Judgment Search Results Home > Cases Phrase: code of criminal procedure 1973 section 176 inquiry by magistrate into cause of death Court: guwahati Year: 1980

Nongpok Sekmai Collective Farming Co-operative Society Ltd. and ors. V ...

Court : Guwahati

..... perhaps to exercise jurisdiction as it stands at the time of decision.46. in jagir singh v. ranbir singh, air 1979 sc 381, where a criminal revision was barred under section 397(3) of the code of criminal procedure, 1973, and the revision application was filed before the 42nd amendment of the constitution, the order of the high court could not be sustained under article 227 ..... jurisdiction of the high court.26. in bishambhar nath v. achal singh, air 1932 all 651, iqbal ahmad, j., sitting singly, while holding that the officers or district magistrate hearing an appeal under section 318 of u. p. municipalities act, 1916, was a court observed that a court can be said to be subordinate to another court only if the latter court ..... c.p.c12. in the new english dictionary the meaning of court is : assembly of judges or other persons legally appointed and acting as tribunal to hear and determine any causes -- civil, criminal, military or naval. according to the webster's twentieth century dictionary, one of the meanings of court is the persons or judges assembled for hearing and deciding cases, civil ..... evidence on oath, but they are not part of the ordinary courts of civil judicature. they share the exercise of the judicial power of the state, but they are brought into existence to implement some administrative policy or to determine controversies arising out of some administrative law. they are very similar to courts, but are not courts. when the constitution speaks .....

Gendra Brahma and ors. Vs. the State of Assam

Court : Guwahati

..... the protective shields contained in articles 22(1), 20(3) of the constitution and section 303 of the criminal procedure code, 1973? is he not entitled to get legal aid at the stage? in kuthu goala v. state of assam, criminal appeal no. 154 of 1975 decided on 6-5-1980 : 1981 cri lj 424 ..... , confession should not be accepted. i am constrained to observe that if free legal aid, enshrined in the constitution and also in the code of criminal procedure means anything to a needy person it should begin from the moment when a poor and needy person is apprehended by the police. it ..... is equally applicable in the case of an accused brought by the police to cause his confession recorded by a magistrate under section 164 of the code. i am of the firm opinion that it is absolutely essential for all magistrates to explain to accused before proceeding to record confession, his fundamental rights under article ..... after which they caught him and accused magon cut his throat with khukri (nepali dao). thereafter they all removed the dead body and felled it into the garufela river. first, according to the confession of accused karendra brahma, accused magon since acquitted told him that lakhan basumatary would pay them rs ..... medical officer opined that the injuries were ante-mortem in nature and death was due to shock and haemorrhage as a result of the injuries sustained.7. it is proved beyond doubt that death was due to unlawful violence caused by a sharp weapon. the only question for our determination is as .....

Zarzoliana and ors. Vs. Government of Mizoram and ors.

Court : Guwahati

..... spirit of the code of criminal procedure or to apply the provisions of sections 167 and 437 as well as sections 209, 303, 304 and 309 of the cr.p.c. in mizoram. i direct the state government to issue necessary circular or order to all the magistrates to carefully implement the provisions of article 21, sections 167, 437 ..... show that he violated any terms and conditions or jumped bail. the allegation of the offence under the unlawful activities prevention act are neither punishable with death or imprisonment for the. in any view of the matter, it does not appear that the paper report contained any element of an offence under ..... custody by some persons and one person threw chilly powder on the escort party, snatched away rifles and killed one m.r.p. escort constable and caused serious injuries to 4 other c.r.f. constables. the offence is serious, no doubt. however, the petitioner was treated as an accused on ..... the said act. however, this is my tentative view. the state has not filed any counter. taking all factors into consideration, i direct that the accused-petitioner be released on bail f rs. 5,000 (rupees five thousand only) with one surety of the like ..... covenants on (civil and political rights) and extracted from the report of high powered committee on free legal aid. 'processual justice to the people', may 1973 p. 34 para 93. their lordships took note of the efforts made by the central and state governments, pointed to article 39-a as a 'fundamental .....

