Court : Guwahati
Decided on : Aug-25-2003
..... capacity, the offence is nothing but a civil offence for which he was tried by the security force court in terms of section 47 of the border security force act (hereinafter referred to as 'act' for short). the term civil offence is defined by section 2(d) of the act as an offence which is triable by the criminal court, section 46 of the ..... act provides that subject to the provisions of section 47, any person subject to this act who at any place in, ..... was not on active duty at the time of the incident, it may be relevant to produce hereunder section 47 of the act. '47. civil offences not triable by a security force court. - a person subject to this act who commits an offence of murder or of culpable homicide not amounting to murder against, or of rape in relation to, .....
Tag this Judgment!Court : Guwahati
Decided on : Nov-14-2003
..... the petitioner assails the order dated 11.11.2000 issued by the respondent no. 5 dismissing him from service and the proceeding of the connected summary security force court at headquarter 192 bn. border security force, radhabari, p.o. bhuikidangapara, dist.- jalpaiguri, west bengal.2. the facts of the case may be briefly stated as follows :-the petitioner joined the ..... reported in (1955) 2 scr 1196, the apex court also held that where, though the authority is located outside the jurisdiction of the high court, the impugned illegal act or order is done or made by an agent or subordinate officer of that authority who is resident within the jurisdiction of the high court, the court can proceed ..... and while serving as cook no. 90-192128 under 192 bn. bsf he was suddenly served with charge sheet dated 9.11.2000 under section 26 of the bsf act, 1968. the charge against him was framed as follows :-'intoxicationin that heat bn. hq. radhabari on 07.11.2000at abort 2100 hrs. ras foundin a state of .....
Tag this Judgment!Court : Guwahati
Decided on : Jul-24-2003
..... rival submissions made before me on behalf of the parties.14. there is no dispute before me that since the petitioner was a constable in arunachal pradesh police force and faced disciplinary proceeding, which could have entailed major penalty of dismissal from service, the disciplinary proceeding, held against the petitioner, was governed by the provisions of ..... and be lenient to the person, who has tried hard to suppress the truth.2. the petitioner, who is an inspector of police in arunachal pradesh police force, has approached this court, with the help of the present application made under article 226 of the constitution of india, seeking issuance of appropriate writ(s) setting ..... proceeding under the ccs (cca) rules, 1965, read with section 7 of the police act, 1861, against the petitioner directing him to show cause against the article of charge, which read as under :'that inspector t. habung (u/s) of phq security cell itanagar, on 27.1.1996, physically assaulted h/c (dvr) k. kalita of .....
Tag this Judgment!Court : Guwahati
Decided on : Mar-24-2003
..... in service at the relevant time. the rule making power as has been envisaged under section 18 of the central reserve police force act, 1949 (hereinafter referred to as 'the act of 1949') does never contemplate to frame any rule or standing order for medical categorisation of officers already entered in service after due ..... act and in exercise of that power the central government framed recruitment rules for the group a (general duty) officers prescribing the medical categorisation. the medical categorisation as has been prescribed by the standing order no. 10/2000 in fact provides the shape i category being mandatory for promotion to all group-a posts in central paramilitary forces ..... under shape-5, one officer may be declared permanently unfit in crpf duty and in such a situation, obviously the authority would discharge him from the force. 9. in civilian service also, both under central govt. and state governments, there is provision in the related service rules for asking an employee to .....
Tag this Judgment!Court : Guwahati
Decided on : Aug-08-2003
..... conclusion by exercise of commonsense that the plaintiff respondent was in urgent need of money and he executed the deeds only with intention to mortgage the property as security against incurring the loan. thus, it may reasonably be argued that the condition of redemption was inserted in the deeds taking his hapless condition and in that ..... recitals in the disputed deeds, we find that all along in the recitals it has been mentioned that the owner of the land was mortgaging the suit land as security for borrowing a sum of rs. 90,000/-. the only stipulation in favour of the appellant were as follows : 'the period of mortgage will be four months...................................................... ..... no attempts were made to supplement the contents of exst. a/5 and a/6 to attract bar of sections 91/92 of the evidence act, the ground raised has no force.20. for proper appreciation and for the sake of convenience i would like to reproduce the exact pleading of the defendant in this regard in .....
