Court : Guwahati
..... speaking for the court, explained that the execution of an order of detention whilst the prisoner in jail was bad and accepted the proposition of law of labaram and haridas (supra) as correct to that extent. ..... in fact, it was held that the making of the orders were bad in view of the lack of requisite satisfaction of the detaining authority. ..... to be released by the magistrate and the service cannot be said to be invalid as the detenu was obviously to come out from the jail either on that date or the following date and as such, the service cannot be declared to be bad on the authority of dr. ..... choudhury that an order of detention made against a prisoner in jail is ipso facto bad. ..... accordingly in labaram and had das delta (supra) the orders of detention passed when the detenus were in jail were considered to be bad. .....
Tag this Judgment!Court : Guwahati
..... in view of the above position we hold that the initiation of proceedings by the income-tax officer under clause (b) of section 147 of the act is bad in law inasmuch as on that date no information was in the possession of the income-tax officer and that apart, no notice as required under section 148 of the act was also issued. 17. ..... we have already held that initiation of proceedings under clause (b) of the said section is also bad in law inasmuch as no notice under section 148 was issued and the materials were not available at the time of initiation of the proceedings. 21. mr. ..... the appellate assistant commissioner also was of the view that conversion of the proceedings from clause (a) to clause (b) of section 147 of the act was not permissible and that the reassessments were bad inasmuch as section 144b was not complied with. ..... keeping in view the above ratio of the division bench of this court, we hold that the direction of the appellate tribunal to the income tax officer to proceed afresh in accordance with section 144b of the act is bad in law.29. ..... we, therefore, hold that subsequent initiation of proceedings under clause (b) of section 147 is bad . .....
Tag this Judgment!Court : Guwahati
..... nor is it correct to say that if such possibility is not present to the mind of the detaining authority the order of detention is necessarily bad, however, the failure of the detaining authority to consider the possibility of launching a criminal prosecution may, in the circumstances of the case, lead to the conclusion that the detaining authority had not applied its mind to the ..... shri medhi appearing for the petitioner contends that though the allegations are serious, this may not weigh with us inasmuch as even a bully or a bad character is entitled to as much legal protection at our hand as is anybody else. ..... as the instant case is not of this nature, we are not examining this facet and expressing no opinion as to whether an order would be bad or not for non-consideration of the same.16. ..... even so, an order of detention will not necessary be bad in all cases due to non-application of mind about this aspect, as made clear in para 1 of kanchanlal itself. ..... let us, however, see if any of the safeguards was really denied to the writ petitioner; and whether the order is bad on any other count. .....
Tag this Judgment!Court : Guwahati
..... deb roy, the learned counsel for the appellant has urged that the suit is bad for nonjoinder of the mother of the vendor jibananda ghosh and that the suit is bad for not impleading the government of tripura in the instant suit no other point has been urged by mr. m. c. ..... as a result of the foregoing conclusion i am constrained to hold that the contention of the learned counsel for the appellant that the suit is bad for non-joinder of jibananda's mother has no substance at all. 5. ..... it is worthwhile to mention at this stage that, inter alia, the defendant took up the plea reading 'the pltffs, suit is bad and untenable for the defect of non-joinder of party'. ..... there is nothing in the written statement as to who were those parties for whose absence the suit was bad or untenable. 2. .....
Tag this Judgment!Court : Guwahati
..... the plain-tiff also did not lead any evidence to substantiate that the suit is not bad for non-joinder of necessary party and 'the department of post offices' has the right to sue. ..... the defendants contested the suit by filing written statement contending, inter alia, that the suit is bad for non-joinder and mis-joinder of plaintiff/parties and also that the plaintiff has no right to file the suit, apart from contesting the claim of the plaintiff on merit stating that as the nscs ..... the petitioners-defendants in the written statement apart from the pleas relating to the merit of the case, have taken the following pleas:(2) that the suit is bad for non-joinder and mis-joinder of plaintiff/parties. ..... (2) whether the suit is bad for non-joinder of the parties? .....
