that the partnership is not genuine or the instrument of partnership does not ..... application for registration could not be rejected because the other members of the family did not sign the application for renewal of registration of the firm for the year 1950-51. '18. it is, therefore, firmly established that once the parties entering into the partnership are clearly described in the instrument, there is no scope for further .....
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