Court : Guwahati
Decided on : Aug-18-2000
..... affidavit-in-opposition on behalf of respondents.9. admittedly the order of dismissal has been issued in exercised of the power under section 11 of the border security force act. section 11 of that act is quoted below : '11. dismissal, removal or reduction by the director general and by other officers- (1) the director-general of any ..... has been urged before us by the learned counsel appearing on behalf of the appellant.'11. learned counsel for petitioner places reliance on the commandant, 70 battalion, border security force and others v. anil bandhu mitra, respondent 1985 lab.i.c. 1738. that was a division bench judgment of calcutta high court and in para 10 ..... the rules we are unable to accept this contention or the stand taken by the authorities of the border security force who dealt with the present case, we have quoted section 11 of the act hereinbefore. that section, in our opinion, only empowers certain authorities to pass orders of dismissal, removal or reduction in rank. this .....
Tag this Judgment!Court : Guwahati
Decided on : Sep-03-2000
..... central govt. standing counsel appearing on behalf of the respondents and perused, the records. 6. admittedly, for commission of civil offence as defined under section 46 of 'the border security force act, 1968' (shortly the act), the ssfc was assembled to enquire/try the petitioner on the charge framed and after recording the evidence allowing all opportunities, the ssfc vide verdict dated 30.10.1999 ..... ' and acquitted him from the charge. the respondent no. 5 forwarded the entire proceeding to the dig, respondent no. 4 who having exercised his power under rule 160 of 'the border security force rules, 1969' (shortly the rules) held the petitioner 'guilty' of committing robbery by forcibly snatching away rs. 50,000 from civilian billai hussain and imposed the penalty of dismissal from .....
Tag this Judgment!Court : Guwahati
Decided on : May-02-2000
..... temple and equally to the office of the priest (archaka).. the hereditary right as such is not an integral part of the religious practice but a source to secure the services of a priest independent of it. though performance of the ritual ceremonies is an integral part of the religion, the person who performs it or ..... clauses (b) and (d) of article 26. in this light of the matter we find that the impugned provision, namely. section 25a inserted in the act by act xix of 1987 only provides for constitution of a managing committee to have control over the matter of utilization of the annuity and verification of the proper maintenance of ..... point out any particular religious activity which may be an integral part of the religious practice which would be affected by the provisions contained in section 25a of the act. it has, however, been submitted that different functions, religious processions which are part of the religious activities of the satra are performed incurring expenses as may .....
Tag this Judgment!Court : Guwahati
Decided on : Sep-11-2000
..... was fixed on 28.10.1999. the item which is concerned in this writ application is hand held search light and the said item is purchased centrally for various security forces of the union as well as the state operating throughout the country. the copy of the tender notice is at annexure-b to the writ application. 3. the ..... the agreement would be valid. if such a contract is clear, unambiguous and explicit and not vague it is not hit by sections 23 and 28 of the contract act. this cannot be understood as parties contracting against the statute. mercantile law and practice permit such agreements. the jurisdiction of the court in matter of a contract will depend ..... writ is sought for was physically resident or located within the territorial jurisdiction of the high court. clause 1(a) was renumbered as clause 2 by the 42nd amendment act. if the cause of action arises wholly or in part, within the territorial jurisdiction of the high court, it may issue a writ against a person or authority resident .....
Tag this Judgment!Court : Guwahati
Decided on : Aug-11-2000
..... and the order under review was delivered, no doubt, contempt is a matter between the court and the contemner, yet it is also regarded as an effective weapon to secure compliance of the courts' order. without over-emphasising its importance it can be said that contempt proceedings will have to be dealt with utmost care. (it is pertinent ..... court of record, as envisaged in article 215 of the constitution, must have inherent powers to correct the records. a court of record envelopes all such powers whose act and proceedings are to be enrolled in a perpetual, memorial and testimony. a court of record is undoubtedly a superior court which is itself competent to determine the scope ..... tribunal. it was high court which reviewed its own judgment and so the question is whether the high court has such power dehors section 8c(2) of the act. power of review conferred on the supreme court under article 135 of the constitution is not specifically made applicable to the high courts. does it mean that the .....
