Judgment Search Results Home > Cases Phrase: border security force act 1968 section 99 lunacy of accused Sorted by: old Court: guwahati Page 1 of about 80 results (0.200 seconds)

Abdul Aziz Vs. the State

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 .....

Shamsul Islam Vs. Government of Tripura

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, .....

Ramesh Chandra Dey Vs. the State of Assam and ors.

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 .....

Ramesh Chandra Dey Vs. the State of Assam and ors.

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 .....

Thangdawla Lushai and anr. Vs. Assistant Collector, Central Excise and ...

Court : Guwahati

..... dutiable goods with a view to defraud the government and of concealing the goods and bringing them through unauthorized route for the purpose of such defrauding. manipur being a border state, such offences appear to be quite common and they have to be put down by giving deterrent punishment. the magistrate had given stiff sentences, suit the ..... the receipt for payment of duty and in that ease they would also not have had the necessity to conceal them in the manner they did. manipur is a border state and a land route is prescribed for bringing such goods to lmphal. according to the petitioners' own admission, these goods were not brought, along the said ..... knowingly or with intent to defraud the government of any duty payable thereon, or to evade any prohibition or restriction for the time being in force under or by virtue of the said act with respect thereto acquires possession of or is in any way concerned in carrying, removing, depositing, harboring, keeping or concealing or in any manner .....

Biren Datta and ors. Vs. the Chief Commissioner of Tripura

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 .....

Border Security Force (B.S.F.), Meghalaya Vs. State of Meghalaya and o ...

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 .....

Border Security Force (B.S.F.) Vs. State of Meghalaya and ors.

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 .....

Nihar Sengupta Vs. Union Territory of Arunachal Pradesh and ors.

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 .....

K.S. Vohra Vs. Director General of Border Security Force

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 .....