Court : Guwahati
..... the community, to arrive at the conclusion that none of the grounds attract the expression 'the security of the state' contemplated under 'the act'. there is no allegation that the acts were intended to overthrow government or waging war or rebellion against the government, or disclose facts to bring the case ..... 1. this is a habeas corpus petition where the detenu has been detained under section 3(2) of the national security act, 1980, with a view to 'preventing him from acting in a manner prejudicial to the security of the state, the maintenance of public order'. the petitioner was furnished with a copy of the grounds. the first ..... 6. the purpose of detention is for 'the security of the state' and 'public order'. we have scrutinised all the grounds. we have taken into consideration the picturesque notion of three concentric circles, the dimension of gravity and extensity of the acts, the potentiality of the acts, the nature of operations and the physical impact on .....
Tag this Judgment!Court : Guwahati
..... the fundamental right under article 19 (1) (d) & (e). the previous bombay case reported in ' : air1950bom363 . was distinguishable on the ground that the bombay public security measures act, the validity of which was called in question, contained no provision giving an externee any right of being heard by the authority externing him. the ratio decidendi in ' : ..... the further extension of the externment order beyond three months may be for an indefinite period, but in that connection the fact that the whole act is to remain in force only up to 14-8-1951 cannot be overlooked. moreover, this whole argument is based on the assumption that the provincial govt. when ..... to the general reputation of the petitioner. their evidence, therefore, cannot be dismissed as not covered by the expression 'general repute'. the probative value or force that should attach to each statement would depend on a consideration of the statements separately in the light of other facts stated or admitted by the witnesses .....
Tag this Judgment!Court : Guwahati
..... by the state government hunts, shoots, fishes, poisons water or sets traps or snares or(j) in any area in which the elephant's preservation act, 1879, is not in force, kills or catches elephants in contravention of any rules so made, shall be punishable with imprisonment for a term which may extend to six months, or ..... was held, is intended to protect the forest in respect of which the state has decided to constitute a reserved forest but before the entire procedure envisaged by the act to constitute a reserved forest has been completed. the provisions of section 5, it is manifest, were conceived and enacted from a practical standpoint. after the government ..... to extort illegal gratification from him, the trial court found the charge established and on negativing the defence plea it convicted monoranjan das under section 26(1) of the act and sentenced him to a fine of rs. 25/-, or, in default, seven days' rigorous imprisonment. having felt aggrieved monoranjan das took the matter in revision .....
Tag this Judgment!Court : Guwahati
..... . the poll was held on 10-5-2001 and the counting of votes commenced from 13-5-2001. at the end of the counting, the petitioner having secured 1272 votes less than the respondent no. 1, the returning officer declared the respondent no. 1 to be duly elected from the said constituency. aggrieved, the ..... extracted hereinbelow :-- 1) whether the respondent no. 1 shripremodhar bora committed corrupt practicewithin the meaning of section 123(3) andsection 123(3a) of the representation ofpeople act, 1951. on 25-4-2001 while delivering a speech at santhapur, bhipuria byappealing to the voters to vote for him andto refrain from voting for the petitioner onthe ..... not against the returned candidate. learned counsel for the election petitioner by laying emphasis on the expression 'other person' appearing in section 123(8) of the act has contended that the aforesaid actions of sri jagannath doley which stands proved by the evidence on record would amount to booth capturing within the meaning of clause .....
Tag this Judgment!Court : Guwahati
..... appears, therefore, that in express terms the procedure laid down under the warrant procedure has been provided for only in respect of enquiry regarding the security and externment proceeding before the criminal court. in other cases, the procedure laid down in the criminal procedure code will govern and indeed there is no dispute ..... be investigated, inquired into, tried and otherwise dealt with according to the same provisions, but subject to any enactment for the time being in force regulating the mariner or place of investigating, inquiring into, trying or otherwise dealing with such offences.from a perusal of the above provisions it is ..... officer-in-charge of a police station for the investigation of offences under this act.section 27 confers jurisdiction on different magistrates to try offences and pass appropriate sentences authorised by the act. while dealing with the provisions for security from habitual offenders to desist from committing offences, certain procedure has been laid .....
