Court : Guwahati
..... non application of mind by the gsfc while passing the order of conviction and sentence and the order of rejection of representation under section 117 of the act by the director general, border security force.3. we have heard mr. b. das, learned sr. counsel as assisted by miss s. das and d. chakraborty as well as mr. ..... , for the purpose of being tried by a court-martial.rule 3 of the criminal courts and border security force courts (adjustment of jurisdiction) rules, 1969. trial of person subject to the act.... where a person subject to the act, is brought before a magistrate and charged with an offence for which he is liable to be tried ..... in the instant case, the prescribed authority, of the border security force exercised its discretion under section 80 of the act and decided to try the civil offence committed by the accused/appellant-petitioner under the security force court, like gsfc.21. from the aforesaid provisions of the bsf act and the rules, a reasonable person can easily come to .....
Tag this Judgment!Court : Guwahati
..... registered. it was only a renewal deed for the continuation of the old tenancy and also to acknowledge the payment of additional advance and security. the other terms and conditions embodied therein were not intended to be acted upon.the first deed has no relation with the second deed and that the second deed created a new tenancy. if the first ..... no relation with the second one even though the part of the unadjusted advance of rs. 8000/- of the first agreement was carried to the second agreement as advance and security. after the lease period, which expired on 31-5-1985 the tenant/defendant/opposite party herein was a tenant by holding over. as it was a monthly tenancy the ..... about his withdrawing from tenancy. so, we can hold that the tenancy created by the first deed in favour of the two tenants did not terminate and was still in force when the second deed was born. the second deed (ext. 1) was executed by only the appellant on the one side and the two landlords on the other. whatever .....
Tag this Judgment!Court : Guwahati
..... bsf (assistant commandants) recruitment rules, 1985, issued in exercise of powers conferred by clause (b) of sub-section (2) of section 141 of the border security force act, 1968. the method of recruitment to the post assistant commandant is provided under rules 3 and 4 and the details thereof have been described in the schedule ..... qualification has been provided. but the candidate must pass matriculation or higher secondary examination passed or an equivalent of a recognized board of education/university or border security force certificate of education class-i. to be qualified for promotion, it is aho one of the conditions that a candidate should have five years experience ..... solicitor general of india.3. in nut shell, the case of the petitioner as projected in this writ petition is that he was appointed as constable under border security force (for short 'bsf') in the year, 1968 and during the course of his service period in consideration of satisfactory service, he was promoted upto the .....
Tag this Judgment!Court : Guwahati
..... ) of section 42 of the act, which reads as under:(1) any such officer (being an officer superior in the rank to a peon, sepoy or constable) of the department 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 ..... possession must be conscious possession. perhaps taking clue from the decision of this court in inder sain v. state of punjab : 1973crilj1537 arising under the optum act, the learned trial judge charged the accused of having conscious possession of poppy husk. assuming that poppy husk comes within the expression poppy straw, the question, however ..... reasons whatsoever. that apart, sri t. mahanta, who made search and seizure was not empowered or authorised by the state government to take action under the ndps act. thus, action taken by sri t. mahanta was without authorization. learned trial court while proceeding with the trial and also at the time of writing the .....
Tag this Judgment!Court : Guwahati
..... known as annapurna talkies on personal capacity. gold business was self acquired. he declared actual state of affairs before appropriate authority after gold control act came into force. further assertions were that he purchased maliki right of land and house of annapurna talkies from his own fund, that the brothers were separated long ..... road, silchar, in joint mess and properties, that they adopted law of land and changed custom, and that they carried out money lending business against security of gold and silver and pony cart business. the above answering defendants had also denied that harihar lal lala joined business of father and established kalabati cinema ..... when british planters left cachar. besides that, in the initial stage, the two brothers carried on business of penny carts and money lending business against security of gold and silver ornaments and lumps. both the two brothers earned enormous fortune. late bisoon lal lala was pioneer in motor transport business in the .....
