Court : Guwahati
..... in pakistan early in 1951, you with a view to undermine the security and territorial integrity of india, became a member of the spy-ring formed by abdur rouf of singaria for collection of secret information about the disposition and movement of indian armed forces and of border forces officials through a well organised courier system in order to help pakistan ..... -52 when he was in jail as undertrial prisoner for an offence under the official secrets act. this court has repeatedly held that when a person is in custody and is, therefore, already prevented from acting in a manner prejudicial to the security of the state, it cannot be said that the satisfaction of the state as required by ..... section 3 read with sub-clause (ii) of clause (a) of sub-section (1) of section 3 and section 4 of the preventive detention act of 1950 as amended by the preventive detention act of 1951 (4/51).2. the ground of detention as communicated to the petitioner is this:1. that when the 'zehad cry' against india was .....
Tag this Judgment!Court : Guwahati
..... 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
Reported in : [1957]8STC384(Gauhati)
..... march, 1951, of the sales tax which was being levied before the commencement of the constitution and in fact the president, on the same day as the constitution came into force, actually made an order in exercise of this power as hereinbefore stated. there was, therefore, no immediate danger to state revenue and the status quo was maintained. further, clause ..... one state to another.12. and finally he summed up his conclusions in these memorable words:-the reasonings adopted by the learned judges in the above cases apply with full force not only to clause (2) but also to clause (1)(b) of article 286, and we should construe the words 'in the course of in the same way as ..... was delivered by das, acting c.j., (as he then was). he followed the majority view expressed in state of travancore-cochin and ors. v. shanmugha vilas cashew-nut factory a.i.r. 1953 s.c. 333. in this case it was found as a fact that the assessees were purchasing for purposes of export. they had secured orders already. the .....
Tag this Judgment!Court : Guwahati
..... march, 1951, of the sales tax which was being levied before the commencement of the constitution and in fact the president, on the same day as the constitution came into force, actually made an order in exercise of this power as hereinbefore stated. there was, therefore, no immediate danger to state revenue and the status quo was maintained. further, clause ..... one state to another.12. and finally he summed up his conclusions in these memorable words:-the reasonings adopted by the learned judges in the above cases apply with full force not only to clause (2) but also to clause (1)(b) of article 286, and we should construe the words 'in the course of in the same way as ..... was delivered by das, acting c.j., (as he then was). he followed the majority view expressed in state of travancore-cochin and ors. v. shanmugha vilas cashew-nut factory a.i.r. 1953 s.c. 333. in this case it was found as a fact that the assessees were purchasing for purposes of export. they had secured orders already. the .....
Tag this Judgment!Court : Guwahati
..... and the order under article 359(1) of the constitution.4. on the 8th of september, 1962, the chinese aggressively attacked the northern border of india and that constituted a threat to the security of india. that is why on the 26th of october, 1962, the president issued a proclamation under article 352 of the constitution. this ..... rights conferred by articles 21 and 22 of the constitution for the period during which the proclamation of emergency, issued on the 26th october, 1962, would be in force. on the 6th november, 1962, the rules framed by the central government were published. then followed an amendment of the presidential order on the 11th november, 1962 ..... was sought to be communicated to the detents could not invalidate the decision. it was further observed that the act was silent regarding the communication or form of formal order.34. there is a good deal of force in this argument of the learned government advocate. but before dealing with the arguments advanced by the advocates, it .....
Tag this Judgment!Court : Guwahati
..... and control of the force in the central government. as the concerned ..... the b.s.f. is an armed force of the union. this is apparent from the provisions of the border security force act, 1968, section 4(1) of which dealing with the constitution of the force states that '(t) here shall be an armed force of the union called the border security force for ensuring the security of the borders of india'. section 4 of the act has vested the general superintendence, direction .....
Tag this Judgment!Court : Guwahati
..... the bsf would not in any way dilute the control over the bsf vesting in the central government by virtue of what has been stated in section 4 of the border security force act inasmuch as commission of enquiry is a fact finding body and by appointing such a commission no control over the working of the bsf can be said to have been ..... and unauthorised entry into the indian territory and to instil security among the people residing in the border areas of the country. this act in ten chapters covers 142 sections. at first two sets of rules were promulgated. border security force rules of 1969 and adjustment of jurisdiction rules of 1969. later superannuation rules of 1978. border security force pay and allowance rules of 1978. the rules were promulgated .....
Tag this Judgment!Court : Guwahati
..... been submitted in the beginning of 1977. but the petitioner was neither communicated with the finding of the enquiry nor with the opinion of the deputy inspector general, border security force. but surprisingly after about 11 or 12 years, present decision of resumption of the enquiry has been taken up and by the impugned signal the petitioner has ..... of a loss of tape-recorder, which neither belonged to the government, nor to any forceman, band or institution, nor to any person of the force; nor there was any act in respect of such property with intent to cause wrongful gain to one and wrongful loss to another. 9. statements of two witnesses recorded by the ..... of the bsf and rules specially in the context of expeditious disposal of disciplinary proceedings and therein it was clearly indicated that the main aim of the bsf act and rules is to ensure expeditious and not vexatious disposal of disciplinary proceedings. 14. the supreme court held in series of cases that delay and dragging enquiry .....
Tag this Judgment!Court : Guwahati
..... such officer of gazetted rank of the departments of central excise, narcotics, customs, revenue, intelligence or any other department of the central government or of the border security force as is empowered in this behalf by general or special order by the central government, or any such officer of the revenue, drugs control, excise, police ..... all the powers of an officer acting under section 42.42.(1) any such officer (being an officer superior in rank to a peon, sepoy or constable) of the departments of central excise, narcotics, customs, revenue, intelligence or any other department of the central government or of the border security force as is empowered in this behalf ..... to suppress subtle inventions and evasions for the continuance of the mischief and pro private commodo, and to add force and life to the cure and remedy according true intent of the makers of the act pro bono publico.10. the menace of narcotic drugs and phycotropic substances has assumed alarming proportions not only in .....
Tag this Judgment!Court : Guwahati
..... , the railway protection force in 1985. now the government of india has created one ..... the crown representative's force was raised in 1939, as a reserve force to aid the former princely states in maintaining law and order. this reserve force was brought under central act called central reserve police act, 1949 (crpf). three other para-military forces were raised subsequently, namely, the indo-tibetan border police (itbp) in 1962, the border security force (bsf) in 1965 and the central industrial security force (cisf) in 1969 .....
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