Tag this Judgment!Court : Guwahati
..... sale of tea grown and manufactured by the seller in assam and that result is secured by suitable provisions which need not be recited (see the explanation to section 2, the proviso to section 8 and rule 5 made under the act).' 32. in the final result, their lordships upheld the assessment made under the provisions ..... this provision was included when the government of india act, 1935, was passed, the indian income-tax act, 1922, as well as rule 24 framed thereunder were in force as law. hence, it must be assumed that the government of india act, 1935, adopted these definitions under the indian income-tax act, and subsequently, when the constitution was passed, ..... of his majesty and servants of the crown, government officers, and the armed forces anywhere in india. section 45a of the government of india act, 1915, classified the central and provincial subjects. prior to 1922 and at the time the indian income-tax act, 1922, was passed, the central legislature had the power to impose tax on .....
Tag this Judgment!Court : Guwahati
..... of reference to a larger bench. hence they are before us.2. the. questions are:'1. whether the army authorities under the provisions of the armed forces special powers act, 1958 (act no. 28 of 1958) can arrest a citizen or an individual, male or female, without any invitation on the part of the police authority or ..... an unlawful assembly cannot be otherwise dispersed, and if it is necessary for the public security that it should be dispersed, the executive magistrate of the highest rank who is present may cause it to be dispersed by the armed forces. such magistrate may require any officer in command of any group of persons belonging to ..... little authority there is would be duties of soldiers when the members of the armed forces are requisitioned or called upon to assist in controlling or dispersing a riotous assembly.10. section 131, cr.p.c. further provides that, when the public security is manifestly endangered by any riotous assembly and no executive magistrate can be communicated .....
Tag this Judgment!Court : Guwahati
..... railway track and the evidence of the doctor, pw 18 who had conducted post mortem examination on 4.1.1995 also confirms that the deceased girl was forced to sexual intercourse and thereafter strangulated to death and the variations in the description of the injuries inflicted on the body of the girl given by pw ..... testimony of an accomplice, illustration (b) of section 114 of the evidence act states that an accomplice is unworthyof credit, unless he is corroborated in material particulars. he cited the decisions of the privy council and the supreme court with ..... mr. a.k. bhattacharjee, learned counsel for the appellant in criminal appeal no. 18/98, submitted that although section 113 of the indian evidence act, 1872, (for short 'evidence act') states that an accomplice shall be a competent witness against an accused person and a conviction is not illegal merely because it proceeds on the uncorroborated .....
Tag this Judgment!Court : Guwahati
..... admitted it must be held that the contention of the petitioner that the impugned order is bad for breach of the audi alteram partem rule has a strong force provided the petitioner had acquired any legal right which was nullified by the impugned order. naturally two questions come up for consideration--first, whether the petitioner ..... to insulate or rectify breach of natural justice committed by it in the first instance. the principle accords with the legal maxim actus curiae neminem gravabit (an act of the court shall prejudice no man). right of hearing or prior notice of hearing by an authority which decides controversial issues affecting the rights of the ..... 245d(1) obligates the commission to hear the applicant before rejection, apart from that it was fair play not to prejudice a party without hearing unless the act expressly excluded it. nothing was lost by hearing the petitioner whose application for settlement was rejected and much might be gained by such hearing in properly processing .....
Tag this Judgment!Court : Guwahati
..... to our hearts and put us in political power.'on the strength of this letter, the provincial government decides to take action against 'a' under the security act of 1947. manifestly having regard to the provisions of section 4 of the lot of 1947, the provincial government will be under no obligation to communicate ..... that caseobservations which i think still apply to cases which have been brought to this court after the constitution of india came into force, for, the central act (preventive detention act, 1930) still empowers the detaining authority to withhold from the detenu such information as it considers fit to withhold from him in the ..... basis of an order of detention. his association with individuals or associations known for activities which bring them within the purview of section 3, preventive detention act, may also afford justification for a detention order. the substance of information which produces the belief which gives the detaining authority power to order detention without .....
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