Court : Guwahati
..... the present case, has been referred to a larger bench and that is how the matter is before us.2. section 68a of the copyright act, 1957 provides that an offence under section 52a of the said act is punishable with imprisonment which may extend to 3 years as well as fine also. under part-ii contained in schedule-i of the ..... prepared to and does furnish bail, and every person released on bail under this sub-section shall be deemed to be so released under the provisions of chapter xxxiii for the purposes of that chapter ;' '386. extortion by putting a person in fear of death or grievous hurt. whoever commits extortion by putting any person in fear of death or ..... . following the ratio of the apex court judgment in rajeeb chaudhary's case (supra) what would logically follow is that the punishment prescribed under section 68a of the copyright act being for imprisonment which may extend to period of 3 years, the punishment prescribed cannot be said to be less than 3 years as required under part ii of .....
Tag this Judgment!Court : Guwahati
..... respondent no. 1 through its dealer, the defendant no.2. such activities on the part of defendant no.1 violate the provisions of the trade mark act, 1999 as well as the copyright act, 1957. 12. since the activities of the defendant no. 1 and 2 have infringed the right of the plaintiff, conferred on him under the copy right ..... not carry on business in delhi. the preliminary question which arose in dhodha house was whether the existence of jurisdiction under copyright act 1957 would also enable the clubbing of the dispute arising from the trade and merchandise act 1958. 22. it is also the contention of the plaintiff/appellant that a court dealing with an application under order vii ..... party at the first hearing so that bogus litigation can be shot down at the earliest stage. the penal code is also resourceful enough to meet such men (chapter xi) and must be triggered against them" it is clear that if the allegations are vexatious and meritless and not disclosing a clear right or material(s) to .....
Tag this Judgment!Court : Guwahati
..... provisions of the rules and on that count alone is liable to be adjudged nonest in law, he pleaded.15. mr. goswami has further argued relying on chapter i of the rules of the gauhati high court (high court of assam, nagaland, meghalaya, manipur, tripura, mizoram and arunachal pradesh) at guwahati (hereafter referred ..... respondents had been appointed as junior teachers was provincialised along with similarly situated institutions and were taken over by the punjab state w.e.f. 1/10/1957. thereafter the punjab educational service (provincialised cadre) class iii rules, 1961, under article 309 was framed for regulating the conditions of service of the teaching ..... relevant justifying the discharge of a probationer, mere omission to mention the same in the order would not necessarily be fatal if taken note of and acted upon by the authority concerned. the sequence of events noticed hereinabove and the relevant facts available before the administrative committee proclaim that its resolution followed .....
Tag this Judgment!Court : Guwahati
..... received from any person, other than a police officer, or upon his 'own knowledge', that such offence has been committed.16. it, now, needs to be pointed out that chapter xii of the code of criminal procedure, 1973, deals with 'information' to the police and their powers to investigate. sub-section (1) of section 154 provides that every ' ..... . it will be clear, therefore, that in the present case neither the additional district magistrate nor mr. thomas applied his mind to the complaint filed on 3-8-1957, with a view to taking cognizance of an offence. the additional district magistrate passed on the complaint to mr. thomas to deal with it. mr. thomas seeing that cognizable ..... the magistrate:provided that when the complaint is made in writing, the magistrate need not examine the complainant and the witnesses (a) if a public servant acting or purporting to act in the discharge of his official duties or a court has made the complaint, or (b) if the magistrate makes over the case for inquiry or .....
Tag this Judgment!Court : Guwahati
..... liable to be tried by court-martial.- (1) the central government may make rules consistent with this code and the army act, 1950 (46 of 1950), the navy act. 1957 (62 of 1957). and the air force act, 1950 (45 of 1950) and any other law. relating to the armed forces of the union, for the time being in ..... , which makes provisions for investigation of charges and trial by a court-martial. for better appreciation of the scheme of investigation and trial, relevant provisions of chapter-v are reproduced hereinbelow:investigation of charges and trial by court-martialsection i-investigation of charges and remand for trialpower of commanding officers1/22. hearing of charge.-(1 ..... thereafter sending it for inquiry and report under section 202. when the magistrate applies his mind not for the purpose of proceeding under the subsequent sections of this chapter, but for taking action of some other kind, e. g., ordering investigation under section 156(3), or issuing a search warrant for the purpose of the .....
