Court : Guwahati
..... persons in the employ of the government and other authorities and institutions, from attending to their normal work and business and which acts are likely to cause annoyance and injury to the persons lawfully employed and disturbance to public tranquillity:and whereas i am satisfied from the aforesaid police report and information that there is sufficient ground for ..... emergency and that in such a case, the petitioner could go before the district magistrate under section 144(4) and (5) and show cause against the order and he could come to this court by way of revision, only if the district magistrate rejected his prayer for reasons to be recorded in writing, i was not very much impressed with this argument, because the petitioner ..... argued that it will not apply to the residents of a particular place, but only to those who frequented or visited the place and further that such a large area like the municipal limits and suburbs within 5 miles will not come within the meaning of 'particular place' in section 144(3). various decisions were also cited in support oi this ..... as the matter is pending before a criminal court, except to state that shouting of slogans and picketing and processions by more than 5 persons have admittedly being used by the sponsors of the movement for aiding and encouraging the movement and when acts of violence are feared such shouting and assembly will tend to foster the movement resulting in disturbance to public tranquillity, as violence on ..... a .....
Tag this Judgment!Court : Guwahati
..... there can be no doubt that in substance and in effect a proceeding under section 145 of the code, as pointed out, by the supreme court in that case, is primarily concerned with the prevention of the breach of the peace by declaring the party found in possession to be entitled to remain in possession until evicted ..... in that event the other party will be forbidden from creating any disturbance of the possession (including the deemed possession, in case the application of the proviso to sub-section (4) is found necessary) of ..... order of the high court came up before the supreme court by special leave. ..... the act was passed to prohibit unauthorised occupation of vacant land in the urban areas in the state of maharashtra and to provide for summary eviction ..... 9 of 1976 in the course of the hearing, it was stated at the bar that the petitioner before us, who was the first party in that proceeding, has filed a suit while revision is pending before this court, for declaration of the right that he was entitled to be in ..... 3 of 1976 is also remanded to the learned additional sessions judge, manipur; they are directed to dispose of the same in accordance with law on ..... 9 of 1976 is remanded to the learned sessions judge, manipur, ..... 9 of 1976, the petitioner, konjengbam lamphel singh ..... 3 of 1976, the petitioner before us was the ..... 9 of 1976, in which a common question of law is involved, namely, whether the magistrate has jurisdiction to continue and finally decide the proceeding under section ..... 1976 and .....
Tag this Judgment!Court : Guwahati
..... the petitioner also challenges the vires of the assam act 19 of 1955, the assam disturbed areas act, 1955, and the armed forces (assam and manipur) special powers act, 1958 as amended by armed forces (assam and manipur) special powers (amendment) act 1972, on which the two impugned notifications are ..... from the materials placed by the writ petitioner himself before this court as also before the supreme court, it cannot be said that there is no kind of disturbances to public tranquillity, serenity or 'rita' in the state for ..... their lordships further directed that this high court may consider the materials placed before the supreme court as the materials placed before this court and also give liberty to the parties to produce such other materials as they desire to ..... the order dated 16-4-1980 passed by the hon'ble supreme court in special leave petition (civil) no. ..... solicitor-general fairly confines himself to two questions, namely, prima facie case and the balance of convenience, and takes me through the materials placed before the hon'ble supreme court in the special leave petition. ..... have to be tested by the acid test of reasonability of restriction to fundamental rights; and the court has been assigned the role of a sentinel on the 'qui vive'. ..... 4377 of 1980 before the supreme court of india, on which their lordships of the supreme court by order dated 16-4-1980 were pleased to direct this high court to dispose of the stay application after hearing both the sides today, the 18th april .....
