Court : Guwahati
Decided on : Jul-24-1981
..... at the mercy of others and was a helpless 'orphan'. that she revealed a false story has been clearly set forth above. it shows that some extraneous force pictured the imaginary story in her mind and she was dictated to narrate it. her story of relaying the incident of killing and burial on the 13th stands ..... jaba was aged 5/6 years at the time of occurrence. as such, she is a child witness. a child is a competent witness under section 118, evidence act. according to one school, the evidence of children is notoriously dangerous unless immediately available and unless received before any possibility of coaching is eliminated. children can be surely tutored ..... violative of the basic and fundamental norms of justice and no court' of justice ought to act upon such confession. one of the ingredients of 'fair procedure' is1 providing free legal aid to the prisoners who are indigent or otherwise disabled from securing legal aid. we rely on the observations of prof. vence yale, 'gideon's trumpet' of .....
Tag this Judgment!Court : Guwahati
Decided on : Jul-06-1981
..... necessary bail bonds etc. respondent no, 3 refused to release him on the ground that an order of detention under the provisions of the national security act, 1980 (hereinafter called the act) had been passed against him. the grounds of detention was served on the petitioner on 14-5-1981. the grounds were thus served later ..... balanced uncertainty of the meaning of an expression invariably in favour of the detenu. however, in the instant case the meaning of the word balances with sufficient force of certainty in favour of the detenu. whether we use deductive logic or inductive logic, we find the meaning of the word 'communicate' to mean actual ..... may originate when the grounds are prepared by the detaining authority. the process of 'communication'' continues when the communique is being despatched or carried for service. the act of 'communication' is complete only when the detenu receives the grounds. no sooner personal service is over the entire process of 'communication' comes to an end. it .....
Tag this Judgment!Court : Guwahati
Decided on : Mar-07-1981
..... the territories in relation to which it exercises jurisdiction except over any court or tribunal constituted by or under the law relating to the armed forces. the collector, acting under section 30 of the act is not excepted. in the instant case the error of law as to limitation is apparent, there being no limitation prescribed under section 30 ..... court, patna and nagpur view also is that no revision lies.15. i am inclined to hold that the collector while refusing to refer under section 30 of the act, though acts judicially, is not a court and, a fortiori, not subordinate to the high court for the purpose of section 115, c. p. c. hence the application ..... letters of administration, whereto she filed an application for revocation under section 263 of the indian succession act3. the petitioner filed an application under section 30 of the act on 12-9-1977 stating her case and praying for reference, but received no response. another similar application dated 30-11-1977 under the same section was .....
Tag this Judgment!Court : Guwahati
Decided on : Sep-08-1981
..... . 1 (pt) dated 8th sept., 1980 issued by the government of manipur, home department, in exercise of the powers conferred by section 3 of ifae armed forces (special powers) act, 1958 declaring the entire manipur central district except jiribam sub-division for which a separate notification had already been published on 30-5-1978, to be disturbed area ..... police station in compliance with provisions of section 5.25. the writ of habeas corpus is an ancient safeguard of the liberty of the subject and it lies to secure release from any form of unlawful detention. as has been observed in halsbury's laws of england, third edition, volume 11 (page 26):the writ of habeas ..... . the three boys were taken to custody on 23-9-1980 after the above notification. as defined in section 2(b) of the armed forces (special powers) act, 1958 (hereinafter referred to as 'the act'), 'disturbed area' means art area which is for the time being declared by notification under section 3 to be a disturbed area. under section .....
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