Court : Guwahati
..... portuguese authorities you are carrying on espionage on behalf of the portuguese government with the help of underground workers. you are also collecting intelligence about the security arrangements on the border area and you make such intelligence available to the portuguese authorities. these activities which are being carried on by you with the object of causing ..... in the petition. though it has been stated that the order was not served on the petitioner within the statutory period provided by the national security act, 1980, hereinafter the act, the same does not seem to be correct inasmuch as the order was not passed on 12-7-1982 as is the averment in the petition ..... and, as such all of them had taken place after the mnf had been declared an unlawful association under the provisions of the unlawful activities (prevention) act, 1967. the acts of harbouring and helping the mnf to collect taxes have to be regarded as showing rather close association of the petitioner with the mnf. if the .....
Tag this Judgment!Court : Guwahati
..... specific 'emergency provisions' in part xviii to take care of such exigencies. indeed, there cannot also be any comparison between the provisions of the north ireland act, and our national security act which is not meant to fight 'terrorism' and its objectives are not so widely stated as to include 'protection of public'.34. our attention in this ..... any related or supposed inadequacy in law? indeed, there is the constitutional mandate of article 51a to be taken note of but it is not charged with patent force of legal sanctions by which the judiciary can give effect to the mandate. i have my doubts if it is open to the judiciary to deny to any ..... article 22 to the misa. which it contains, controls and animates. ...in a sense, the court's control through review is peripheral, processual and yet crucial.'7. equally forceful is the observation of bhagwati j., in smt. icchu devi choraria : [1981]1scr640 :this constitutional right of life and personal liberty is placed on such a high padestal .....
Tag this Judgment!Court : Guwahati
..... the petitioner required rejection. the petitioner had previous experience like respondent no. 6. further the difference in tender amounts was nominal. the petitioner deposited the security amount of rupees 43,965/- on 28-6-1982, as called upon. further, lease deed had been executed and possession of the bazar was taken over ..... state government or their instrumentalities in the absence of extraordinary or special circumstances. the power to settle 'hats' has been conferred on the panchayats under 'the act', surely not on the state government. therefore, before disturbing an order of settlement made by an elected body, the authority should be very slow, circumspect ..... else. we are of the firm opinion that notwithstanding the massive power of the state and its instrumentalities under sections 133, 138 (2) of 'the act', the legislature thought that the intervention of the function of the mahkuma parishads and/or the gaon panchayats by the government or their instrumentalities should be minimal. .....
Tag this Judgment!Court : Guwahati
..... frustrated by overplaying the safeguards too much.2. these thoughts have occurred to us because in this application challenging the detention of the petitioner under national security act (for short, the act) as unconstitutional and illegal, one of the points urged is that as the petitioner was under arrest when the order of detention had been passed, ..... the connected footnote adds a rider saying that '(e) exceptionally, however, permissive language may be held to impose a duty to act.' though for the day on this aspect.16. there is no force in the third grievance advanced by shri goswami as well the same being vagueness in the grounds. though it is submitted that the ..... on the basis of this solitary incident to which aspect of the matter we are not addressing ourselves, though it is debatable whether the nature of the act and the attendant circumstances could have permitted the use of preventive law in the case at hand, the petition accordingly succeeds and the respondents are directed to .....
Tag this Judgment!Court : Guwahati
..... not accepted as suggestive of such a tendency, as it had not even been alleged that the commission of theft was accompanied by violence or show of force nor also that it was committed openly or in a daring fashion by overawing or overcoming resistance from any quarter.9. we may note two other decisions ..... part of the detaining authority becomes more subjective in an area in which the law recognized authority's 'subjective satisfaction' itself to be subjective. duty to act reasonably in such cases on the part of the authority thus becomes acutely essential as possibility looms large in such cases of abuse of power. on a priori ..... conveyor-belt system of collaborating instrumentalities are all implied in the episode of removal of extremely complicated parts referred to in the ground set out. this single act cannot live in isolation and necessarily connotes a course of previous conduct whereby some specialisation has been acquired, some specialised agencies have been fabricated and some special .....
