Judgment Search Results Home > Cases Phrase: border security force act 1968 section 17 mutiny Court: guwahati Year: 1984 Page 1 of about 5 results (0.142 seconds)

Rainbow Ezung Vs. Mhao Lotha and ors.

Court : Guwahati

..... candidate. the two others, namely, pankathung and khyochamo, were independent candidates. in the battle of hustings, which had taken place on 10-11-82, the respondent having secured 2693 out of 7918 valid votes was declared as elected. the nearest rival was the petitioner who had to his credit 2575 votes. the difference was thus of 118 ..... as above to make themselves look detached. he also submits that if talk with the concerned party is admitted, allegation of tutoring comes handy. though there is force in the submission of both the learned counsel, the denial of apparent and natural course of conduct cannot altogether be ignored in assessing the real worth of the ..... source (pw 13 being an interested witness), or from contemporaneous unimpeachable document relating to holding of an informal village council meeting to snub mhao for the alleged act of distribution on which aspect even pws 9 and 10 (who being gbs were supposed to be present in the village council meet being members of the same .....

Banowarilal Tibrewalla Vs. State of Assam and anr

Court : Guwahati

Reported in : 1985CriLJ1148

..... hand shake public confidence in the enforcement of law and administration of justice.9. provisions for punishment of body corporates embodied in section 17 aimed at securing conviction to those who wanted to escape liability donning the corporate cloak. because of the very nature of the corporate enterprise, however, such liability could ..... on this point is well-settled and, therefore, the first objection as to the maintainability of the petition, made by mr. s. r. bhattacharjee, is without force, i may, however, refer in this connection to muniswamy's case , on which reliance was placed by the learnedcounsel for the petitioner, mr. j. p. bhattacharjee ..... of proceedings and protracted trials resulting in frequent discharges and acquittals. even when any conviction is hopefully secured and in some case maintained by superior court through the same protracted processes, the purpose of the act, in my opinion, cannot be said to be fully achieved. legislature chose its weapon to fight the .....

Banowarilal Tibrewalla Vs. State of Assam and anr.

Court : Guwahati

Reported in : 1985CriLJ1148

..... hand shake public confidence in the enforcement of law and administration of justice.9. provisions for punishment of body corporates embodied in section 17 aimed at securing conviction to those who wanted to escape liability donning the corporate cloak. because of the very nature of the corporate enterprise, however, such liability could ..... law on this point is well-settled and, therefore, the first objection as to the maintainability of the petition, made by mr. s. r. bhattacharjee, is without force, i may, however, refer in this connection to muniswamy's case : 1977crilj1125 , on which reliance was placed by the learned counsel for the petitioner, mr. j. ..... of proceedings and protracted trials resulting in frequent discharges and acquittals. even when any conviction is hopefully secured and in some case maintained by superior court through the same protracted processes, the purpose of the act, in my opinion, cannot be said to be fully achieved. legislature chose its weapon to fight the .....

Hitendra Nath Goswami Vs. State of Assam and ors.

Court : Guwahati

..... and answered in the affirmative, as proposed in the leading judgment.36. indeed, how can one dispute the proposition that sections 3(5) and 14(1), -national security act (shortly the act) must be read in the context of articles 14, 21 and 22(5) of the constitution and not in isolation : if that be so, there is no ..... the supreme court while dealing with power of the central government under section 11 of cofeposa observed that, although it was earlier thought that section 14, maintenance of internal security act, 1971, which is in pari materia with section 11 of cofeposa, did not confer any right or privilege on the detenu, there is a general consensus of ..... opinion, the above principles would apply with equal force to the order of the central government in exercise of the discretionary power under the section 14(1) of the act on the report received from the state government under section 3(5) of the act. under the scheme of the act, discretion of the central government is not unlimited. .....

State of Assam Vs. Puranmal Agarwalla

Court : Guwahati

..... a measure enacted to protect public health its provisions are not to be construed pedantically in a manner as may make it impossible to secure a conviction under the act. and, it will so happen, in my opinion, if an implied duty is placed on the prosecution to prove affirmatively and positively compliance at each and every step, ..... by the prosecution. i do not read anything in the language of rule 14 to indicate that it placed any duty on the prosecution to prove compliance therewith to secure a conviction. rule 14, according to me embodies a procedural safeguard and unless infraction thereof is complained burden to prove compliance therewith does not shift to the prosecution.15 ..... view of the statement of the respondent that it belonged to his customer. the trial court rejected grounds nos. (ii), (iii) and (iv) but found sufficient force on the first ground i.e. ground no. (i). holding that the prosecution hud failed to establish that the containers of the chillies powder were dry and clean .....