Tag this Judgment!Court : Guwahati
..... of mizoram), from crossing the inner line, it is prescribed that in addition to the persons exempted under the said notification, members of the security forces and the families of such non-indigenous and regular or permanent government servants, and employees of the government undertakings and corporations shall also remain exempted: ..... 11. issue of provisional inner line pass to import labourers in bulk.a large number of inner line passes are often issued to labourers of border roads task force, public works department, public health engineering, power and electricity department and their contractors, environment and forest department and to its mahaldars/contractors, government ..... of 2(two) years validity to one representative (ceo/ managing director/manager etc.) of the companies/ firms to enable them to register under mvat act, 2005. other non-indigenous employees my be issued regular ilp by the deputy commissioner upon sponsorship by the government department under which the companies, .....
Tag this Judgment!Court : Guwahati
..... chandra bahri v. state of bihar reported in : 1994crilj3271 , the hon'ble supreme court has held that sometimes motive plays an important role and becomes a compelling force to commit the crime and, therefore, the motive behind the crime is a relevant factor for which evidence may be adduced. similarly, in the case of dugdu v ..... considered along with other evidence but its value would always depend on the circumstances of each case. normally the courts are disinclined to attach much importance to the act of absconding, treating it as a very small item in the evidence for sustaining conviction. it can scarcely be held as a determining link in completing the ..... so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been done by the accused. case law discussed.12. the other noticeable judgments ex pounding legal principles for cases based on circumstantial evidence are c. .....
Tag this Judgment!Court : Guwahati
..... made by the petitioner is the order dated 6.7.09 (annexure-xxxi), by which the govt. of india in the ministry of home affairs, directorate general, border security force has rejected the petition submitted by the petitioner against the aforesaid orders. the orders so passed is pursuant to the order of this court dated 9.3.2009 passed in ..... petition was disposed of by order dated 9.3.09 with the direction to dispose of the petition submitted by the petitioner under section 117(2) of the bsf act, 1968. the said petition having been rejected by the aforementioned annexure-xxxi order dated 6.7.09, the petitioner has filed the instant writ petition, challenging all ..... the requisite intension / knowledge as envisaged in sec 300 ipc, the court was inclined to believe that being a trained and experienced force personnel, proficient in handling the fire arms and knowledge of the act of firing at the victim from such a close range was sufficient to cause his death in normal course of nature, must be .....
Tag this Judgment!Court : Guwahati
..... court, the person concerned shall have no option subject to interference by the highest court but only is to be deported under act when the same itself is not in force and hence such act will be highly prejudicial to him infringing the fundamental rights guaranteed under articles 14 and 21 of the constitution of india which ..... statement of objects and reasons.- the influx of foreigners who illegally migrated into india across the borders of the sensitive eastern and north-eastern regions of the country and remained in the country poses a threat to the integrity and security of the said regions. a substantial number of such foreigners who migrated into india after the ..... to show that the influx of foreigners who illegally migrated to india across the borders of the sensitive eastern and north-eastern regions of the country and remained in the country poses a threat to the integrity and security of the said regions and a substantial number of such foreigners who migrated into india after 25.3 .....
Tag this Judgment!Court : Guwahati
..... court, the person concerned shall have no option subject to interference by the highest court but only is to be deported under act when the same itself is not in force and hence such act will be highly prejudicial to him infringing the fundamental rights guaranteed under articles 14 and 21 of the constitution of india which ..... statement of objects and reasons. the influx of foreigners who illegally migrated into india across the borders of the sensitive eastern and north-eastern regions of the country and remained in the country poses a threat to the integrity and security of the said regions. a substantial number of such foreigners who migrated into india after the ..... to show that the influx of foreigners who illegally migrated to india across the borders of the sensitive eastern and north-eastern regions of the country and remained in the country poses a threat to the integrity and security of the said regions and a substantial number of such foreigners who migrated into india after 25.3 .....
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