Tag this Judgment!Court : Guwahati
Decided on : Nov-28-2000
..... after referring to the observations in state of orissa v. dr. (miss) binapani dei observed as under : 'the aim of the rules of natural justice is to secure justice or to put it negatively to prevent miscarriage of justice. these rules can operate only in areas not covered by any law validly made. in other words they do ..... applicability of the rule of natural justice is read into it to ensure fairness and to protect the action from the charge or arbitrariness. natural justice has thus secured a foothold to supplement enacted law by operating as an implied mandatory requirement thereby protecting it from the vice of arbitrations. courts presume this requirement in all its ..... action of the authority was mala fide.11. the 1976 rules were framed under the executive powers of the state. apparently, these were not framed under the 1977 act as the act came into force after the rules were promulgated. a bare perusal of the rules shows that these were promulgated by the govt. of assam and came into .....
Tag this Judgment!Court : Guwahati
Decided on : May-31-2000
..... enquires were made regarding the entitlement of the mother to alienate the half share of the minor's estate, it can not be said that the applicant had acted reasonably in getting the transfer in his favour.' 19. in air 1921 calcutta 501 (ananda mohan roy. plaintiff appellant v. gour mohan mallik, defendant, respondent ..... it clearly applies whenever a person transfers property to which he has no title on a representation that he has a present and transferable interest therein, and acting on that representation, the transferee takes a transfer for consideration. when these conditions are satisfied, the section enacts that if the transferor subsequently acquires the property, ..... wherein a single judge of this court has held as follows :- 'assam land revenue regulation, 1886. s. 11 - settlement rules. rule 1 (c) - transfer of property act, section 43 - sale of interest in annual patta land - whether it will continue in favour of the purchaser even after the patta is made periodic held - 'no.' the .....
Tag this Judgment!Court : Guwahati
Decided on : Nov-28-2000
..... after referring to the observations in state of orissa v. dr. (miss) binapani dei observed as under : 'the aim of the rules of natural justice is to secure justice or to put it negatively to prevent miscarriage of justice. these rules can operate only in areas not covered by any law validly made. in other words they do ..... applicability of the rule of natural justice is read into it to ensure fairness and to protect the action from the charge or arbitrariness. natural justice has thus secured a foothold to supplement enacted law by operating as an implied mandatory requirement thereby protecting it from the vice of arbitrations. courts presume this requirement in all its ..... action of the authority was mala fide. 11. the 1976 rules were framed under the executive powers of the state. apparently, these were not framed under the 1977 act as the act came into force after the rules were promulgated. a bare perusal of the rules shows that these were promulgated by the govt. of assam and came into .....
Tag this Judgment!Court : Guwahati
Decided on : May-31-2000
..... enquires were made regarding the entitlement of the mother to alienate the half share of the minor's estate, it can not be said that the applicant had acted reasonably in getting the transfer in his favour.' 19. in air 1921 calcutta 501 (ananda mohan roy. plaintiff appellant v. gour mohan mallik, defendant, respondent ..... it clearly applies whenever a person transfers property to which he has no title on a representation that he has a present and transferable interest therein, and acting on that representation, the transferee takes a transfer for consideration. when these conditions are satisfied, the section enacts that if the transferor subsequently acquires the property, ..... wherein a single judge of this court has held as follows :- 'assam land revenue regulation, 1886. s. 11 - settlement rules. rule 1 (c) - transfer of property act, section 43 - sale of interest in annual patta land - whether it will continue in favour of the purchaser even after the patta is made periodic held - 'no.' the .....
Tag this Judgment!Court : Guwahati
Decided on : May-08-2000
..... substances injuriously, and knowingly or intentionally causes death for the sake of private profit, such trade in lethal business is a menace to social security and is, therefore, a violator of social justice whose extinction becomes necessary for society's survival. supposing a murderous band of armed daciots intentionally ..... human rights perspectives, criminological literacy or fanatical reverence for outworn social philosophers buried in the debris of time except as part of history this plurality of forces plays a part swinging the pendulum of sentencing justice erratically. therefore, until parliament speaks, the court cannot be silent. (hopefully, section 302 ipc is ..... court was dealing with the case of assassination of rajiv gandhi, the former prime minister of india. the case was under terrorist and disruptive activities act. the special judge after convicting several accused and after giving death sentence submitted the records to the apex court for confirmation of the death sentence .....
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