Tag this Judgment!Court : Guwahati
..... rule in one was issued having received a communication from jail, and the other is a regular petition challenging the detention under the provisions of the national security act, 1980, hereinafter the act.2. we have been called upon to adjudge the legality of an order passed on 19-2-83, the grounds of which are dated 23-2- ..... charges against him in a general way and has brought some allegations against police atrocities. the secretary was of the view that the representation did not have much force and desired that the allegations of police atrocities may be enquired into separately. the endorsement of the deputy secretary is dated 14-3-83 where the secretary noted ..... district magistrate, dibrugarh, as such, the basic facts which were mentioned in the grounds cannot be said to be non-existent. this submission has, therefore, no force.4. it is then brought to our notice that the order is founded on a solitary instance and reliance on the same to preventively detain the petitioner really speaks .....
Tag this Judgment!Court : Guwahati
..... siem of mylliem therein. it reads that sections 62 to 66-a and 85 to 367, and the fourth and fifth schedules of the bengal municipal act, 1884 (bengal act iii of 1884) as in force for the time being in the municipality of shillong, and all notifications, orders, schemes, rules, forms or bye-laws made or hereafter to be ..... purpose to be set aside for the growth of trees to supply building timber and fire-wood to the inhabitants of the state. you shall take efficient measures to secure these areas against destruction by and by jhuming. viii. you do hereby confirm the agreement given by your predecessor, regarding the trial by the deputy commissioner alone of ..... local rules and orders by e. a. gail, published in 1893 : 'whereas an application was made to the chief commissioner for putting in force chapter iv of act v (bc) of 1876 (bengal municipal act) in the station ofshillong and its suburbs laban andmawkhar, in the district of the khasi and jaintia hills; and whereas it has been reported by .....
Tag this Judgment!Court : Guwahati
..... the road at about 4-30 p. m. he denied that he made any report at the police station on that date and it was his case that he was forced to give his signature on the fir by the police after his arrest. the learned sessions judge discussed the evidence in detail and accepted the prosecution case. he accepted the ..... : 1973crilj1136 wherein the conviction of the appellant under section 302. i.p.c. was upheld mainly on the basis of the evidence of discovery under section 27 of the evidence act for which support was found in the motive of the crime which was also proved in that case besides the previous and subsequent conduct of the accused. the ratio, in ..... that he would point out the place where he had thrown away the dao. the information relating to the throwing awav is not admissible under section 27 of the evidence act. to bring home the real purport of section 27. it would be enough if reference is made to two recent decisions of the supreme court along with kottava air 1947 .....
Tag this Judgment!Court : Guwahati
..... part of the concluding sentence of section 110-b has to be construed in a manner as will promote, and not defeat, the object of chapter viii of the act by securing for it a harmonious co-existence with the other provisions of the chapter. in our opinion, so long as the award is riot satisfied, the liability to the ..... well as 'requirements of policies' to give effect to the provisions of section 94 which prohibits use of a motor vehicle in a public place without there being in force in respect of the vehicle a policy of insurance complying with the requirements of chapter viii which apparently contains a complete code in respect of 'insurance of motor vehicle against ..... for. it is the duty of the court, mandated by article 39a of the constitution, to ensure that the benevolent social objective of chapter viii of the act is not defeated and economic justice is secured to the claimants. to enforce the statutory duty cast on the insurer in terms of sub-sections (2) (b) and (5) of section 95 .....
Tag this Judgment!Court : Guwahati
..... any other statutory authority can take regulatory measures to promote the efficiency and excellence of educational standard and issue guidelines for the purpose of ensuring the security of the service of the teachers and other employees of the institutions, so also to take care of the standard of education, the university can ..... content' of the minority institutions. it was further held by their lordships that regulations are also 'necessary to see that there are no divisive and disintegrating forces in administration. 15. the problem of a linguistic minority and the question of recognition of its cultural aspirations are unique neither to our country nor to our ..... saints high school, air 1980 sc 1042 (supra), wherein the court was concerned inter alia with a provision in andhra pradesh recognised private educational institutions control act, 1975, which had required prior approval of the competent authority in case of dismissal, removal or reduction in rank of a teacher. the majority held .....
Tag this Judgment!