Tag this Judgment!Court : Guwahati
..... , curfews, police firing were 'the order of the day', so much so, that the entire state of assam was declared a 'disturbed area' and the assam disturbed areas act as well as the armed forces (special powers) act had to be brought into operation. ..... where freedom is in peril and justice is threatened all citizens shall receive the fullest protection from the court within the four corners of articles 21 and 22 of the constitution and the safeguards provided in the ordinance benignantly stretched and liberally interpreted, ..... the subjective satisfaction of the detaining authority in this constituency is prohibited area which the court cannot be asked to consider either the propriety or the sufficiency of the grounds on which ..... we have stated in a number of cases, following observations of the supreme court, that the question whether the grounds furnished are vague or not must be determined on consideration of ..... at the relevant time were duly considered by the supreme court in various cases while considering the preventive detention cases. ..... speaking for the supreme court explained in the clear language that the exercise of the power of detention is dependant on the subjective satisfaction of the detaining authorities with a view to preventing a person from acting in a prejudicial manner as set forth in ..... (as his lordship then was) speaking for the court turned down the contention and held that the mere circumstances that a detention order was passed during the pendency of a prosecution would .....
Tag this Judgment!Court : Guwahati
..... under the indian penal code or under any other law for the time being applicable to such district or region, confer on the district council or the regional council having authority over such district or region or on courts constituted by such district council or on any officer appointed in that behalf by the governor, such powers under the code of civil procedure, 1908, or as the case may be, the code of criminal procedure, ..... reads as follows :'whereas the siem of mylliem in khasi and jaintia hills has ceded to the british government the jurisdiction necessary for the municipal administration in accordance with the assam municipal act, 1923 of the villages of mawkhar, laitumkhrah, mission compound and jaiaw, south-east mawkhar and garikhana, mawprem and jhalupara, laban, lumparing cum madan laban malki and hanengumkhra, situate ..... municipality. on the basis of the decisions of the supreme court in hardeo das (air 1970 sc 724) (supra) and the special bench decision of this court in u owing (air 1956 assam 129) (supra), it appears that the area of mawkhar including barabazar was taken over by the government for sanitorium purposes and they could take it by or under the terms of the sanad or agreement and ..... rule. his lordship held that when the britishassumed sovereignty over the land in occupation of the siem they did not disturb their ordinary powers and functionsand the limit and extent of the authorityof the siems were recognised throughsanads granted by the sovereign power.his lordship relied .....
Tag this Judgment!Court : Guwahati
..... to as the 'the district, having been declared as a disturbed area under section 3 of the armed forces (special powers) act, 1958, hereinafter referred to as 'the act', alleging infringement of the fundamental rights guaranteed under arts. ..... (4) no civil proceedings in which relief is claimed against the president or the governor of a state, shall be instituted during his term of office in any court in respect of any act done or purporting to be done by him in his personal capacity, whether before or after he entered upon his office as president or as governor of such state, until the expiration of two months next after ..... as to whether in the absence of the governor the justification or the basic data, which resulted in the satisfaction or opinion of the governor for declaration of senapati district as a disturbed area will be available for scrutiny of the court we find no reason why the state government would not be able to provide the same. ..... cal 184) (supra) interpreting article 361(1), it was held that the governor could not be made a party in any proceeding in court, inter alia, in a case where his decision could have been questioned on grounds available to a citizen against other authorities justifying the ..... the first, the procedure of petition of right which was based on the principle that king could not be impleaded in his own courts; and the second, that the crown could not be proceeded against at all in tort, which was due to the same principle coupled with the doctrine .....
Tag this Judgment!Court : Guwahati
..... act 28 of 1958 is assailed in this court in a group of four cases, civil rules 2238, 2314, 2415 of 1990 and 11 of 1991, where the implication of arrest and interrogation of the arrested persons in all varied aspects under the criminal procedure code in the background of state act 19 of 1955, the assam disturbed areas act and the act 28 of 1958, are the subject matter of discussion ..... while the discussion was afoot the learned counsel requested this court in view of the importance of the subject matter namely the protection of women the instant order be passed subject to the final order in the above group of four cases ..... such a full discussion we term the instant order subject to further orders of this court in civil rules 2238, 2341, 2415 of 1990 and civil rule no. ..... the learned standing counsel for the union of india, who represents the army officials of the army in this court was requested in the chambers to cause production of the two students. ..... the question for consideration is the implications of the proviso to clause (1) of section 160 of the code of criminal procedure juxtaposed with the special powers of the army officers under act 28 of 1958.10. ..... in simple words the precise issue was whether the proviso applied in the context of provisions of armed forces (special powers) act 28 of 1958.9. ..... 1.50 suspected ulfa female member detained --by special correspondent.sibsagar, january 23 : the police yesterday arrested two young women suspecting them to be members of the ulfa .....