Tag this Judgment!Court : Guwahati
Decided on : Apr-09-2003
..... of loading and booking. as per the procedure prescribed, the wagons are to be loaded by the consignees in presence of railway staff of commercial department, security department and mechanical department and the n.f. railway authorities prescribed the limit of height to which a wagon can be loaded. as per the prescribed ..... acquiescence. the petitioner having entered into contract with railways for carriage of goods is bound by the terms of such contract including the provisions of the railway act. and the laws and the rules framed thereunder. such contractual matters cannot be dealt with in exercise of writ jurisdiction. this court lacks territorial jurisdiction ..... has been loaded beyond its permissible carrying capacity for the purpose of levying punitive charges for overloading of wagon...... on an interpretation of section 73 of the act, 1989, the supreme court in jagjit cotton textile mills v. chief commercial superintendent, northern railway (supra), air 1998 sc 1959 held that one of .....
Tag this Judgment!Court : Guwahati
Decided on : Apr-08-2003
..... of loading and booking. as per the procedure prescribed, the wagons are to be loaded by the consignees in presence of railway staff of commercial department, security department and mechanical department and the n- f. railway authorities prescribed the limit of height to which a wagon can be loaded. as per the prescribed ..... . the petitioner having entered into contract with railways for carnage of goods is bound by the terms of such contract including the provisions of the railway act and the laws and the rules framed thereunder. such contractual matters cannot be dealt with in exercise of writ jurisdiction. this court lacks territorial jurisdiction over ..... has been loaded beyond its permissible carrying capacity for the purpose of levying punitive charges for overloading of wagon:... on an interpretation of section 73 of the act, 1989, the supreme court in jagjit cotton textile mills v. chief commercial superintendent, northern railway (supra), (air 1998 sc 1959), held that one of .....
Tag this Judgment!Court : Guwahati
Decided on : May-20-2003
..... of contingencies where proceedings in respect of a child were pending in any court in any area on the date on which the act came into force, section 26 in terms lays down that the court should proceed with the case but after having found that the child has ..... to stand they would have occasioned failure of justice.5. it is true that the age of the accused is just on the border of sixteen years and on the date of the offence and his arrest he was less than 16 years by a few months only ..... he was or he was not a juvenile, the benefit of such an uncertainty should be given to the accused. in other words, in border line cases, when two views are possible on the basis of the evidence produced, the view, which is in favour of the juvenile accused ..... only when he is brought or appears before the competent authority. a police officer or a magistrate who is not empowered to act or cannot act as a competent authority has to merely form an opinion guided by the apparent age of the person and in the event .....
Tag this Judgment!Court : Guwahati
Decided on : Nov-04-2003
..... referring to the evidence of the investigation officer pw 13, more particularly the statements of the prosecution witnesses recorded under section 161 cr.pc, mr. bhattacharjee forcefully contended that the evidence of the prosecution witnesses in support of the charge is wholly unreliable as the same is fraught with gross omissions, inconsistencies and ..... imputed to them. we, therefore, hold that the appellants assaulted 'kere' with a common intention having the knowledge that their acts were likely to cause his death ultimately. however, as 'kere' was brought into the outpost being arrested in a criminal case in relation to which investigation ..... necessary as a part of the investigation of that case? apparently not. assuming that use of some force was called for, there apparently has been a gross excess on the part of the appellants rendering such acts to be a criminal offence. be that as it may, intention to cause death cannot be reasonably .....
Tag this Judgment!Court : Guwahati
Decided on : Mar-10-2003
..... as unwritten letterheads, signed but unwritten letter-heads, rubber stamps, etc., are in themselves wholly innocuous documents and the same are, in the absence of any overt act alleged against the accused-petitioner, incapable of being regarded as false documents. it is like making of false key for a lock hanging on the door of a ..... 243, 259, 266, 399 indian penal code. it is noteworthy that preparation for forgery is not an offence under the provisions of the ipc. ordinarily, once the act enters into the arena of attempt, criminal liability commences, because attempt takes the offender very close to a stage, where the offence would have stood successfully completed, out for ..... the obligation to intervene under section 482, cr.pc in cases where manifest error has been committed by the magistrate in issuing process despite the fact that the alleged acts did not at all constitute the offences (in that case under sections 406 and 420 ipc).' 13. in state of haryana v. bhajanlal, 1992 supp (1) .....
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