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
..... cases by way of illustration wherein such power could be exercised either to prevent abuse of process of court the process of any court or otherwise to secure the ends of justice, though it may not be possible to lay down any precise, clearly defined and sufficiently channelised and inflexible guidelines or rigid formulae ..... the petitioner is unable to prove his innocence or is being successfully prosecuted due to the half-hearted action taken by the authorities. therefore, there is considerable force in the grievances projected by the petitioner.18. for the reasons stated in the foregoing, i have no alternative but to allow the writ petition.19. consequently, ..... .16. as already indicated by me earlier, even though there might have been a case of impropriety bordering upon abuse or misuse of power of misconduct/wrong doing/bad faith on the part of the petitioner, but these acts of commission or omission may not necessarily constitute criminal offences. as a matter of fact, no specific .....
Tag this Judgment!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
..... govt. servant of the arunachal pradesh/assam who is agreeable to mortgage his property for performance of the terms and conditions of the bond. 6. that the security deposit furnished by shri n. sengupta shall be confiscated by the society, if the incumbent leaves the services without permission'. the above order recites the appointment is ..... features may emerge so boldly and prominently that a second view may not be possible'. there may yet be other cases 'where the matter would be on the border line and it would be difficult to take one view or the other 'outright'. in para 12 it is stated how the constitution of india came to ..... 'the co-operative societies are not created by the co-operative societies act and they are not statutory bodies. they are only functioning in accordance with the provisions of the act. these institutions would have legal existence even if the co-operative societies act was not in force. moreover, the government have no shares in the co-operative societies. there .....
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
..... 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
..... 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 .....
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..... 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 .....
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..... 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
..... 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. .....
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