Tag this Judgment!Court : Guwahati
..... constitutional validity of the provisions of the armed forces (special powers) act, 1958 (act 28 of 1958) and the assam disturbed areas act, 1955 (act 19 of 1955) are challenged. ..... pending before the gauhati high court in which the validity of an assam act is to be decided is transferred to the delhi high court by the supreme court under article 139a of the constitution, the decision of the delhi high court would be binding on the court subordinate to the gauhati high court as if it has been made by the gauhati high court.26. ..... would be against the decision of the delhi high court and, therefore, the law laid down by the delhi high court, which should have been laid down by the gauhati high court but for transfer, became the law of the state of assam, and as such, it would be the policy of the law to make the law declared by the delhi high court binding on the gauhati high court as one declared by it in the interest of ..... 4(c) and (d) quoted above is plain and unambiguous and capable of one construction only and, therefore, it would not be open to the courts to adopt any other hypothetical construction on the ground that consequences would be unreasonable, unjust, or oppressive. ..... as regards 'specific provision', the supreme court in maru ram, air 1980 sc 2147 : (1980 cri lj 1440) (supra) has held that 'specific provision' is stronger than 'express provision' and has said 'that 'specific' is specific enough and even though 'special' to 'specific' is near allied and thin partition do .....
Tag this Judgment!Court : Guwahati
..... of the opinion that the whole of the state of assam was in such a disturbed or dangerous condition that the use of armed forces in aid of civil power was necessary and, therefore, the central government in the exercise of power conferred upon it by section 3 of the armed forces (special powers) act, 1952 (for short 'the act') declared the whole of the state of assam a disturbed area by issuing a notification dated 27-11-90 in the official gazette. ..... therefore, whenever the question of 'least possible delay' arises for decision, in computing the period of time the court has to have regard to the particular circumstances of the case -- physical impossibility or otherwise to make over the arrested person to the nearest police station, and how, where and in what circumstances the ..... case where detention was in violation of section 5 of the act, this court also awarded compensation (see the civil liberties v. p. l ..... 1986 sc 1987, we are of the view that the purpose underlying rule 27 is to enable the court to find out as to whether it would be safe to act on such evidence and to enable the court to know as to what facts are based in the affidavit on the basis of personal knowledge, information and belief as this is relevant for the purpose of appreciating the evidence placed before the court, in the form of affidavit. ..... in view of the above decisions of the supreme court, it is concluded that violation of section 5 of the act will not only amount to wrongful detention but also violation of .....
Tag this Judgment!Court : Guwahati
..... along with the central rule the central government under the armed forces (special powers) act, 28 of 1958 (the act of 1958) declared the entire state of assam a disturbed area as it was in a disturbed or dangerous condition, therefore armed forces were deployed for maintenance of law and order ..... the learned advocate-general who appeared for the state and the central government argued, this court should not look for adequate or sufficient evidence to sustain the impugned notification but look into the circumstances, whether broadly there was evidence to justify for the central government to make the ..... seeks suspension of sections 4 and 6 of the above act of 1958 and guidelines be given by the court to protect civilians during counter insurgency operations in north east. ..... this question was answered by the three judges on 20th february, 1991 to hold the delhi high court decision binds this court unless the decision is modified or varied in accordance with law. ..... reports received suggest that if at all the accused were arrested, the designated courts released them on bail without any resistance from the state. ..... if persons are detained in violation of the provision of the act, this court ordered compensation to the injured persons rs. ..... of assam the interim orders passed by this court were set aside and that the issue as to vires of the two acts is no more res integra. ..... it was pointed out that a single judge of this court suspended the notifications in 1981 and a like order may be .....
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