Tag this Judgment!Court : Guwahati
..... had been incorporated in the final record of rights. no assertion has been made either that any process for preparation of the record of rights under chapter-vii of the tenancy act had at all been undertaken involving the land in their occupation. the materials available on record on the other hand only demonstrate their categorical case ..... . the said provision requires that the survey has to be made and the record of rights prepared in accordance with the rules framed by the state government.17. chapter- vii of the tenancy rules deals with the procedure for preparation of record of rights. rule 29(a) envisages the various stages of the process. under section ..... dutta, is an acid test to ascertain the appellants' status as cultivating tenants.13. relying on rule 16 of the assam fixation of ceiling on land holding rules, 1957, (hereafter referred to as the ceiling rules), the learned sr. counsel urged that there being no material on record to suggest that the appellants had within six months .....
Tag this Judgment!Court : Guwahati
..... court shall not be competent to try suits and cases in respect of offences -(i) under sections 124a, 147 and 153 of the indian penal code,(ii) under chapter x of the same code in so far as they relate to the contempt of a lawful authority other than an authority constituted by the district council,(iii) of ..... the darbar siem of the cherra siemship on the 16th november 1937 had decided that u debindranath khongsit should take charge of the leitryngew office from the 18th november 1957. accordingly he took charge of the said office. this arrangement was subsequently confirmed by the darbar hima on the 17th september 1958.the petitioners before the additional deputy commissioner ..... . the governor has also been given power to make regulations for the peace and good government of any such area and the regulation can repeal or amend any act of parliament or of the legislature of the state or any existing law for the time being applicable to such area. the regulations made under the provisions of .....
Tag this Judgment!Court : Guwahati
..... whether the review petitioners could make out any ground for review of the judgment and order dated 01.02.2010 passed in moslem mondals case? 63. rule 5 of chapter-x of the gauhati high court rules requires presentation of the application seeking review of the judgment to the division court of whose judgment the review is sought for, ..... petition to the full bench for hearing, contending that such reference is not maintainable in view of the provisions of gauhati high court rules. referring to rule 5 of chapter-x of the gauhati high court rules, which provides for presentation of the application seeking review by way of motion in open court to the division court of whose ..... officer vs. k.i. abraham reported in air 1967 sc 1823 while dealing with the provisions of the central sales tax act, 1956 and the third proviso to rule 6(1) of the central sales tax (kerala) rules, 1957, which prescribed a time limit within which the declaration is to be filed by the registered dealer, has opined that in .....
Tag this Judgment!Court : Guwahati
..... attached to the section provides as follows:if any goods, the importation or exportation of which is for the time being prohibited or restricted by or under chapter iv of this act, be imported into or exported from the states contrary to such prohibition or restriction, or if any attempt be made so to import or export any ..... subject of consideration in a number of cases of the supreme court, in the case of 'r. m. d. chamarbaugwalla v. union of india' reported in : [1957]1scr930 it has been summarised as follows:1. in determining whether the valid parts or a statute are separable from the invalid parts thereof, it is the intention of ..... commission which by its report recommended the adoption of the principles underlying section 178a in order to minimise smuggling. the commission recommended the amendment of the sea customs act firstly to make smuggling a criminal offence, and secondly empowering customs officers to search premises etc, and thirdly to transfer the onus of proof in respect of .....
Tag this Judgment!Court : Guwahati
..... , and the magistrate cannot be held to be incapable of reviewing or reversing the same. this view finds strength in the provisions following section 125 in the same chapter which entitled the court to alter, to review or event to cancel its judicial orders.' 15. in another case of janha das v. daitari chandra pattanaik reported ..... as follows: '3. the learned sessions judge while allowing restoration of the revision relied on 31 (1965) clj 789 rekha jena v. manoranjan jena and air 1957 patna 33 ranwatar thakur and ors. v. state of bihar. in these decisions, it has been held that an order of dismissal for default is in the ..... order may be declaratory or it may contain an affirmative or negative command. a regulation issued by an administrative agency interpreting or applying the provisions of a statute. administrative acts having force of law, designed to clarifyor implement a law or policy.', while 'judicial order' means - 'one which involves exercise of judicial discretion and affects final .....
Tag this Judgment!