Court : Guwahati
..... of the act, the apex court in the case of bharat coking coal ltd. v. madanlal agrawal : air1997sc1599 of the judgment held as follows:the two key words for the purpose of interpreting section 3 are 'mine' and 'owners'. if we look at the definition of a 'mine' under section 2(h), the definition is designed to cover:(1) ..... the same management;(x) all lands, buildings and equipments belonging to the owner of the mine, and in, adjacent to or situated on the surface of, the mine where the washing of coal obtained from the mine or manufacture, therefrom, of coke is carried on;(xi) all lands and buildings (other than those referred to in sub-clause (x), wherever ..... in, adjacent to or situated on the surface of the mine, where washing of coal or manufacture of coke is carried on.(2) in addition, the definition of 'mine' also covers all those assets which are required for a proper functioning of the mine irrespective of whether these assets 'belong' to a mine or not. thus, for example, section 2(h)( .....
Tag this Judgment!Court : Guwahati
..... has filed this second appeal. 6. there is no dispute that the right, title and interest of artc in the coal mine named'borgolai' situted at post office borgolai was acquired by the central government by the coal mines (nationalisation) act, 1973. the name of this mine finds place in the schedule to the act at serial no. 4. 7. the only question that arises for ..... the same management; (x) all lands, buildings and equipments belonging to the owners of the mine, and in, adjacent to or situated on the surface of, the mine where the washing of coal obtained from the mine or manufacture, therefrom, of coke is carried on; (xi) all lands and buildings other than those referred to in sub-clause (x) wherever situated, if solely used for .....
Tag this Judgment!Court : Guwahati
T. NK Singh, J. 1. The challenge in this writ petition is to (i) the detention order being No. Cril/NSA/No.100 of 2011, Imphal the 24th August, 2011 issued by the District Magistrate Imphal West Manipur in exercise of the powers conferred by sub-section-3 of Section 3 of the National Security Act, 1980 (NSA for short) read with Home Departments order No.17(1)/49/80-H (Pt-I) dated 09.8.2011 directing the petitioner-detenu, Shri Thiyam Imocha Singh, who is now in police custody, be detained under Section 3(2) of the NSA, 1980 until further orders; (ii) the order of the Governor of Manipur being No.17(1)158/2011 H: Imphal the 1st Sept., 2011 for approving the detention order dated 24.8.2011 and also (iii) the order of the Governor being No.17(1)158/2011-H: Imphal the 7th Oct., 2011 for confirming the detention order dated 24.8.2011 and fixed the period of detention for 12 (twelve) months from the date of detention only on the ground that rights of the petitioner-detenu guaranteed under A...
Tag this Judgment!Court : Guwahati
I.A. Ansari, J.1. It was in an age of struggle that India's struggle for independence achieved success, for, with the end of the Second World War, countries were struggling to overcome the disastrous consequences, which the war had brought. It was an age, when the people, all over the world, were struggling for space and everyone wanted to have greater say in the governance of their respective countries. British empire had fragmented and struggle to occupy he void created by the fall of the British empire had had fragmented and struggle to occupy the void created by the fall of the British empire intestified. It was in such a period of transition from colonial rule to a rule of self-governance that the constitution of India was in prepared. What our constitution-makers witnessed and experienced had its reflection in our Constitution. The concept of entry tax is a concept routed in history. Before the industrial revolution, the society, world over was mainly agriculture based, there w...
Tag this Judgment!Court : Guwahati
Amitava Roy, J. 1. The appellants, four service men of the State Police Service have been indicted, tried and convicted for causing the death of one Bhrigu Malakar alias Bibhuti Malakar alias Kere (thereinafter referred to as 'Kere') while in their custody at Malugram outpost/Silchar, Cachar. By the impugned judgment dated 18.8.2001 passed by the learned Additional Session Judge, Cachar, Silchar in Session Case No. 6/97 the appellants in Criminal Appeal Nos. 274/01 and 292/01 have been convicted Under Section 302 IPC and sentenced to Rule 1, for life with a fine of Rs. 1000 each in default to suffer S.I. for one month. They were also convicted Under Section 342 IPC and sentenced to undergo R.I. for one month each. The appellants in criminal Appeal No. 272/01 have been convicted Under Section 304(11) IPC and sentenced to undergo R.I. for a period of 4 years with a fine of Rs. 500 each in default to suffer further S.I. for 15 days.2. We have heard Mr. J. M. Choudhury, learned Senior Ad...
Tag this Judgment!Court : Guwahati
..... referred to a decision of the supreme court in rustom cavasjee cooper v. union of india, air 1970 sc 564. that case had been preferred by the petitioner against the nationalisation of banks under the provision of banking companies (acquisition and transfer of undertakings) act (22 of 1969) (ordinance 8 of 1969) claiming constitutional protection against the provisions of the act ..... work satisfactorily they mentioned the remarks written in the visitors' book on 1 -4-95 (annexure-g to the writ petition), by the secretary to the govt. of assam, power, mines and minerals and the minister of the power department on 20-1-95, the senior representatives of the overseas economic 'cooperation fund of japan on 10-12-95. as stated .....
Tag this Judgment!Court : Guwahati
..... unlawful imprisonment (sometimes called duress in strict sense) or by the threat of being killed, suffering some grievous bodily harm, or 'being unlawfully imprisoned (sometimes called menace, or duress 'per mines'). duress also includes threatening, beating or imprisonment of the wife, parent or child of a person.' the compulsion in this sense is a physical objective act and not the state .....
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