Kuthu Goala Vs. the State of Assam

Court : Guwahati

..... handicapped person, like the present appellant, confession should not be accented. i am constrained to observe that if free legal aid, enshrined in the constitution and also in the code of criminal procedure means anything to a needy person it should begin from the moment when a poor and needy person is apprehended by the police. it is useless to allow the roots ..... he is interrogated by police, is equally applicable in the case of an accused brought by the police to cause his confession recorded by a magistrate under section 164 of the code. i am of the firm opinion that it is absolutely essential for all magistrates to explain to accused before proceeding to record confession, his fundamental rights under article 22(1) and article 20 ..... , when he knows how to write? thereby, the court gets the real version coming from the prisoner himself; it ensures that the prisoner was mentally capable of translating his thoughts into writing as well. his inability to write the confession in his own words, though otherwise capable, would establish that he was mentally incapable of penning his thoughts in writing, when ..... body was identified to be that of the deceased by the head constable and also by the father of the deceased. it is proved beyond doubt that death was due to unlawful violence or criminal negligence. the only question for our determination is as to whether the accused is responsible for the murder of the deceased.8. in this case the report .....

Gokul Das Vs. the State of Assam

Court : Guwahati

Reported in : 1981CriLJ229

..... the sufficiency or fitness of the sureties, or, if it considers necessary, may either hold an inquiry itself or cause an inquiry to be made by the magistrate subordinate to the court, as to such sufficiency or fitness.11. the section contemplates (i) the furnishing of a personal bond by the accused and (ii) a bond ..... impugned order is clearly violative of the principle of natural justice and as such illegal and void. counsel further submits that the criminal procedure code envisages cash bail and the chief judicial magistrate committed no error in releasing the accused petitioner on cash bail and the cancellation was illegal and liable to be set aside.8 ..... alternative than to cancel the bail as there was no means to procure attendance of the accused.9. chapter xxxiii of the cr. p.c. (1973) deals with bail. a person is said to be admitted to bail when he is released from the custody of the officers of law and ..... in other words, bail means to release a person from custody or prison or detention under some kind of restraint and deliver him into the hands of sureties called 'bail' who bind themselves for his due appearance when required. the provisions as to bail are designed to achieve this ..... 1. this criminal revision application is directed against the order dated 6-3-1978, passed by the sessions judge, kamrup, gauhati, cancelling the bail granted to the accused-petitioner by the chief judicial magistrate by his order dated 3-3-1978 in g. r. case no. 725 of 1978, which relates to possession .....

Gokul Das Vs. the State of Assam

Court : Guwahati

Reported in : 1981CriLJ229

..... the sufficiency or fitness of the sureties, or, if it considers necessary, may either hold an inquiry itself or cause an inquiry to be made by the magistrate subordinate to the court, as to such sufficiency or fitness.11. the section contemplates (i) the furnishing of a personal bond by the accused and (ii) a bond ..... impugned order is clearly violative of the principle of natural justice and as such illegal and void. counsel further submits that the criminal procedure code envisages cash bail and the chief judicial magistrate committed no error in releasing the accused petitioner on cash bail and the cancellation was illegal and liable to be set aside.8 ..... alternative than to cancel the bail as there was no means to procure attendance of the accused.9. chapter xxxiii of the cr. p.c. (1973) deals with bail. a person is said to be admitted to bail when he is released from the custody of the officers of law and ..... in other words, bail means to release a person from custody or prison or detention under some kind of restraint and deliver him into the hands of sureties called 'bail' who bind themselves for his due appearance when required. the provisions as to bail are designed to achieve this ..... orderk.n. saikia, j.1. this criminal revision application is directed against the order dated 6-3-1978, passed by the sessions judge, kamrup, gauhati, cancelling the bail granted to the accused-petitioner by the chief judicial magistrate by his order dated 3-3-1978 in g. r. case no. 725 of 1978, .....

indrajit Baruah Vs. State of Assam and anr.

Court : Guwahati

..... of public order, after giving such warning, if any, as he may consider necessary, fire upon, or otherwise use force even to the causing of death.8. under section 4(a) of the armed forces special powers act, 1958, any commissioned officer, warrant officer etc. can take similar action.9. the ..... capable of being used as weapons or of fire-arms ammunition or explosive substances.'7. it is seen that under the above provisions, any magistrate or police officer not below the rank of sub-inspector or havildar in case of the armed branch of the police or any officer ..... the aggrieved party, and the substantive as well as procedural safeguards which must under such circumstances, be strictly observed. in cases of problems creating public disorders, the court has to strike a balance between ..... fundamental rights on the one hand and objective to be achieved on the other. the nature and type of disorder has to be taken into consideration. whether it is in the nature of 'law and order', 'public order' or 'security of state' as envisaged in babulal parate's ..... extent and urgency of the evil sought to be remedied thereby, the disproportion of the imposition, the prevailing conditions at the time, should all enter into the judicial verdict.10. considering all the above factors, this court has to examine whether sufficient safeguards have been provided, say for representation by .....