Tag this Judgment!Court : Guwahati
..... ) herimati ghosh, (iv) radhaballav ghosh, (v) kali das, (vi) kumudini dasi, and (vii) debendranath seal were co-khatiandars and, therefore, they were necessary parties and the plaintiff having failed to implead them, the suit was bad for nonjoinder and liable to be dismissed. ..... goswami, learned counsel for the plaintiff/ appellant, first argued that both the courts were wrong in holding that the suit was bad for non-joinder of parties. ..... whether the suit is bad for non-joinder of necessary parties. 4. ..... but he also found that the plaintiffs suit was vague and bad for multifarcousness. .....
Tag this Judgment!Court : Guwahati
..... manisana singh, the learned counsel appearing for the accused submits, inter alia, that the accused being a partner, the prosecution being not in conformity with section 17 of the act, is bad in law; that the article seized is not sesame oil but 'silam taila' which is not food for human consumption; that the burden of proof was not discharged by the prosecution; that at any rate the ..... , manufacturer of the beverage-aerated water, known as coca cola was prosecuted, holding that the prosecution was bad and allowing the revision petition, and referring to section 17, it was observed:the prosecution, therefore, must have filed a complaint against the persons against whom they could proceed under section 17(1) and (2) of the act. ..... 17 of the act, which relates to the offence committed by the companies.his lordship further observed:in the instant case, in the absence of any complaint against the firm, the prosecution of the petitioner as a partner was, in my opinion, bad in law. ..... 222 (cal), it was held that for conviction of a firm, it must be separately charged and its conviction without separate charge against it is bad in law. .....
Tag this Judgment!Court : Guwahati
..... challan was not forwarded by the officer-in-charge as required by section 173 (a), cr.pc cognisance could not be taken by the magistrate on its basis and therefore the whole proceeding including the trial which were based on it are bad in law.this contention was overruled by the learned sessions judge as under section 190 (1) (b) a magistrate may take cognisance of an offence upon the report in writing of tile facts made by any police officer, and in any case ..... court in framing the charges should look to the facts of the accusation when the accused persons were put on trial.the view that the decision of the question whether the joint trial of several persons is bad on account of mis-joinder of persons and charges depend on the facts appearing on the facts eventually established as result of the evidence adduced in the trial finds support from a series of decisions and was also affirmed by the ..... 21) things took a bad turn and from 30-3-50 the refugees and local hindus started plundering and burning the houses of muslims in different villages and when the muslims approached the s. d. o. ..... kshetra mohan, 40 cal wn 409 (k), learned counsel further urged that two common objects, namely, of arson and loot could not be charged and tried in the same trial and therefore also the trial was bad.53. .....
Tag this Judgment!Court : Guwahati
..... apart from the fact that the learned labour court has not looked into the question as to whether the reference was bad in law in the face of the provisions of section 2-a of the industrial disputes act (hereinafter referred to as 'the said act'), mr. r.p. ..... viewed from this angle, the dispute in the instant case is a dispute of termination of service and it, therefore, squarely falls within the purview of section 2-a and, hence, the reference is not bad in law. 18. ..... coupled with the above, it is of utmost importance to note that if the dispute is an individual dispute and it is outside the purview of section 2-a, then, the reference made by the government in respect of such a dispute will be bad in law. ..... sharma, is bad in law. 7. .....
Tag this Judgment!Court : Guwahati
..... the learned trial court also held that the suit could not be decreed being bad for non-joinder of the karbi anglong autonomous council. ..... the learned trial court dismissed the suit on the ground that it is barred by limitation and bad for non-joinder of karbi anglong district council.3. ..... the suit is, therefore, bad for defect of parties.18. ..... the respondents, as defendants, contested the suit pleading inter alia that the suit is barred by law of limitation and bad for defects of praties. .....
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