Court : Guwahati
Decided on : Sep-10-1955
..... grounds he should be released by this court under article 226 of the constitution. there is no doubt that the writ of habeas corpus is a prerogative process for securing the liberty of the subject by affording an effective means of immediate release from unlawful detention whether in prison or in private custody.the writ is intended for the ..... comilla during his annual leave of 45 days to see some of his relations in agartala and digboi. he reached agartala on 1-6-1955 in the evening through the border check post and he went straight to the house of his brother-in-law mr. badiozzamma (house of his cousin) at khyerpur, he had to encash the travellers ..... procedure laid down under the preventive detention act appears to have been duly followed and the preventive proceedings against him appear to be bona fide and not a fraud on law, his arrest and detention must be held to be according to procedure established by law and so the present petition has no force.8. the present petition is, therefore, .....
Tag this Judgment!Court : Guwahati
Decided on : Apr-26-1955
..... is no scope for interference under article 226 of the constitution in this matter. it has been contended that the constitution of the manipur state act ceased to have any force after the integration of the manipur state with the union government, and the manipur state legislative assembly and the council of ministers were lawfully abolished ..... 51 of the constitution of india lays'-, down a directive principle of state policy as follows:51. the state shall endeavour to(a) promote international peace and security;(b) maintain just and honourable relation?' between nations;(c) foster respect for international law and trenty obligations in dealings of organised peoples with one another; and(d ..... must be deemed to be void under article 13(1) of the constitution of india.29. the writ of habeas corpus is a prerogative process for securing liberty of the subject by affording an effective means of immediate release from unlawful detention whether in prison or in private custody. the full name of writ .....
Tag this Judgment!Court : Guwahati
Decided on : Aug-31-1955
..... are also fisheries by profession who take settlements of fisheries for working them through fishermen. regulating the settlement of fisheries therefore served a double purpose.it provided security to those who were fishermen by caste or profession. it also safeguarded the government against loss of revenue. an unrestricted power to settle fisheries in anyone ..... the decision of their lordships of the supreme court rules for the settlement of fisheries were framed afresh in supersession of all previous rules which were in force till then. the rules were recast. rule 12 of the new rules corresponds to rule 190a and it modifies the old rule substantially. rule 12 of ..... arises and the contention is that a legislative body has exceeded its powers, the rule ofpith and substance provides the test for determining whether the impugned act is within itslegislative competence or not. the same rulewould apply when the question is whether therule-making authority has exceeded its powers.it is the substance .....
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